Left Menu
Development News Edition

SC says no stay on CAA without hearing Centre, gives govt 4 weeks to reply


SC says no stay on CAA without hearing Centre, gives govt 4 weeks to reply

The Supreme Court made it clear on Wednesday that it would not stay the operation of Citizenship (Amendment) Act without hearing the Centre and said that a five-judge Constitution bench would decide its validity. Seeking response of the central government in four weeks on a batch of pleas challenging the CAA, the top court also restrained high courts in the country from proceedings with pending petitions on the issue.

"We are not going to pass any ex-parte order without hearing Centre on the aspects of interim relief," a bench headed by Chief Justice S A Bobde said. The observation assumes significance as a battery of senior lawyers led by Kapil Sibal and A M Singhvi vehemently sought judicial intervention and demanded that the operation of the CAA and National Population Register (NPR) processes be stopped for a couple of months till apex court decides the petitions.

Taking note of vehement opposition of the Centre, represented by Attorney General K K Venugopal and Solicitor General Tushar Mehta, the bench observed "according to the government this relief is akin to granting stay on the Act". The bench, also comprising Justices S Abdul Nazeer and Sanjiv Khanna, said: "The matter is uppermost in everybody's mind. We will form a five-judge bench and then list the case. Issue notice on all such petitions in which notices were not issued. Attorney General K K Venugopal seeks time to file reply in four weeks."

It said the court would hear some of the petitions in-chambers for deciding the modalities and thereafter a five-judge bench would be constituted after four weeks for day-to-day hearing on a batch of 143 petitions. Senior advocate Kapil Sibal, appearing for some petitioners challenging the validity of CAA, said the issue be referred to a Constitution bench and the NPR exercise be postponed by a couple of months. He also urged the bench to put on hold the operation of the CAA.

The bench said, "Even we think that the matter should be heard by a Constitution bench." Venugopal said that after the last hearing on December 18, the apex court had issued notice to Centre in 60 matters but thereafter 83 fresh petitions has been filed and copies of many of them were not served upon them.

"We need to reply to those petitions and six weeks time should be given to us for filing counter affidavits," the AG said. Senior advocate Vikas Singh, appearing for petitioners challenging the process of grant of citizenship under the CAA to 40 lakhs Bengali Hindus, who had migrated from Bangladesh to Assam and Tripura said that the Act will create a peculiar situation and huge agitations are going on in these states.

He said that the operation of CAA be stayed as it even violated Assam Accord of 1985, which fixes cut of date for grant of citizenship as March 24, 1971. "Assam is facing a peculiar situation due to the migrants coming from Bangladesh as earlier cut off date for grant of citizenship was 1950, then cut of date was extended to March 24, 1971. This extension has been challenged before the apex court and the matter is pending," he said.

Venugopal intervened and urged the Court to hear petitions relating to Assam separately from a batch of anti-CAA petitions and assured the court that the exercise of Assam National Register of Citizenship (NRC) will not be complete until the national list is published by the Registrar General of India. To this, the bench said that the petitions concerning Assam and Tripura as well as the matters related to Uttar Pradesh, which is going ahead with the implementation of CAA without framing any rules, can be dealt with separately.

The top court observed that Assam's problem is different from rest of the country as the earlier cut off date for citizenship was March 24, 1971, which under the CAA has been extended to December 31, 2014. Senior advocate K V Vishwanathan, appearing for some anti-CAA petitioners said, "The operation of the Act should be postponed as their is apprehension among the minority but their is also anguish among the majority class of the country."

Singhvi said that recently 40,000 people have been recommended by the Uttar Pradesh government to the Centre for grant of citizenship. "People are being marked as 'doubtful citizen' in 19 districts of Uttar Pradesh, which is creating panic among the masses that they will be disenfranchised and taken out of the electoral rolls", he said.

Singhvi said, "They (UP government) are proceedings ahead even when the rules and regulations under the Act have not been notified. The process needs to be postponed by couple of months and it would not make any difference. Things which have not happened for 70 years cannot be allowed to start in 20 months". The CAA seeks to grant citizenship to migrants belonging to the Hindu, Sikh, Buddhist, Christian, Jain and Parsi communities who came to the country from Pakistan, Bangladesh and Afghanistan on or before December 31, 2014.

President Ram Nath Kovind gave his assent to the Citizenship (Amendment) Bill, 2019 on December 12, last year turning it into an Act. Several petitions have been filed challenging the constitutional validity of the CAA. Among those who have filed pleas are the Indian Union Muslim League (IUML), Congress leader Jairam Ramesh, RJD leader Manoj Jha, Trinamool Congress MP Mahua Moitra and AIMIM leader Asaduddin Owaisi.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)

Download The Devdiscourse News App for Latest News.


TRENDING

OPINION/BLOG/INTERVIEW

Conspiracy theories on COVID 19: Legislators, Scientists, and Journalists all joined the Caravan

Conspiracy theories are not new for virus epidemics. There have been conspiracy theories on HIV-AIDS, Polio Vaccines, Ebola Virus, and several other diseases as well. However, what makes the 2019 Novel Coronavirus different from others is ...

Top 10 Fake News, Myths and Realities on 2019 Novel Coronavirus COVID 19

With nearly 1500 deaths by January 14 and around 65,000 infections in China, the Novel Coronavirus 2019 has become one of the worst health epidemics of the 21st Century. However, 8,573 people have been cured but the rumor mongers are a...

Handling fake news Infodemic in time of Coronavirus epidemic

Social media has provided a platform where everybody can disseminate his her views without any supervision. Its excellent if the message is genuine but misinformation is equally disastrous. Health is such a topic where every Tom and Harry c...

Sentiment Analysis on Budget 2020: Long shot for solution to economic worries?

Industries and individuals alike had high expectations from the government to take tangible steps but the budget 2020 seems to have failed expectations....

Videos

Latest News

India, US eyeing to ink five pacts during Trump's visit

India and the US are eyeing to sign around five pacts providing for cooperation in areas of intellectual property rights, trade facilitation and homeland security during President Donald Trumps maiden visit to India next week, the External ...

Rugby-Zanni returns in only change for winless Italy

Lock Alessandro Zanni will return to the Italy side for Saturdays Six Nations match against Scotland at the Stadio Olimpico in the only change from the team who started the last game against France. Italy, who have lost their first two matc...

SRM University AP working on hydrogen-infused railway engines

SRM University AP is working on a flagship project to develop hydrogen-infused railway engines in partnership with the Indian Railways, its Pro-Vice-Chancellor D Narayana Rao said here on Thursday. Addressing a two-day Industry-Academia Sum...

Two men arrested with 200 kg ganja in Delhi

The Delhi Polices Crime Branch has arrested two men from southwest Delhis Munirka and seized 200 kg of ganja from them, officials said on Thursday. The accused were identified as Surjeet 33 and Santosh Kumar Pandit 38, both residents of Beg...

Give Feedback