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SC refuses to stay CAA implementation, asks Centre to respond to pleas within 3 weeks

Senior advocates Kapil Sibal, Indira Jaising and Vijay Hansaria asked the court to seek a statement from Mehta that no citizenship would be granted in the meantime as once citizenship is granted, the whole process would become irreversible and the matter would become infructuous.

Ashish Tripathi
DHNS

Last Updated 19 March 2024, 15:03 IST
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The court declined to restrain the Centre from granting citizenship under the Act and rules.
Credit: PTI File Photo

New Delhi: The Supreme Court on Tuesday issued notice to the Centre on a plea seeking stay of rules notified on March 11, 2024 under the Citizenship Amendment Act, to grant citizenship to non-Muslim migrants from Pakistan, Bangladesh and Afghanistan who entered the country by December 31, 2014.

The court declined to restrain the Centre from granting citizenship under the Act and rules.

"We are not expressing any prima facie view," a bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said.

Also Read:Assam will register 3-5 lakh applications under CAA: CM Himanta Biswa Sarma

The court asked the Centre to file its response within three weeks to the applications for stay on the rules. It posted the matter for hearing on April 9.

The bench declined to consider plea by the applicants led by a number of counsels seeking a statement from Solicitor General Tushar Mehta that they would not grant citizenships till the next date of hearing.

"I am not going to make any statement," Mehta said.

On repeated contention by the counsel for the petitioners, the bench said infrastructure for grant of citizenship is not yet in place.

The bench said it was giving the Union government time to file reply.

The court also decided to consider the matters arising out of Assam, where an exercise for National Citizenship Register has taken place.

Senior advocates Kapil Sibal, Indira Jaising and Vijay Hansaria asked the court to seek a statement from Mehta that no citizenship would be granted in the meantime as once citizenship is granted, the whole process would become irreversible and the matter would become infructuous.

Also Read:CAA only a precursor, BJP will target people ‘speaking different languages’ next, says Tamil Nadu CM Stalin

Mehta said under the rules, there are three tiers for processing the applications for citizenships. He also asserted none of the petitioners would be prejudiced if any citizenship is granted.

Advocate Nizamuddin Pasha, for a party submitted as many as 19 lakh people were kept out of NRC exercise undertaken in Assam and now, except Muslims, all those can file an application for citizenship, which can be processed.

Sibal and Jaising had earlier said that when the court issued notice in the matter on January 22, 2020, it did not consider the question of stay as no rules were notified till then.

"Notifications have been issued on March 11 after four years. If somebody gets citizenship, it would be irreversible, you can’t take it back, it would become infructuous. There was no question of rejecting stay then," Sibal said.

Jaising also submitted that till the court heard the matter, there be should be stay.

Advocate Kaleeswaram Raj, also for a petitioner, cited the instance of farm laws, which were stayed by the court.

The court, however, issued notice to the Union government on applications for stay and fixed the matter for hearing on April 9.

Also Read:PM Modi silent on CAA during Kerala visit, reiterates hopes of winning double-digit seats

Kerala’s Indian Union Muslim League and others filed a plea in the Supreme Court seeking a direction to stay the implementation of Citizenship Amendment Rules, 2024.

Democratic Youth Federation of India, in a separate plea, claimed that the Citizenship Amendment Rules violate Article 14 of the Constitution and it is unconstitutional, discriminatory, manifestly arbitrary, unreasonable, and irrational.

The CAA proposed to give citizenship to those persons who are illegal migrants belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian faiths from Afghanistan, Bangladesh or Pakistan and, who have already entered into India on or before December 31, 2014. As many as 237 petitions were filed before the court challenging validity of the CAA, 2019.

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(Published 19 March 2024, 15:03 IST)
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