‘Infiltration’ in Santhal Pargana: Chief Secy directs Home dept to file affidavit for ‘prior consultation’ with MHA over panel

During the hearing, Deputy Commissioners of the six districts comprising the region had filed affidavits saying there was no infiltration in the area. The HC noted that the MHA, in its affidavit, said infiltration had taken place, although the MHA mentioned “linkages to Bangladeshi immigrants” in any land-related cases were not established “so far.”

In his letter to the state Home Department dated September 14, Khiangte wrote: “…there is requirement of prior consultation with the Ministry of Home Affairs before the State takes further stand on the matter; and that there are sensitive issues of Centre-State relations requirement of close coordination, sharing of intelligence, etc. between the agencies of States and that of Ministry of Home Affairs. The nature of the issue also requires serious consideration at the national level as it impacts upon matters of national security.”

In its affidavit in the HC on September 12, the MHA had said the Centre is “concerned and alert regarding the illegal migration in parts of Jharkhand.” It is the “primary responsibility of the state government to identify illegal immigrants”, it said, adding that the problem could be resolved if Centre’s efforts are “supplemented by corresponding effort of the state government.”

“ …In this case such support and cooperation of the state government… has been less than expected,” the MHA affidavit had said.

Khiangte in his letter said: “the High Court should ensure the performance of the executive i.e ensure the MHA to call for coordination meetings with the state parties and all agencies concerned and not to accept the attempt of the MHA to circumvent/evade/shirk its responsibility under the federal structure of governance as is evident.”

The letter directed the Home Department to request the HC to direct MHA, in the interest of national security, to convene necessary meetings with all state parties concerned along with its agencies. “Only after such consultations can the state government approach the court with appropriate submissions. The submission for prior consultation with the MHA was also repeated by the Advocate General. However, perusal of the order (on September 12) of the High Court shows this oral submission has not been incorporated… it is necessary to submit the case of the State before the HC by way of filing of affidavit on or before September 17,” it said.