JACBOM formed to challenge Boundary Dispute MOU anomalies

Syllad | The Rising MeghalayaApril 30, 2022

The newly formed Joint Action Committee Border of Meghalaya (JACBoM) on Saturday has threatened to challenged the Memorandum of Understanding (MoU) signed between Meghalaya and Assam for resolving 6 of the 12 areas of difference in Supreme Court.

The JACBoM was formed at a meeting held in Shillong Club where Advocate Erwin K Sutnga was elected as chairman. Lamphrang Kharbani and Charlie Rani as co-chairmen, Tengsat G Momin, Donbok Dkhar and Sengbath Ch Momin as vice chairmen, Rastingwell Thabah as general secretary and Coming Dkhar, Choto K Sangma, Kleden Sangma, Pynkhlain Dhar, Vincent Sohkhwai, Jeaness Sohshang and Bigstar Sohtun as chief organizers.

Speaking to reporters after the meeting, Sutnga informed that he has resigned from the Congress on his assumption as chairman of the JACBOM to ensure the issue is not being politicized.

When asked, Sutnga said that the JAC will soon organize meetings in all the border areas and gather documents and it would be too early to announce that they will directly approach the Supreme Court.

“The JACBOM will first take the confidence of land owners, the Hima, the Syiem and then we will work out the strategy. We are ready to go forward along with all land owners, the Hima, the traditional heads to fight against the MoU even if it includes knocking the high court or Supreme Court,” he stated.

Stating that the MoU signed between the Meghalaya CM and the Assam CM does not have any “legal status”, Sutnga said, “If they look by historical perspective and ethnicity we are matrilineal society and in Assam we will not be recognize as ST and in Assam the land owner will always be the state government even though there is revenue free area but at the end the ownership of the land will always be the state government whereas in Meghalaya it will always be with private owners which include the Raid, the community under the district council. Hence we felt that the boundary issue will always affect the land ownership and the identity of our people.”

“Yes, we would have praised the MDA government for its initiatives to solve the boundary disputes if it had followed the right system by following the order of 1876 where the boundary of Khasi states was well defined through the notification of the British government,” he said.

He said the areas now which are being encroached by Assam were transferred to Kamrup for administrative convenience under 1876 notification, not ownership of land not for anything else but only for administrative convenience.

“Here we need to address the constitutional anomaly which is there in Schedule I where it indicates the boundary of Assam which indicates that the boundaries of Assam as the territories which immediately before the commencement of the constitution were comprised in the province of Assam, the Khasi states and in the Assam tribal areas. Why is there a Khasi state because those areas belong to Meghalaya or its Hima, this the state government needs to understand clearly.”

Stating the matter requires interpretation by the Supreme Court, Sutnga said, “The Supreme Court under Article 131 has the original jurisdiction in a dispute between two states between one state and the central government to or more states and the central government between two or more states on one side and two more states on the other side.”

Reiterating that the signing of MoU was not done through constitutional processes, He said the MDA government has failed to look into these aspects, they were so fast in signing the MoU which have no basis under the constitution or the law.

Asserting the need to constitute an interstate council for resolving the boundary issue, the chairman said, “If the MoU have a legal validity it has to be decided by an interstate council because if they take the MoU to the parliament and pass it will be against the wishes against the democratic right and constitutional rights of the people of Meghalaya.”

“If the MoU was done through the interstate council with full presidential notification and process of law it will take all suggestions of all people in the border, Assam government or central government and once the order is passed, it will become legal,” he added.