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Assam Lok Adalat or Assam State Legal Services Authority (People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Assam. The Assam Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India , of "ACCESS TO ...
The High Court's decision was met with public disappointment and raised concerns about the judicial process in such serious cases. [7] Later, Assam Chief Minister, Himanta Biswa Sarma, said the state government would go to the Supreme Court, if needed, after reviewing the Gauhati High Court's decision. [5]
After Indian independence, the Assam Legislative Assembly adopted a resolution on 9 September 1947 that a High Court be established for the province of Assam. In exercise of power conferred by the Government of India Act 1935, the Governor General of India on 1 March 1948 promulgated the Assam High Court Order, 1948, establishing the High Court of Assam.
A Lok Adalat can take up civil cases (including marriage and family disputes) and compoundable criminal cases. The decision of a Lok Adalat deciding any case coming before it is deemed as final, and any award or decree issued is enforceable on competing parties. [16] Additionally, the issued order cannot be recalled or reviewed by the court.
Human rights abuses in Assam have been compared to the situation of human rights abuses in other insurgency-affected areas of northeast India. [1]The Indian Army has conducted massive search operations in "thousands of villages in Assam" during which actions were taken against peoples that included civilians and young people of having militant sympathies.
The court gave notice to the government on the petitions and allowed one month to respond in the next hearing in February. [288] The Supreme Court also segregated the case of Assam and Tripura considering the fact of cross-border infiltration and assured of looking into the matter separately. [289]
The Act was challenged by Sarbananda Sonowal in courts. In 2005 a three-judge Bench of the Supreme Court of India held that the Illegal Migrants (Determination by Tribunals) Act, 1983 and rules "has created the biggest hurdle and is the main impediment or barrier in the identification and deportation of illegal migrants" and struck down the Act.
Case opinions The rights guaranteed under Articles 14 (equality) and 21 (due process of law) are available to all persons who may or may not be citizens. But the right not to be deported, is ancillary or concomitant to the right to reside or settle in any part of the territory of India guaranteed under Article 19(1)(e)