SUMAN K SHRIVASTAVA
Ranchi, Sept 29: The Jharkhand High Court has directed the Centre and the State government to have a combined sitting and finalise the fact-finding committee members before October 1.
The order reserved by the court, hearing a public interest litigation, on September 20, was uploaded on the Jharkhand High Court website today.
A division bench comprising Justice Sujit Narayan Prasad and Justice Arun Kumar Rai, in its 32-page order, observed that there is no denying that the problem of decline in the demography of the tribal population is currently affecting the population matrix of Jharkhand.
Decrease in tribal population
The court observed that the infiltration issue is having a bearing in Jharkhand, particularly, the decrease in the population of the Tribal community. “It cannot be disputed that the State of Jharkhand was created by the Central legislation on November 15 2000 based on the fact that the majority of the population of Jharkhand is tribal,” the court order added.
The court has also directed them to file affidavits intimating about the constitution of the Committee on or before September 30.
The court observed that after considering the affidavits filed on behalf of both the State and the Centre, it was of the view that the chief secretary and the Union home secretary, in their meeting, are required to consider the curative measures as also the preventive measures.
Why fact-finding committee is required?
The court said that an independent fact-finding committee was required to reach a conclusion of infiltration and that being the cause of the shift in demography, it is found to be necessary that an independent Fact-Finding Committee should be constituted.
“The purpose of this Committee is to provide the reasons for infiltration as it is happening on the ground and its effect on the population. This is the first step in the direction of curative measures that could be undertaken in all sensibilities to understand the magnitude of the problem that we are facing,” the court said.
Infiltration is at least one of the root problems, admits Jharkhand govt
“So far as the preventive measures are concerned, the State of Jharkhand has indicated that infiltration is at
least one of the root problems, that the State of Jharkhand is suffering,” the bench commented.
“The decline in the demography of the Tribal population as per the State of Jharkhand is attributed to the infiltration cause, but they have expressed that they are not in a position to prevent it, as the infiltration population is flowing from the neighbouring States, which are also States having international borders,” the court said.
The court observed that both the Union Home Secretary and the Chief Secretary have expressed their willingness to sit together.
“It is also expected that in the same meeting or thereafter, as scheduled, the preventive measures to halt infiltration, as could be gathered from the affidavit of the State may be discussed,” the court observed.
“It is expected that before the next date of hearing (read October 1) the first meeting between the parties should take place in which the names of the experts constituting a Fact-Finding Committee shall be finalised,” the court said.
State government to move Supreme Court
Advocate General Rajiv Ranjan, however, said that the State government has already challenged the Jharkhand High Court’s September 17 order. “We will further challenge the September 20 order tomorrow. The State government is not in favour of constituting a fact-finding committee,” he said.
