In Re Section 6a Of The Citizenship Act 1955 vs. Union Of India Ministry Of Home Affairs Secretary
AI Summary
The Supreme Court, expressing strong displeasure, mandated the Chief Secretary of Assam and the Union of India to submit detailed affidavits within 10 days on the progress of the National Register of Citizens (NRC) update, border security measures, and the functioning of 64 Foreigner Tribunals. This order highlights the Court's firm resolve in overseeing critical national and state-level issues concerning citizenship and border management in Assam.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
eCourtsIndia AITM
Brief Facts Summary
The Supreme Court, hearing petitions related to the NRC update in Assam and border management, found the affidavits submitted by the State of Assam to be highly unsatisfactory, vague, and prepared by a junior officer. In response, the Court directed the Chief Secretary of Assam and the Union of India to file comprehensive affidavits within 10 days outlining steps taken since a previous order of December 17, 2014. Additionally, the NRC Coordinator was instructed to report on progress and challenges, and the Gauhati High Court was urged to expedite the appointment of members for 64 new Foreigner Tribunals.
Timeline of Events
Previous order issued by the Court, giving directions to State of Assam and Union of India.
Affidavits filed on behalf of the State of Assam, later deemed highly unsatisfactory by the Supreme Court.
Current hearing date, where the Supreme Court issued fresh directions and expressed displeasure.
Chief Secretary of Assam and Union of India to file meaningful affidavits.
NRC Coordinator to be personally present in Court.
Key Factual Findings
The affidavits filed on behalf of the State of Assam are highly unsatisfactory, vague, and omnibus in content.
Source: Current Court Finding
The unsatisfactory affidavits from the State of Assam were executed by a Junior Officer who may not have had any exposure to the ground realities.
Source: Current Court Finding
A previous order dated 17th December, 2014, had issued directions regarding steps for NRC, border fencing, road construction, night patrolling, flood-lights, and a deportation scheme with Bangladesh.
Source: Recited from Lower Court Judgment
The Government of India has sanctioned 64 Tribunals, and the Gauhati High Court needs to expedite the selection of their Presiding Officers and Members.
Source: Recited from Government Action/Information
Primary Legal Issues
Secondary Legal Issues
Petitioner's Arguments
Implicitly, the petitioners' side sought judicial intervention to ensure that the State of Assam and the Union of India are taking effective and timely steps to update the NRC, secure the border, and address illegal immigration as per previous court directives.
Respondent's Arguments
The State of Assam submitted affidavits that the Court found 'highly unsatisfactory', 'vague and omnibus', and submitted by a 'Junior Officer' lacking ground realities. The Union of India, through its Additional Solicitor General, provided an assurance to file a comprehensive affidavit detailing specific steps taken on border security and deportation.
Court's Reasoning
The Court rejected the State of Assam's affidavits due to their unsatisfactory, vague, and omnibus nature, and their submission by an insufficiently informed junior officer. The Court expressed displeasure at this conduct. To ensure compliance with its previous order dated 17th December, 2014, and to obtain concrete updates, the Court issued specific, time-bound directions to the Chief Secretary of Assam, the NRC Coordinator, and the Union of India to submit detailed affidavits and take further actions. The request to the Gauhati High Court to expedite Tribunal selections aimed at ensuring the functionality of the sanctioned bodies.
- Emphasis on Governmental Accountability
- Strict Adherence to Procedural Compliance
- Active Judicial Oversight
- Demand for Transparency and Specificity in State Actions
Impugned Orders
Specific Directions
- 1.The Chief Secretary of the State of Assam is directed to file a meaningful affidavit incorporating all relevant facts, particularly, the steps taken pursuant to the Court's order dated 17th December, 2014, within 10 days.
- 2.The NRC Coordinator is directed to file an affidavit with regard to the progress in the preparation of NRC, keeping in mind the deadline set by the Court for publication of the final NRC. The Officer shall also indicate any difficulties encountered.
- 3.The NRC Coordinator is directed to be personally present in Court on the next date fixed.
- 4.The Competent Authority of the Union of India is assured to file an affidavit within 10 days indicating steps taken regarding border fencing, construction of border roads, night patrolling, flood-lights, and scheme for deportation in consultation with Bangladesh, in terms of the order dated 17th December, 2014.
- 5.The Gauhati High Court is requested to expedite the process of selection of the Presiding Officers and Members of the 64 Tribunals sanctioned by the Government of India, so they can become functional immediately.
- 6.This order is to be communicated to the Registrar General of the High Court forthwith.
Precedential Assessment
Non-Binding (Procedural)
This is a procedural interim order primarily focused on directing compliance and ensuring accountability, rather than establishing a new legal principle or interpreting substantive law. It reinforces existing judicial oversight powers.
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
3 Jul 2009
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). 562/2012
ASSAM SANMILITA MAHASANGHA & ORS. PETITIONER(S)
(WITH APPLN.(S) FOR STAY AND OFFICE REPORT)
VERSUS
UNION OF INDIA & ORS. RESPONDENT(S) [WITH APPLN.(S) FOR DIRECTIONS AND IMPLEADMENT AND INTERVENTION AND
Date : 31/03/2015 These petitions were called on for hearing today.
Mr. Syed Mehdi Imam, Adv. Mr. Parvez Dabas, Adv.
Mr. Shibashish Misra, Adv.
Mr. Fuzail Ahmad Ayyubi, Adv.
CORAM :
OFFICE REPORT]
(OFFICE REPORT)
W.P.(C) NO. 876/2014
W.P.(C) NO.274/2009
WITH
HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Petitioner(s) WP(C) 562/12 Mr. Manish Goswami, Adv. Mr. Rameshwar Prasad Goyal, Adv.
WP(C) 876/14 & rr in WP(C) 562/12 Mr. Somiran Sharma, Adv. WP(C) 274/09 Mr. Arvind Kumar Sharma, Adv. Ms. Ankita Sharma, Adv.
For Respondent(s) Mr. Milan Laskar, Adv.
Signature Not Verified
Digitally signed by Vinod Lakhina Date: 2015.04.01 15:48:20 IST Reason:
Page No.1 of 5
- Mr. Abdul Qadir, Adv. Mr. Anas Tanwir, Adv. Mr. Abdul Qadir Abbasi, Adv. Mr. Anwesha Shah, Adv. Mr. Syed Ali Ahmad, Adv. Mr. Syed Tanweer Ahmad, Adv. Mr. S.S. Bandyopadhyay, Adv. Mr. Pravin Kumar, Adv.
- Mr. Mohan Pandey, Adv.
Mr. Shakil Ahmed Syed, Adv.
Mr. Shadan Farasat, Adv.
Ms. Krishna Sarma, Adv. Mr. Avijit Roy, Adv. Mr. Navnit Kumar, Adv. Ms. Kankana Arandhara, Adv. For M/s Corporate Law Group Mr. B. Krishna Prasad, Adv. Mr. Prateek Jalan, Adv. Ms. Malvika Trivedi, Adv. Mr. Rahul Kriplani, Adv. Mr. Ankit Yadav, Adv. Mr. T. Mahipal, Adv. Mr. Monisha Handa, Adv. Mr. Mohit D. Ram, Adv. Mr. Neeraj Kumar, Adv. Mr. Soumitra G. Chaudhuri, Adv. Mr. Anip Sachthey, Adv. Mr. G.S. Chatterjee, Adv. Mr. Neeraj Kishan Kaul, ASG Mr. Shiv Mangal Sharma, Adv. Mr. Puneet Parihar, Adv. Mr. Raghavendra M. Bajaj, Adv. Ms. Rashmi Malhotra, Adv. Ms. Sushma Suri, Adv.
Page No.2 of 5 Mr. Shreekant N. Terdal, Adv. Ms. Bharti Tyagi, Adv. Mr. Ravi P. Mehrotra, Adv. Mr. Siddharth Bhatnagar, Adv. Mr. Sidharth Mohan, Adv. Mr. Rahul Arya, Adv. Mr. Nirnimesh Dube, Adv. Mr. K.V. Jagdishvaran, Adv. Ms. G. Indira, Adv.
UPON hearing the counsel the Court made the following O R D E R
The affidavits filed on behalf of the State of Assam are highly unsatisfactory. The affidavits not only are vague and omnibus in content but have been executed by a Junior Officer who may not have had any exposure to the ground realities. We, therefore, refuse to take the said affidavits into consideration and while expressing our displeasure at the conduct of the State of Assam, we direct the Chief Secretary of the State of Assam to file a meaningful affidavit incorporating all relevant facts,
particularly, the steps that have been taken pursuant to the Court's order dated 17th December, 2014. The said affidavit shall be filed within 10 days from today.
Page No.3 of 5 Insofar as the upgradation of the NRC is concerned, we direct the NRC Coordinator to file an affidavit with regard to the progress in the preparation of NRC keeping in mind the deadline set by the Court for publication of the final NRC. The said Officer shall also indicate the difficulties, if any, that he may have encountered in updating the NRC in terms of the orders of this Court.
The NRC Coordinator is directed to be personally present in Court on the next date fixed which will be intimated to him by the Registry.
Insofar the Union of India is concerned, Shri Neeraj Kishan Kaul, learned Additional Solicitor General has assured the Court that an affidavit of the Competent Authority will be filed within 10 days indicating the steps that have been take by the Union with regard to border fencing, construction of border roads, night patrolling, flood-lights, scheme for deportation in consultation with the Bangladesh etc. in terms of the order of the Court dated 17th December, 2014.
Page No.4 of 5 The Gauhati High Court is requested to expedite the process of selection of the Presiding Officers and Members of the 64 Tribunals which have been sanctioned by the Government of India so that the said Tribunals can become functional immediately.
This order be communicated to the Registrar General of the High Court forthwith.
[VINOD LAKHINA] [ASHA SONI] COURT MASTER COURT MASTER
Page No.5 of 5