In Re Section 6a Of The Citizenship Act 1955 vs. Union Of India Ministry Of Home Affairs Secretary
AI Summary
In a crucial development concerning the National Register of Citizens (NRC) in Assam, the Supreme Court has directed all stakeholders, including the Union and State governments, to file objections to the NRC Coordinator's report on the admissibility of certain documents for inclusion. This order emphasizes transparency and due process, setting the stage for a detailed review of the NRC methodology.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
The NRC State Coordinator, Shri Prateek Hajela, submitted two reports to the Supreme Court. One report, dated 4th October 2018, provided detailed reasons against allowing claims for NRC inclusion based on five specific types of documents, as directed by the Court's previous order of 19th September 2018. In response, the Supreme Court directed that all identified stakeholders, including the Union and State of India, be provided with this report to file their objections by 30th October 2018. Additionally, Shri Hajela was instructed to deliver a powerpoint presentation to relevant government officials and a representative of other stakeholders to explain the manual and computer family tree verification mechanism used for the NRC, with the next hearing scheduled for 1st November 2018.
Timeline of Events
Previous order of the Supreme Court passed regarding document admissibility for NRC.
Shri Prateek Hajela, State Coordinator, NRC, Assam, submitted a report detailing reasons against allowing five specific documents for NRC claims.
Current order passed by the Supreme Court, directing stakeholders to file objections and NRC Coordinator to give a powerpoint presentation.
Registry to furnish copies of Shri Hajela's report to all stakeholders.
Deadline for stakeholders to bring their written objections to Shri Hajela's report on record.
Shri Prateek Hajela to give a powerpoint presentation on family tree mechanism to government officials and stakeholder representatives.
Next hearing date for the matter, where further orders will be passed.
Key Factual Findings
Shri Prateek Hajela submitted a report on October 4, 2018, detailing reasons for not allowing five specific documents for NRC claims.
Source: Current Court Finding
The Court had previously kept open the admissibility of five specific documents in its order dated September 19, 2018.
Source: Recited from Previous Court Order
Primary Legal Issues
Secondary Legal Issues
Statutes Applied
Petitioner's Arguments
While not detailed in this procedural order, the petitioner (Assam Public Works) and other stakeholders would likely argue for a comprehensive and equitable process for NRC inclusion, potentially advocating for broader acceptance of documents or challenging the rationale provided by the NRC Coordinator for disallowing specific documents.
Respondent's Arguments
The State Coordinator, NRC (Shri Prateek Hajela), has submitted a report arguing that five specific categories of documents should not be used as a basis for claims in the NRC. The Union of India and the State of Assam are directed to respond to this report, potentially supporting the Coordinator's stance for strict verification or raising their own concerns.
Court's Reasoning
The Supreme Court's decision to allow objections and mandate a powerpoint presentation stems from its commitment to transparency and due process in the NRC update. Given the profound impact of the NRC on individuals' lives, the Court deemed it essential that all stakeholders have an opportunity to understand the methodology (e.g., family tree verification) and present their views or objections before a final decision is made on the controversial document admissibility issue. This ensures that the process is fair, well-informed, and considers diverse perspectives.
- Emphasis on Natural Justice
- Transparency in Administrative Process
- Proactive Judicial Oversight
Specific Directions
- 1.Shri Prateek Hajela, State Coordinator, NRC, Assam, submitted two reports, one in sealed cover and another dated 4th October, 2018.
- 2.The report dated 4th October, 2018 details reasons why Shri Hajela considers it inexpedient to allow claims for inclusion in the NRC based on five specific documents, as per previous order dated 19th September, 2018.
- 3.All stakeholders, including the State of Assam and Union of India, are allowed to file objections to Shri Hajela's report dated 4th October, 2018.
- 4.Registry of this Court to furnish a copy of the report dated 4th October, 2018 to the identified stakeholders within two days.
- 5.Written objections from stakeholders must be brought on record on or before 30th October, 2018.
- 6.The matter will be heard on 1st November, 2018.
- 7.Shri Prateek Hajela is directed to give a powerpoint presentation to officials of Government of Assam and Union of India, and a representative of other stakeholders (represented by Shri Kapil Sibal, Sr. Counsel), explaining the manual and computer family tree process undertaken for the draft NRC.
- 8.Further orders will be passed on 1st November, 2018 after receipt of written objections.
Precedential Assessment
Non-Binding (Procedural)
This is a procedural order, setting out the next steps for hearing the main matter and ensuring stakeholder consultation. It does not lay down any substantive legal principle that would be binding precedent for other cases, but its directions are binding on the parties involved in this specific case.
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Order Issued After Hearing
Purpose:
Fixed Date by Court
Before:
Hon'ble Hon'Ble The Chief Justice Ranjan Gogoi, Hon'ble Rohinton Fali Nariman
Stage:
ORDERS (INCOMPLETE MATTERS / IAs / CRLMPs)
Remarks:
Adjourned [as per r/p]
Listed On:
11 Jan 2018
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
10/2013,86036/2018,86040/2018,103961/2018,105327/2018,105666/2018,121861/2018,125524/2018,125532/2018,125538/2018,
Original Order Copy
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Order Text
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
WRIT PETITION (CIVIL) NO(S). 274/2009
ASSAM PUBLIC WORKS Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(I.A.NO.125532/2018-APPROPRIATE ORDERS/DIRECTIONS IA NO.105327/2018-APPROPRIATE ORDERS/DIRECTIONS IA NO.86040/2018-CLARIFICATION/DIRECTION IA NO.86036/2018-CLARIFICATION/DIRECTION IA NO.125538/2018- EXEMPTION FROM FILING O.T. IA NO. 105666/2018-EXEMPTION FROM FILING O.T. IA NO. 103961/2018-INTERVENTION APPLICATION IA NO. 10/2013-INTERVENTION APPLICATION IA NO. 121861/2018-INTERVENTION APPLICATION IA NO. 125524/2018-INTERVENTION/IMPLEADMENT) WITH W.P.(C) NO. 562/2012 (X) (301.1) IA NO.1/2012-STAY APPLICATION IA NO.24/2017 IA NO.25/2017 IA NO.41036/2017-INTERVENTION/IMPLEADMENT APPLICATION IA NO.92739/2018-INTERVENTION APPLICATION W.P.(C) NO.916/2014 (PIL-W) (301.2) IA 2/2015 FOR [PERMISSION TO FILE ANNEXURES] IA 3/2015 FOR EXEMPTION FROM FILING O.T. AND IA NO.119677/2017-IMPLEADING PARTY) IA NO.1/2014-STAY APPLICATION W.P.(C) NO.876/2014 (X) (301.3) [IA NO.1/2014-STAY APPLICATION] W.P.(C) NO.311/2015 (X)(301.4) (IA 2/2015 IA NO.1/2015-SEEKING LEAVE TO FILE WRITTEN ARGUMENTS)
W.P.(C) NO.449/2015 (X) (301.5) (FOR ON IA 1/2015) Digitally signed by VINOD LAKHINA Date: 2018.10.23 17:54:04 IST Reason: Signature Not Verified
ITEM NO.301 COURT NO.1 SECTION PIL-W/X/XIV
W.P.(C) NO.450/2015 (X) (301.6) (IA 1/2015)
W.P.(C) NO.68/2016 (PIL-W) (301.7) IA NO.1/2017-INTERVENTION APPLICATION
W.P.(C) NO.470/2018 (X) (301.8) (FOR ADMISSION AND I.R. AND IA NO.69948/2018-EXEMPTION FROM FILING O.T.)
DIARY NO.20944/2018 (XIV) (301.9) (FOR ADMISSION AND I.R. AND IA NO.80351/2018-CONDONATION OF DELAY IN FILING AND IA NO.80352/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA NO.80350/2018-PERMISSION TO FILE SLP/TP)
DIARY NO.21214/2018 (XIV) (301.10) (IA NO.84178/2018-CONDONATION OF DELAY IN FILING)
DIARY NO.21368/2018 (XIV) (301.11)
(FOR ADMISSION AND I.R. AND IA NO.82085/2018-CONDONATION OF DELAY IN FILING AND IA NO.82087/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA NO.82088/2018-INTERVENTION/IMPLEADMENT AND IA NO.82084/2018-PERMISSION TO FILE SLP/TP AND IA NO.82086/2018- PERMISSION TO FILE ADDITIONAL DOCUMENTS)
DIARY NO.21377/2018 (XIV) (301.12)
(FOR ADMISSION AND I.R. AND IA NO.92415/2018-CONDONATION OF DELAY IN FILING AND IA NO.92417/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA NO.92411/2018-PERMISSION TO FILE SLP/TP AND IA NO.92419/2018-CONDONATION OF DELAY IN REFILING)
DIARY NO.21959/2018 (XIV) (301.13)
(FOR ADMISSION AND I.R. AND IA NO.82961/2018-CONDONATION OF DELAY IN FILING AND IA NO.82962/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA NO.82959/2018-PERMISSION TO FILE SLP/TP )
W.P.© NO.1047/2018 (X) (301.14) (FOR ADMISSION and IA No.125802/2018-EXEMPTION FROM FILING O.T.)
Date : 23-10-2018 These matters were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Parties : Mr. K.K. Venugopal, Attorney General Mr. Tushar Mehta, SG Mr. R. Balasubramanian, Adv. Mr. Raghavendra Mohan Bajaj, Adv. Mr. Binu Tamta, Adv. Ms. Shraddha Deshmukh, Adv. Ms. Rekha Pandey, Adv. Ms. Rashmi Malhotra, Adv. Mr. Rohit Bhatt, Adv. Mr. Rajat Nair, Adv. Mr. B.V. Balaramdas, AOR Mr. B.K. Prasad, AOR Mr. Kapil Sibal, Sr. Adv. Ms. Indira Jaising, Sr. Adv. Mr. Salman Khurshid, Sr. Adv. Mr. Fuzail Ahmad Ayyubi, AOR Mr. Nizam Pasha, Adv. Mr. Paras Nath Singh, Adv. Ms. Lubna Naaz, Adv. Ms. Tehsina Z.Hussain, Adv. Mr. Ibad Mushtaq, Adv. Mr. Mustafa Khaddam Hussain, Adv. Mr. Fuzail Ahmad Ayyubi, AOR Mr. Tushar Mehta, SG Mr. A.K. Sinha, Sr. Adv. Ms. Kiran Bhandari, Adv. Mr. Raj Bahadur, Adv. Ms. Anil Katiyar, AOR Mr. Tushar Mehta, SG Mr. Romesh Borpatra Gohain, AG, Assam Mr. Devajit Lon Saikia, Sr. AAG, Assam Mr. Shuvodeep Roy, AOR Mr. Somnath Banerjee, Adv. Ms. L.S. Changsan, Principal Secy. Mr. Tushar Mehta, SG Mr. Ajit Kumar Sinha, Sr. Adv. Ms. Kiran Bhardwaj, Adv. Mr. Raj Bahadur, Adv.
Ms. Anil Katiyar, AOR
Ms. Vibha Dutta Makhija, Sr. Adv. Ms. Rashmi Singhania, AOR Mr. B.H. Marlapalle, Sr.Adv. Mr. B.D. Jha, Adv. Mr. Shakeel Ahmed, AOR Ms. Preeti Jha, Adv. Ms. Sadiya Shakeel, Adv. Ms. Priyanka Jha, Adv. Mr. B.H. Marlapalle, Sr.Adv. Mr. Ajit Wagh, Adv. Mr. A.S. Tapadar, Adv. Mr. Mansoor Ali, AOR Mr. Sanjay R. Hegde, Sr. Adv. Mr. Anas Tanwir, Adv. Mr. S. A. Tapadar, Adv. Ms. Maryam N. Alavi, Adv. Mr. Pranjal Kishore, Adv. Mr. Mansoor Ali, AOR. Mr. V.Giri, Sr. Adv. Mr. Shakil Ahmad Syed, AOR Mr. Mohd. Parvez Dabas, Adv. Mr. Uzmi Jameel Husain, Adv. Mr. Manav Vohra, Adv. Mr. A.S. Tapadar, Adv. Mr. Manish Goswami, Adv. Mr. Rameshwar Prasad Goyal, AOR Mr. Manan Kumar, Mishra, Sr. Adv. Mr. Anjani Kumar Mishra, AOR Ms. Hardeep Kaur, Adv. Ms. Anjul Dwivedi, Adv. Mr. Shakil Ahmad Syed, AOR Mr. Mohd. Parvez Dabas, Adv. Mr. Uzmi Jameel Husain, Adv. Mr. Milan Laskar, Adv. Mr. Pulkit C., Adv.
Mr. Umesh Babu Chaurasia, Adv. Mr. Arun Adlakha, Adv. Ms. Manjula Chaurasia, Adv. Mr. D.K. Sinha, AOR Ms. Aruna Mathur, Adv. Ms. Anuradha Arputham, Adv. Mr. Avneesh Arputham, Adv. For M/s. Arputham Aruna & Co., AOR Mr. Mansoor Ali, AOR Mr. Helal Uddin Choudhury, Adv. Ms. Anitha Shenoy, Adv. Ms. Rashmi Nandakumar, Adv. Ms. Srishti Agnihotri, Adv. Mr. Sarad Kumar Singhania, Adv. Mr. Milind Kumar, AOR Mr. Shuvodeep Roy, AOR Mr. Rituraj Biswas, Adv. Ms. G. Indira, AOR Mr. K.V. Jagdishvaran, Adv. Ms. Arna Das, Adv. Mr. Gaurav Dhingra, AOR Mr. Mehmood Pracha, Adv. Mr. R.H.A. Sikander, Adv. Mr. Prateek Gupta, Adv. Mr. A. Chaliha, Adv. Mr. Shadan Farasat, AOR Mr. Ranjan Mukherjee, AOR Mr. S.C. Ghosh, Adv. Ms. Rachana Srivastava, AOR Mr. Aviral Saxena, Adv. Mr. Leishangthem Roshmani Kh., AOR Ms. Maibam Babina, Adv. Ms. Anupama Ngangom, Adv.
| Mr. Krishan Kumar Pandey, Adv.<br>Mr. Hitesh Kumar Sharma, Adv.<br>Mr. Mankeshwar Mishra, Adv.<br>Mr. Mohan Pandey, AOR. | |
|---|---|
| Mr. Syed Ali Ahmad, Adv.<br>Mr. Syed Tanweer Ahmad, Adv.<br>Mr. S.S. Bandyopadhyay, Adv.<br>Mr. Nasrul Haque Manzarbhuiyan, Adv.<br>Mr. Mohan Pandey, AOR | |
| Mr. Debojit Borkakati, AOR<br>Mr. Vivek Sonkar, Adv. | |
| Mr. Santi Ranjan Das, Adv.<br>Mr. Anindo Mukherjee, Adv.<br>Mrs. Sarla Chandra, AOR | |
| Mr. Prashant Bhushan, Adv.<br>Mr./Ms. Cheryl D' Souza, Adv.<br>Mr. Syed Burhanur Rahman, Adv.<br>Mr. Somesh Chandra Jha, AOR. | |
| Mrs. D. Bharathi Reddy, AOR<br>Ms. Gitanjali N. Sharma, Adv.<br>Ms. Rachna Gandhi, Adv. | |
| Mr. Mansoor Ali, AOR<br>Mr. Chandan Kumar Mandal, Adv.<br>Ms. Rubina Jawed, Adv.<br>Mr. Saurabh Srivastava, Adv. | |
| Mr. Mansoor Ali, AOR<br>Ms. Rubina Jawed, Adv. | |
| Guahati HC | Ms. Sneha Kalita, AOR |
| Ms. Malvika Trivedi, Adv.<br>Mr. Rahul Kripalani, Adv.<br>Mr. Ankit Yadav, Adv.<br>Mr. Anurag Misra, Adv.<br>Mr. T. Mahipal, AOR |
Mr. Sunil Murarka, Adv. Mr. Partha Sil, AOR Mr. Tavish B. Prasad, Adv. Mr. Anil Kumar Pandey, Adv. Mr. Sunny Chaudhary, AOR Mr. Atmaram N.S. Nadkarni, ASG Mr. Merusagar Samantray, AOR Mr. Salvedor Santosh Rebello, Adv. Mr. Leelesh Krishna, Adv. Mr. Snehaprabhu Tendulkar, Adv. Mr. Amagh P., Adv. Mr. Pradeep Misra, AOR Mr. Aditya Kr. Dubey, Adv. Mr. Pradeep Misra, AOR Mr. Aditya K. Dubey, Adv. Mr. Suraj Singh Adv. Mr. A.P. Mayee, AOR Mr. Chirag Jain, Adv. Mr. Narender Hooda, Sr. Adv. Mr. Sanand Ramakrishnan, AOR. Mr. Rajeev Mishra, Adv. Mr. Sanjay Kumar Chhetry, Adv. Mr. Madan M. Bora, Adv. Mr. Suhaan Mukerji, Adv. Ms. Astha Sharma, Adv. Mr. Amit Verma, Adv. Mr. Abhishek Manchanda, Adv. Ms. Dimple Nagpal, Adv. M/S. PLR Chambers And Co., AOR. Mr. Arun Adlakha, Adv. Ms. Sarla Chandra, AOR
Ms. Ranjeeta Rohatgi, AOR
Ms. Diksha Rai, AOR. (Standing counsel for the State of Assam) Ms. Palak Mahajan, Adv. Mr. M. Shoeb Alam, AOR Mr. A.N.S. Nadkarni, ASG Mr. Pratap Venugopal, Adv. Mr. Anuj Sarma, Adv. Mr. Salvador S. Rebello, Adv. Ms. Niharika, Adv. Ms. R. Raj, Adv. M/s. K.J. John & Co. Mr. Somiran Sharma, AOR Ms. Nidhi Banga, Adv. Mr. Govil Upadhyaya, Adv. Mr. Kailash Prasad Pandey, AOR Mr. S.Udaya Kumar Sagar, AOR Mr. Mrityunjai Singh, Adv. Mr. M.Yogesh Kanna, AOR Mr. Barhm Dev Jha, AOR Mr. Suhaan Mukerji, Adv. Ms. Astha Sharma, Adv. Mr. Amit Verma, Adv. Mr. Abhishek Manchanda, Adv. Ms. Kajal Dalal, Adv. Ms. Dimple Nagpal, Adv. M/S. PLR Chambers And Co., AOR. Ms. Madhumita Bhattacharjee, AOR Mr. Abhijit Sengupta, AOR Mr. Avijit Roy, AOR Mr. Mohit D. Ram, AOR Mr. Guntur Prabhakar, AOR
Mr. Snehasish Mukherjee, AOR Mr. Shibashish Misra, AOR Mr. Ompal Singh, Adv. Mr. R.K. Yadav, Adv. Mr. Chandan Kumar Mandal, Adv. Mr. Praveen Swarup, AOR Mr. S.S. Shamshery, AAG, Rajasthan Mr. Amit Sharma, Adv. Mr. Sandeep Singh, Adv. Mr. Ankit Raj, Adv. Ms. Ruchi Kohli, AOR Mr. Milind Kumar, AOR Ms. Indira Bhakar, Adv. Mr. Parijat Sinha, AOR Ms. Rachana Srivastava, AOR Mr. Aviral Saxena, Adv. Ms. Hemantika Wahi, AOR Ms. K. Enatoli Sema, AOR Mr. Amit Kumar Singh, Adv. Mr. B. Balaji, AOR Mr. Kuldip Singh, AOR Ms. Liz Mathew, AOR Mr. Tapesh Kumar Singh, AOR Mr. Aditya Pratap Singh, Adv. Mr. C. K. Sasi, AOR Ms. Abha R. Sharma, AOR Mr. D.S. Parmar, Adv. Mr. Abhishek, AOR
Mr. Jugal Kishore Gilda, AG Mr. Pragyan Sharma, Adv. Mr. P. V. Yogeswaran, AOR Mr. Babul Kumar, Adv. Mr. Anuvrat Sharma, AOR Mr. Ashok Kumar Singh, AOR Mr. Abhinav Mukerji, AOR Mr. Chanchal Kumar Ganguli, AOR Mr. V. N. Raghupathy, AOR Mr. Gopal Singh, AOR Ms. Sushma Suri, AOR Mr. V. K. Sidharthan, AOR
M/S. Corporate Law Group, AOR
UPON hearing the counsel the Court made the following O R D E R
Pursuant to the order of this Court dated 19th September, 2018 Shri Prateek Hajela, learned State Coordinator, NRC, Assam has submitted two reports; one in sealed cover which will not call for any orders for the moment save and except, that the court has noted the contents thereof. The second report dated 4th October, 2018 contains, in detail, the reasons as to why Shri Hajela considers it inexpedient to allow claims for inclusion in the NRC to be filed on the basis of the five (05) documents description of which have been given in the previous order
of this Court dated 19th September, 2018 and the admissibility, etc. of which have been kept open by the aforesaid order dated 19th September, 2018.
At this stage, we are of the view that all the stake holders including the State of Assam and the Union of India should be allowed to file their objections to the stand taken by Shri Hajela in his aforesaid report dated 4th October, 2018, a copy whereof would be furnished by the Registry of this Court to the following stake-holders in the next two days:
- 1. State of Assam
- 2. Union of India
- 3. All Assam Students Union
- 4. All Assam Minorities Students' Union
- 5. Jamait Ulama -i-Hind
- 6. Assam Public Works
- 7. Assam Sanmilita Mahasangha
- 8. National Democratic Front of Bodoland (Progressive)
- 9. Indigenous Tribal Peoples Federation
- 10. Joint Action Committee for Bangali Refugees
The written objections of the aforesaid stakeholders will be brought on record on or before 30th October, 2018. The matter will be heard on 1st November, 2018.
To enable all the stake-holders to respond to the stand taken by Shri Hajela in his report dated 4th October, 2018, which would require a deep insight into the mechanism of the manual family tree as well as the computer family tree which is the basic exercise that was undertaken before preparation of the final draft NRC, we direct Shri Prateek Hajela, learned Coordinator, NRC, Assam to give a powerpoint presentation of the manner in which he had proceeded in preparation of the manual and the computer family tree for the purposes of deciding on the inclusion of names in the draft NRC. The power-point presentation will be given by Shri Hajela to the officials of the Government of Assam and the Union of India in the presence of Shri Tushar Mehta, learned Solicitor General or his authorized representative(s) as may be and also in the presence of one representative of all the other stake-holders who agree to be represented by Shri Kapil Sibal, learned Senior Counsel of this Court.
Once such written objections are received on or before the date fixed i.e. 30th October, 2018, further orders in the matter will be passed on 1st November, 2018.
Office to list the case accordingly.
[VINOD LAKHINA] [ASHA SONI] AR-cum-PS ASSISTANT REGISTRAR