The Supreme Court on Monday directed the Union Government and the Assam Government to file their responses to a batch of petitions seeking issuance of National Identity Cards to persons whose names were included in the final National Register of Citizens (NRC) published in Assam in 2019.
A Bench comprising Justice PS Narasimha and Justice Alok Aradhe passed the direction while hearing petitions instituted by the Jamiat Ulema-i-Hind, the All Assam Minority Students’ Union (AAMSU) and the Assam Sankhyalaghu Sangram Parishad.
Senior Advocate Kapil Sibal, appearing for the Jamiat, informed the Court that although notices had earlier been issued, replies from the Union and State authorities were still awaited. He also sought permission to file a rejoinder to the response submitted by the Registrar General of India.
The proceedings concern the implementation of the statutory consequences flowing from publication of the final NRC. The petitioners have alleged that despite the NRC being published in August 2019, the authorities have not completed the consequential steps contemplated under the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.
According to the petitioners, National Identity Cards are required to be issued to approximately 3.11 crore persons whose names were included in the final NRC, in accordance with Rule 13 of the 2003 Rules.
The pleas also challenge the alleged failure to issue rejection slips to persons excluded from the NRC and to facilitate the statutory appellate mechanism contemplated under Paragraph 8 of the Schedule to Rule 4A of the Rules.
Around 19 lakh persons were left out of the final NRC published in 2019. The petitioners contend that failure to undertake the consequential statutory measures has left the NRC exercise incomplete and has caused uncertainty regarding the legal status of persons whose names were included or excluded from the register.
They have further argued that the alleged inaction of the authorities is arbitrary and infringes fundamental rights guaranteed under Articles 14 and 21 of the Constitution.
During Monday’s hearing, an application concerning a separate petition filed by Hitesh Dev Sarma, the former NRC Coordinator, was also mentioned before the Bench.
Senior Advocate Manish Goswami submitted that Sarma’s petition raises prayers substantially different from those advanced in the present proceedings and sought that it be tagged with the connected matters.
Sarma’s plea seeks re-certification or re-verification of the NRC on the ground that the final list allegedly contains several inaccuracies.
Additional Solicitor General Aishwarya Bhati appeared for the Union Government. After hearing the submissions, the Bench directed that Sarma’s petition may be tagged with the connected matters and considered after the Union and Assam Government file their respective replies.
The petitions therefore place before the Supreme Court questions concerning the implementation of the final NRC, the issuance of identity documents to those included in the register and the procedural remedies available to persons whose names were excluded.
The Court will consider the matter further after receiving the responses from the concerned authorities.
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