Gauhati High Court Closes PIL on Assam Accord Pending Supreme Court Decision

Petition on Implementing Assam Accord and Addressing Illegal Migrants Deferred Awaiting Apex Court's Verdict

The Gauhati High Court, on December 3, 2025, closed a Public Interest Litigation (PIL) filed by Assam Andolon Sangrami Mancha. The PIL sought the implementation of the Assam Accord, specifically focusing on the cultural, social, linguistic, and economic concerns of the Assamese people. The petition also addressed the issue of deportation of illegal migrants from Assam. The court decided to close the petition, pending the outcome of a similar case currently before the Supreme Court of India.

The bench, comprising Justices Michael Zothankhuma and N. Unni Krishnan Nair, heard arguments from Mr. S. Difusa, representing Mr. D. Choudhury, the counsel for the petitioner. The respondents included the Union of India and several state officials, represented by Mr. S.C. Biswas and Mr. R.K.D. Choudhury.

The petitioners argued that the Assam Accord, which includes clauses aimed at protecting the identity and economic development of the Assamese people, had not been implemented effectively. They expressed concern over the inadequate deportation of illegal migrants, which they claim continues to threaten the cultural and social fabric of Assam.

Furthermore, the petitioners' request to declare the regularization of Hindu migrants until 2016 as illegal became moot with the enactment of the Citizenship Amendment Act, 2019. This Act allows certain non-Muslim migrants from neighboring countries to obtain Indian citizenship, thereby altering the legal landscape concerning the petition's claims.

The court noted that similar issues are pending before the Supreme Court, which has been deliberating on these matters since 2017. Previous orders by the Gauhati High Court had already adjourned the case several times in anticipation of the Supreme Court's decision. As the Supreme Court has yet to resolve these issues, the Gauhati High Court concluded that it would be prudent to close the current PIL until a definitive verdict is provided by the apex court.

This decision underscores the interconnectedness of judicial processes across different courts in India, especially on matters of national importance such as the Assam Accord and the Citizenship Amendment Act. The outcome of the Supreme Court's deliberations is expected to have significant implications for the state's demographic and cultural policies.

Bottom Line:

PIL seeking implementation of the Assam Accord, addressing the cultural, social, linguistic, and economic concerns of the Assamese people, and deportation of illegal migrants - Petition closed awaiting the decision of the Supreme Court on similar issues.

Statutory provision(s): Assam Accord Clauses 5.1 to 5.5, Citizenship Amendment Act, 2019

Assam Andolon Sangrami Mancha v. Union of India, (Gauhati)(DB) : Law Finder Doc Id # 2819515