Morung Express News
Dimapur | July 22
The Gauhati High Court Kohima Bench on July 22 gave the Nagaland Government a “last opportunity” to file its counter affidavit in two connected Public Interest Litigations (PIL) concerning the criteria for issuance of Indigenous Inhabitant Certificates (IICs).
A Division Bench comprising Justice Parthivjyoti Saikia and Justice Yarenjungla Longkumer passed the order after the Additional Advocate General (AAG), appearing for the State, sought another opportunity to file the affidavit.
Senior counsels representing the petitioners objected to the request.
“One last opportunity is given to the State respondent(s) to file counter affidavit,” the Court stated, adding that plea for interim order would be considered if it is not filed by August 12, the next date of hearing.
The matters are PIL/2/2026 filed by the Angami Public Organization (APO) and PIL/4/2025 filed by the Nagaland Tribes Council (NTC).
During intervening hearings on April 22, May 20 and June 17, the AAG had sought time to file response.
Case background
In its initial March 18 order in the APO’s PIL, the High Court examined the State Government’s September 20, 2024 notification concerning issuance of IICs to the 15 recognised Naga tribes.
The Court noted that under the earlier April 28, 1977 notification, a person seeking recognition as an indigenous inhabitant for State employment had to satisfy any one of three criteria: inclusion of the person or parent/guardian in the electoral roll published on December 5, 1963; payment of house tax prior to December 1, 1963; or acquisition of property and patta prior to that date.
Under the September 2024 notification, Village Verification Committees verify applications, which are subsequently scrutinised by the area Administrative Officer before the Deputy Commissioner issues the IIC.
The prescribed form also seeks details of an applicant’s parents and ancestry, including the paternal grandfather, paternal great-grandfather and native or ancestral village.
However, the Court observed that the notification was silent on whether an applicant, his or her parents or forefathers must have been inhabitants of Nagaland prior to December 1, 1963.
The Bench said it was prima facie of the opinion that this aspect had not been incorporated because of the Cabinet decision that, for the 15 tribes under the Naga tribe category, IICs would be issued “irrespective of their location.” It nevertheless considered clarification from the State necessary.
Accordingly, the Court directed the State to clarify its position via an affidavit.
