Urges Home Commissioner to stop extra-statutory handling of ILP defaulters, seeks strict BNSS compliance
Kohima, April 24 (MExN): The Kohima Bar Association (KBA) has written to the Home Commissioner of the Nagaland government, expressing concern over a “procedural illegality” in the enforcement of the Bengal Eastern Frontier Regulation, 1873 (BEFR), specifically regarding the handling of persons arrested for non-possession of a valid Inner Line Permit (ILP).
The representation appended by KBA President Vekhostso Swuro and Secretary Lhusisato Iralu urged the Home Department to issue a formal directive to the Nagaland Police to cease forwarding ILP defaulters to the office of the Deputy Commissioner and instead route all such cases through the formal judicial process under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
The current procedural lapse
Citing an RTI reply dated September 25, 2025, the KBA stated that police in Kohima district frequently forward arrested ILP defaulters to the Deputy Commissioner's office for “necessary action” instead of initiating formal criminal proceedings. The association further highlighted instances where ILP defaulters were arrested and released at police stations upon payment of certain fines. “Such unethical and illegal practices of misusing the BEFR for revenue generation may have far reaching consequences,” it the representation cautioned.
Legal incongruity
The KBA argued that the practice of routing cases to the district administration is without legal sanction on multiple grounds. It explained that under the BEFR, any person crossing the Inner Line without a valid pass is liable for punishment with imprisonment for a term, which may extend to one year, to a fine not exceeding Rs 1000 or both.
The KBA reproduced the relevant provision stating: “Penalty for crossing line without pass-3. Any person so prohibited, who after “the Inner Line” has been prescribed and notified in accordance with section 2 of this Regulation, goes beyond such lime without a pass, shall be liable, on conviction before a Magistrate, (to imprisonment of either description which may extend to one year, to a fine not exceeding one thousand rupees, or to both).”
The association pointed out that Deputy Commissioner is not empowered to award a sentence of imprisonment in these matters. “Such authority is vested solely in the regular Magistrate courts.”
It also raised constitutional concerns, stating that the arbitrary detention or administrative handling of a penal offence could infringe upon an individual's fundamental rights. “In cases involving non-Indian citizens, the arrest, detention, and deportation of such persons may be done as per the provisions of the Immigration and Foreigners Act, 2025,” it noted.
Existing directives ignored
The representation drew attention to prior directives that already mandate formal case registration in ILP violation matters. It emphasised that the BNSS is applicable in the State of Nagaland.
Accordingly, the police are bound to deal with every such case strictly in accordance with the BNSS and other applicable laws, and not through informal or extra-statutory administrative handling.
The NBA stressed that in August 2015, the Registrar of the Gauhati High Court, Kohima Bench, had deprecated the practice of filing Non-FIR and MR entries in cognizable cases and directed the Director General of Police, Nagaland, to ensure regular cases are registered and processed through the judiciary in all cognizable offences.
In compliance, the Senior Superintendent of Police, Kohima, had on August 24, 2015, issued a directive mandating all police stations to register regular cases in ILP default matters under the BEFR.
Issues three-point prayer
The KBA made a three-point prayer to the Home Commissioner for issuing a formal directive to the Nagaland Police. First, it requested that the practice of forwarding ILP defaulters to executive offices for extra-statutory handling be immediately stopped.
Second, it sought a directive ensuring that the Officer-in-Charge of every concerned police station initiates and processes each ILP violation case strictly in accordance with the BNSS and other applicable laws.
Third, it requested that every person apprehended in connection with such a violation be produced before the competent court within the prescribed time, with all further action carried out only through due process of law.
“The existing practice of bypassing the judiciary is both legally impermissible and administratively insufficient,” the representation stated, adding that forwarding defaulters to the Deputy Commissioner's office “may result in miscarriage of justice” and undermine the punishments prescribed under the BEFR.
The KBA emphasised that in the context of the massive influx of illegal immigrants and the sensitivity surrounding personal liberty, enforcement of the ILP must be carried out in a manner that is “legally sound, transparent and effective in the interest of justice and state security.”
