In Re Section 6a Of The Citizenship Act 1955 vs. Union Of India Ministry Of Home Affairs Secretary
AI Summary
This Supreme Court Office Report outlines crucial procedural steps in the ongoing complex litigation concerning the Citizenship Act, 1955, and the National Register of Citizens (NRC) in Assam. It details directives for parties to file submissions, prepare legal compilations, and monitors the progress of critical border fencing work, setting the stage for significant future hearings impacting millions.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
This is an office report summarizing the procedural status of several connected Writ Petitions, primarily concerning Section 6A of the Citizenship Act, 1955, and the National Register of Citizens (NRC) in Assam. It records compliance by various parties in filing written submissions and affidavits, the de-tagging of one connected case (W.P. (C) No. 243 of 2012), and the Court's directions for the preparation of a common compilation of legal materials, the extension of a contract with Wipro for border-related work, and setting future hearing dates for further directions and consideration of progress reports on border fencing.
Timeline of Events
Writ Petitions listed; Court orders all parties to file written submissions by May 1, 2017, and circulate them. Mr. Ejaz Maqbool to prepare a common compilation of judgments and statutes. Matters listed on May 8, 2017, for further directions. W.P. (C) No. 243 of 2012 de-tagged.
Instant Writ Petitions listed; Court directs Project Coordinator to extend Wipro's contract for job executed earlier. Matters to be listed on July 13, 2017, for consideration of the border fencing monitoring report due on July 8, 2017.
Mr. Arvind Kumar Sharma, Advocate for Assam Public Works, files Written Submission in W.P. (C) 274 of 2009.
Mr. Fuzail Ahmad Ayyubi, Advocate, files Application for Impleadment (I.A. No. 24 of 2017) for Assam State Jamiat Ulma EHind. Mr. Ejaz Maqbool, Advocate, files Application for Impleadment (I.A. No. 25 of 2017) for Jamiat UlmaiHind.
Mr. Fuzail Ahmad Ayyubi files Written Submission for All Assam Minorities Students Union. Mr. Mohan Pandey files Written Submission for Intervenor Assamav Pragjyotishpuria Khilangias Musalman Unnayan Parishad (APKMUP). Mr. Shakil Ahmad Syed files Written Submission for All Assam Markazi Jamiat Ulama (copy not served on petitioners' counsel). Mr. Snehasish Mukherjee files Written Submission for Assam Gana Parishad (AGP) (copy not served on petitioners' counsel). Counsel for petitioner in W.P. (C) 68 of 2016 files Written Submission.
Mr. B.K. Prasad, Advocate, files Counter Affidavit for Ministry of Home Affairs (Respondent No. 3) in W.P. (C) No. 916 of 2014.
Office Report dated.
Matters listed before the Hon'ble Court for further directions.
Matters to be listed before the Hon'ble Court for consideration of the border fencing report.
Key Factual Findings
All parties have agreed to file written submissions by May 1, 2017, and circulate them.
Source: Current Court Finding
Mr. Ejaz Maqbool has been tasked with preparing a common compilation of judgments and statutes.
Source: Current Court Finding
Writ Petition (C) No. 243 of 2012 has been de-tagged from the connected matters.
Source: Current Court Finding
The Project Coordinator is directed to extend the contract with Wipro, with necessary approval.
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Statutes Applied
Petitioner's Arguments
The office report notes the filing of written submissions by various petitioner-side entities, including Assam Public Works, All Assam Minorities Students Union, and intervenors like Assamav Pragjyotishpuria Khilangias Musalman Unnayan Parishad. These submissions likely detail arguments regarding the correct interpretation and application of Section 6A of the Citizenship Act, alleged irregularities in the NRC process, and the protection of rights for specific communities.
Respondent's Arguments
The Ministry of Home Affairs, on behalf of the Union of India, filed a counter affidavit in W.P. (C) No. 916 of 2014, and other respondents like Assam Gana Parishad filed written submissions. Their arguments are generally aimed at defending the constitutional validity of Section 6A, the integrity and legality of the NRC update process, and the government's efforts in managing citizenship and border security in Assam.
Court's Reasoning
This 'Office Report' does not contain substantive judicial reasoning for a decision on the merits. It primarily reflects the Court's administrative and procedural oversight, ensuring compliance with previous orders (filing of submissions, compilation of legal materials) and setting future dates for monitoring ongoing processes like border fencing and committee reports, indicating an active role in case management.
- Emphasis on Procedural Compliance
- Active Case Management (Monitoring)
- Judicial Oversight of Executive Functions
Specific Directions
- 1.All parties will file their written submissions on or before 1st May, 2017 and circulate them amongst each other.
- 2.A common compilation of relevant judgments and statutes will be prepared by Mr. Ejaz Maqbool, learned counsel, for the convenience of all counsel and the Court.
- 3.Matters to be listed on 8th May, 2017 at 2.00 p.m. for further directions.
- 4.W.P. (C) No. 243 of 2012 to be de-tagged and listed before the regular Bench.
- 5.The Project Coordinator is directed to extend the contract with Wipro, with necessary approval from the Coordination Committee.
- 6.Matters to be listed on 13th July, 2017 at 2.00 p.m. for consideration of the report of the Committee monitoring border fencing work.
Precedential Assessment
Non-Binding (Procedural)
This document is an 'Office Report' outlining procedural steps and compliance, not a substantive judgment that establishes legal principles or precedents.
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Legal Tags
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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
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 916 OF 2014 (Under Article 32 of the Constitution of India) WITH INTERLOCUTORY APPLICATION NO. 1 (Application for Stay) AND INTERLOCUTORY APPLICATION NO. 2 (Application for deletion of Respondent Nos. 1 & 2) WITH WRIT PETITION (CIVIL) NO. 274 OF 2009 (Under Article 32 of the Constitution of India) WITH INTERLOCUTORY APPLICATION NO. 21 (Application for directions) AND INTERLOCUTORY APPLICATION NO. 22 (Application for clarification) AND INTERLOCUTORY APPLICATION NO. 23 (Application for permission for participation) AND INTERLOCUTORY APPLICATION NOS. 24 & 25 (Applications for impleadment) WITH WRIT PETITION (CIVIL) NO. 68 OF 2016 (Under Article 32 of the Constitution of India) WITH INTERLOCUTORY APPLICATION NO. 1 (Application for intervention)
Joint Action Committee for Bengali Refugees & Anr., etc. ... Petitioners
Versus
Union of India & Ors., etc. ... Respondents
OFFICE REPORT
The Writ Petitions abovementioned were listed before the Hon'ble Court alongwith connected matters except I.A. Nos. 24 & 25 in WP (C) 274 of 2009 on 19.04.2017, when the Court was pleased to pass, inter alia, the following order:
"xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx It is agreed that all the parties will file their written
submissions on or before 1st May, 2017 and circulate the written submissions amongst each other. It is also agreed that a common compilation of relevant judgments and statutes will be prepared and the list given or e-mailed to Mr. Ejaz Maqbool, learned counsel who will prepare a list of all the judgments and a compilation for the convenience of all learned counsel as well as for the convenience of the Court.
xxxx xxxx xxxx xxxx
xxxx xxxx xxxx xxxx
List the matters on 8th May, 2017 at 2.00 p.m. for further directions.
W.P. (C) No. 243 of 2012
Learned counsel for the parties say that this case is not connected with the matters that are pending before the Constitution Bench and it may be detagged. The Registry will detag this case and list it before the regular Bench."
It is submitted that pursuant to above Order, Writ Petition (C) No. 243 of 2012 has been de-tagged from the connected matters.
Thereafter, the instant Writ Petitions were listed before the Hon'ble Court on 20.04.2017, when the Court was pleased to pass, inter alia, the following order:
"xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx
We direct the Project Coordinator to extend the said contract with Wipro which has executed the job earlier. Necessary approval of the Coordination Committee be accorded forthwith.
List the matters again for consideration of the report of the Committee entrusted with the task of monitoring the work of border fencing which report is due on 8th July, 2017.
Registry is directed to list the matters on 13th July, 2017 at 2.00 p.m."
W.P. (C) No. 916 of 2014
It is submitted that Mr. B.K. Prasad, Advocate has on 03.05.2017 filed Counter Affidavit alongwith Memo of appearance on behalf of Ministry of Home Affairs (Respondent No. 3) and the same is placed in a separate volume with the Paper Books.
W.P. (C) 274 of 2009
It is submitted that Mr. Arvind Kumar Sharma, Advocate for the petitioner has on 27.04.2017 filed Written Submission on behalf of Assam Public Works and the same is placed in a separate volume with the Paper Books.
It is further submitted that Mr. Fuzail Ahmad Ayyubi, Advocate has on 28.04.2017 filed Application for impleadment on behalf of Assam State Jamiat Ulma EHind alongwith Vakalatnama/appearance. The application has been registered as Interlocutory Application No. 24 of 2017 and the same is placed in a separate volume with the Paper Books.
It is further submitted that Mr. Fuzail Ahmad Ayyubi, Advocate has on 01.05.2017 filed Written Submission on behalf of All Assam Minorities Students Union and the same is placed in a separate volume with the Paper Books.
It is further submitted that Mr. Ejaz Maqbool, Advocate has on 28.04.2017 filed Application for impleadment on behalf of Jamiat UlmaiHind alongwith Vakalatnama/appearance. The application has been registered as Interlocutory Application No. 25 of 2017 and the same is placed in a separate volume with the Paper Books.
It is next submitted that pursuant to Court's Order dated 19.04.2017, Mr. Mohan Pandey, Advocate has on 01.05.2017 filed Written Submission on behalf of Intevenor, i.e. Assamav Pragjyotishpuria Khilangias Musalman Unnayan Parishad (APKMUP) and the same is placed in a separate volume with the Paper Books.
It is again submitted that Mr. Shakil Ahmad Syed, Advocate hason 01.05.2017 filed Written Submission on behalf of All Assam Markazi Jamiat Ulama (in I.A. No. 9), but copy of the same has not been served upon counsel for the petitioners. The same is placed in a separate volume with the Paper Books.
It is further submitted that Mr. Snehasish Mukherjee, Advocate has on 01.05.2017 filed Written Submission on behalf of Assam Gana Parishad (AGP), but copy of the same has not been served upon counsel for the petitioners. The same is placed in a separate volume with the Paper Books.
W.P. (C) 68 of 2016
It is submitted that pursuant to Court's Order dated 19.04.2017, counsel for the petitioner has on 01.05.2017 filed Written Submission and the same stands included in the Paper Books.
The Writ Petitions alongwith Applications abovementioned are listed before the Hon'ble Court with this Office Report for Orders.
Dated this the 6t h day of May, 2017.