APO-NTC PILs: Nagaland government affidavit awaited; HC fixes August 19

Morung Express News
Kohima | August 13

The Gauhati High Court Kohima Bench on August 12 deferred the hearing of two connected Public Interest Litigations (PILs) concerning the criteria for issuance of Indigenous Inhabitant Certificates (IICs), fixing the matter for August 19 to allow Nagaland Government’s to submit its affidavit on the issue. 

A Division Bench comprising Justice Susmita Phukan Khaund and Justice Mridul Kumar Kalita passed the order after Advocate General Nagaland K N Balgopal submitted that the affidavit, as directed by the Court’s March 18 order, had been sent on August 12 and would be submitted before the Court.

The State further sought that the matter be fixed for arguments primarily on the maintainability of the petitions, after which the merits could also be taken up.

Counsel for the petitioner strongly objected, submitting that despite the issue being “sensational,” the State had obtained several adjournments and was delaying the matter. She urged the Court to take up the arguments on August 12 itself.

The Bench, however, observed that the affidavit was already under process and directed that the matter be listed after one week, on August 19, “for submission of the affidavit positively.”

The two matters are two PILs, one filed by the Angami Public Organisation (APO) and another by Nagaland Tribes Council (NTC).

Case Background
The petitions challenge aspects of issuing IICs to the 15 recognised Naga tribes. The Court, in its March 18 order, examined the State’s September 20, 2024 notification and noted differences from the 1977 criteria, which linked indigenous status to electoral rolls, house tax or property records as of December 5, 1963.

It observed that the 2024 notification does not specify whether applicants, their parents or forefathers must have been inhabitants of Nagaland before December 1, 1963, despite seeking details of ancestry in the application form.

The Bench sought clarification from the State, particularly in view of the Cabinet decision to issue IICs to members of the 15 tribes “irrespective of their location.”

On July 22, the Court gave the State a “last opportunity” to file its counter affidavit by August 12, failing which the petitioners’ plea for an interim order would be considered.