Arunachal magistrate’s ILP fine on Chakmas sparks outrage; legal experts slam ‘contempt of court’

In a controversial move raising serious legal and human rights concerns, an Executive Magistrate in Lohit district has reportedly imposed fines on ten Chakma tribals under the Bengal Eastern Frontier Regulation (BEFR), 1873, alleging violation of Inner Line Permit (ILP) norms.

The order, dated June 16, has been widely condemned as blatant contempt of court, with legal experts citing the Gauhati High Court’s landmark judgment in All Arunachal Pradesh Students’ Union vs. Election Commission of India (PIL No. 52 of 2010). That ruling had categorically held that ILP provisions do not apply to Chakmas and Hajongs resettled in Arunachal Pradesh by the Government of India in 1964.

“Once they are allowed to settle in A.P., it would be deemed that such permits had been granted to them... Any other view would negate and defeat the policy decision,” the High Court had ruled.

Despite this, Sunpura police detained ten Chakmas following complaints from the Sunpura Area Youth Association (SAYA), which alleged the tribals were “illegally settling” without ILPs. Acting on this, the Magistrate proceeded to fine them under the very law the court had exempted them from.

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Legal commentators have described the order as a gross violation of judicial authority, emphasising that no Magistrate has the power to override or reinterpret High Court judgments.

“This is not just a legal blunder — it’s a dangerous precedent and outright contempt of court,” said Advocate Chakma, a human rights lawyer. “The officials responsible must be held accountable.”

The controversy deepens with concerns that local landowners or intermediaries may have instructed or employed the Chakmas for forest clearing or cultivation. If so, vicarious liability must apply, and the actual instigators should be prosecuted, not the marginalised workers.

“It’s unjust to punish poor tribal families while letting the powerful walk free,” Advocate Chakma added.

The move also undermines the Supreme Court’s 1996 ruling in NHRC vs. State of Arunachal Pradesh, which had directed the state to protect the life and liberty of Chakmas and Hajongs.

Amid growing concern over rising communal tensions and misuse of the ILP law, human rights advocates have called for urgent intervention from the Chief Secretary, Director General of Police, and the National Human Rights Commission (NHRC).