Himachal HC passes interim order staying notification granting tribal status to Hatti community

Barely three days after the state government issued a notification granting tribal status to the Hatti community, Himachal Pradesh High Court on Thursday issued an interim order staying the notification.

Passing an order on a bunch of petitions, a division bench of Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua said prima facie there appears to be “manifest arbitrariness and glaring unconstitutionality in the impugned law”.

The Himachal Pradesh government on Monday issued a notification granting Scheduled Tribes status to the Hatti community of Sirmaur district’s Transgiri area.

Members of the community had been demonstrating against the state government over not implementing the Constitution (Scheduled Tribes) Order (Second Amendment) Act, 2023, and notifying the community as Scheduled Tribes.

The bench said there exists a balance of convenience in favour of the petitioners and irreparable injury is likely to be caused if the interim relief is not granted.

The court then stayed the notification till March 18.

However, the high court clarified that the observations or findings recorded are only prima facie and tentative and shall not have any bearing during the final hearing.

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