GUWAHATI: The Supreme Court on Monday, August 10, directed the Union Government and the Assam government to file their replies in a batch of petitions concerning the issuance of National Register of Citizens (NRC) Identity Cards to people included in the final NRC list published in August 2019.
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A bench comprising Justice PS Narasimha and Justice Alok Aradhe heard the matter.
The petitions have been filed by Jamiat Ulema-e-Hind, the All-Assam Minority Students’ Union (AAMSU) and the Assam Sankhyalaghu Sangram Parishad.
Senior Advocate Kapil Sibal, appearing for Jamiat Ulema-e-Hind, submitted before the bench that although notices had been issued, the Union and Assam governments were yet to file their replies. Sibal also sought permission to file a rejoinder to the response submitted by the Registrar General of India.
During the hearing, Senior Advocate Manish Goswami mentioned an interlocutory application concerning a separate petition filed by Hitesh Dev Sarma, the former Assam NRC Coordinator. Goswami submitted that Sarma’s petition raises prayers that are diametrically opposite to those made in the petitions currently before the court and sought that the matter be tagged with the other petitions.
Sarma’s petition seeks re-certification and re-verification of the NRC, citing alleged inaccuracies in the final list published in 2019.
After briefly hearing Additional Solicitor General Aishwarya Bhati, appearing for the Union government, the Supreme Court directed that Sarma’s petition may be tagged with the other matters. However, it will be heard after the Union and Assam governments file their replies.
The petitions before the Supreme Court challenge what the petitioners describe as the failure of authorities to complete the process following the publication of the final NRC in 2019.
According to the petitioners, although the final NRC was published in August 2019, the authorities have not taken the steps prescribed under the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.
The petitioners have sought the issuance of National Identity Cards to the 3.11 crore people who were found eligible for inclusion in the final NRC. They have relied on Rule 13 of the Citizenship Rules, 2003, which provides for the issuance of National Identity Cards to persons whose names are included in the National Register of Indian Citizens.
The petitions have also raised concerns over the non-issuance of rejection slips to nearly 19 lakh people whose names were excluded from the final NRC.
The petitioners have argued that rejection slips are necessary to enable excluded persons to exercise their right to appeal under Paragraph 8 of the Schedule to Rule 4A of the Citizenship Rules.
They have contended that the failure to carry out these post-publication procedures has effectively left the NRC exercise incomplete.
The petitioners have further argued that the continued failure to implement the provisions has rendered the final NRC process unconstitutional and arbitrary, alleging violations of Articles 14 and 21 of the Constitution.
The Supreme Court’s direction on Monday means the matter will proceed after the Union and Assam governments submit their respective responses.
Meanwhile, the plea by former NRC Coordinator Hitesh Dev Sarma could bring another dimension to the proceedings, as it seeks re-certification and re-verification of the NRC itself, citing alleged inaccuracies in the final list.