Shillong, Feb 26: The Meghalaya High Court has dismissed a writ petition which seeks its intervention to declare the Niam Khasi and Niam Tre indigenous religious faiths as ‘religious minority’ after it was withdrawn.

In its judgment passed on Monday, the division bench comprising of Chief Justice Mohammad Yaqoob Mir and Justice SR Sen said, “As prayed for, petition is dismissed as withdrawn.”

The writ petition filed by Khasimon Phanbuh and others have requested the Court to direct the government to extend the rights, entitlements and benefits under the various laws and also various Central and state government schemes meant for the benefit of minority communities to persons professing Niam Khasi and Niam Tre.

During the hearing, counsel for the petitioners said that the petition may be dismissed as withdrawn reserving the rights to the petitioners to avail other remedies.

The counsel stated that the matter is required to be taken up with the National Commission for Minorities as similar issues were raised before the Apex Court in the case of “Ashwini Kumar Upadhyay versus Union of India”.

The Apex Court in its order passed on February 11, has observed:- “Instead of entertaining the present writ petition, we are of the view that at this stage, the National Commission for Minorities should be asked to consider the representation dated 17th November, 2017 filed by the petitioner (Annexure P-2 to the writ petition) and pass appropriate orders thereon. The Court would expect the National Commission for Minorities to take decision in the matter as early as possible, preferably within a period of three months from today. Once the said exercise is completed, the petitioner will be free to avail such remedies as available to him in law. With the aforesaid observation, the writ petition stands disposed of.”

Earlier, the counsel for the respondents had produced copy of the order passed in WP (C) No.489 of 2016 by the Apex Court wherein it has been observed – “It needs no special emphasis to state that this Court cannot direct the State to bring a legislation.”

Finally, it has been opined that “grievance made in the petition stands mitigated for the present.” The parties were left to take up the matter before the appropriate authorities.