In Re Section 6a Of The Citizenship Act 1955 vs. Union Of India Ministry Of Home Affairs Secretary
AI Summary
In a significant Writ Petition concerning the Citizenship Act, the Supreme Court's Registrar Court issued procedural directions on March 4, 2013. The order granted time to several respondents to file counter affidavits and directed the petitioner's counsel to supply complete paper books, setting the stage for further substantive hearings on the critical issues at stake for the citizens of Assam.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
This order from the Supreme Court's Registrar Court pertains to a Writ Petition (Civil) filed by Assam Sanmilita Mahasangha & Ors. against the Union of India & Ors. On the hearing date of March 4, 2013, the Court granted four weeks' time to respondent Nos. 1, 4, and 5 to file their counter affidavits. Counsel for respondent No.6 undertook to file both vakalatnama and counter affidavit by the next scheduled date. The petitioner's counsel was directed to provide a complete set of paper books. Respondent Nos. 2 and 3 were reported as served but did not appear, nor were any steps taken on their behalf. The case was listed again for April 10, 2013.
Timeline of Events
Writ Petition (Civil) No. 562 filed by Assam Sanmilita Mahasangha & Ors. against Union of India & Ors.
Case heard before the Registrar Court. Directions issued for filing counter affidavits by respondents and supplying paper books by petitioners.
Next hearing date scheduled.
Key Factual Findings
Respondent Nos. 1, 4, and 5 require four weeks' time to file their counter affidavits.
Source: Current Court Finding
Counsel for respondent No.6 has undertaken to file vakalatnama and counter affidavit by the next date.
Source: Current Court Finding
Respondent Nos. 2 and 3 have been duly served but have neither appeared nor taken any steps.
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Statutes Applied
Petitioner's Arguments
The petitioner's arguments are not detailed in this procedural order, beyond initiating a writ petition challenging or seeking interpretation of Section 6A of the Citizenship Act, and being directed to supply complete paper books.
Respondent's Arguments
The respondent side sought or was granted time to file counter affidavits, with one counsel undertaking to file both vakalatnama and counter affidavit, indicating their intention to present their detailed defense and position.
Court's Reasoning
The Registrar Court's decision to grant time for filing counter affidavits and direct the supply of paper books is based on standard judicial procedure to ensure that all parties have an opportunity to place their complete case, including factual assertions and legal arguments, before the court, thereby facilitating a fair and thorough adjudication of the matter.
- Emphasis on Natural Justice
- Strict Adherence to Procedure
Specific Directions
- 1.Four weeks' time is granted to respondent Nos. 1, 4 and 5 for filing counter affidavit.
- 2.Ld. Counsel Ms Malvika Trivedi, appearing on behalf of Mr T Mahipal, Advocate-on-record, has undertaken to file vakalatnama as well as counter affidavit by the next date on behalf of respondent No.6.
- 3.Ld. Counsel for the petitioner is to supply complete set of paper books.
- 4.List again on 10.4.2013.
Precedential Assessment
Non-Binding (Procedural)
This is a routine procedural order issued by a Registrar, not a substantive judgment on a point of law, and therefore holds no precedential value on legal principles.
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
3 Jul 2009
Original Order Copy
Get a certified copy of this order
Order Text
¦ ITEM NO.17 REGISTRAR COURT.1 SECTION X 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 OF 2012 BEFORE THE REGISTRAR M.A. SAYEED ASSAM SANMILITA MAHASANGHA & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (With appln(s) for stay,PERMISSION TO FILE LENGTHY LIST OF DATES and office report ) Date: 04/03/2013 This Petition was called on for hearing today. For Petitioner(s) Mr Manish Goswami, Adv. M/S Map & Co.,Adv. For Respondent(s) Mr Avijit Roy, Adv. M/S Corporate Law Group,Adv. Mr Keshav Kr Choudhary, Adv. Mr. B. Krishna Prasad ,Adv Mr Vasav Anantharaman, Adv. Ms. Meenakshi Arora ,Adv UPON hearing counsel the Court made the following O R D E R Four weeks' time is granted to respondent Nos. 1,4 and 5 for filing counter affidavit. On behalf of respondent No.6, the ld. Counsel, Ms Malvika Trivedi appearing on behalf of Mr T Mahipal, Advocate-on-record has undertaken to file vakalatnama as well as counter affidavit by next date. The ld. Counsel for the petitioner to supply complete set of paper books.
Respondent Nos. 2 and 3 are reported to be duly served but none appeared nor any steps taken on their behalf. List again on 10.4.2013.
| | |(M.A.SAYEED) | | | |REGISTRAR |
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