In Re Section 6a Of The Citizenship Act 1955 vs. Union Of India Ministry Of Home Affairs Secretary
AI Summary
In a crucial Public Interest Litigation (PIL) concerning Assam's border management, the Supreme Court has appointed a retired IAS officer, Shri A.K. Mangotra, as the Chairperson of a committee to supervise border fencing. This order emphasizes judicial oversight in ensuring national security and directs the committee to submit a progress report within two months, reflecting the Court's proactive approach to implementing vital directives.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
In a series of connected Writ Petitions, primarily W.P.(C) No. 274/2009 (Assam Public Works v. Union of India), the Supreme Court is supervising the progress of border fencing. Following its orders from 31.07.2017 and 12.09.2017, the Solicitor General, Shri Ranjit Kumar, presented a communication from the Ministry of Home Affairs on 14.09.2017. This communication suggested Shri A.K. Mangotra, IAS (Retd.), as the Chairperson for the Border Fencing Committee. The Court accepted this suggestion, appointed Shri Mangotra, and directed that a notification be issued and the committee's report be filed within two months after a site visit and supervision.
Timeline of Events
Supreme Court passed a previous order constituting a committee for border fencing.
Supreme Court passed a further order in the matters.
Shri Ranjit Kumar, Solicitor General, placed on record a communication from the Ministry of Home Affairs suggesting Shri A.K. Mangotra as Chairperson.
Supreme Court accepted the suggestion and appointed Shri A.K. Mangotra as the Chairperson.
Court directed that a necessary notification be issued forthwith and the Committee file its report within two months.
Expected date for next listing of matters (eight weeks from order date).
Key Factual Findings
Shri A.K. Mangotra, IAS (Retd.), Former Secretary (Border Management) was suggested by the Ministry of Home Affairs to be appointed as the Chairperson of the Committee to supervise the work of Border fencing.
Source: Recited from Solicitor General's Pleading
A Committee to supervise border fencing was constituted by the Court's previous order dated 31.07.2017.
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Statutes Applied
Petitioner's Arguments
While not detailed in this procedural order, the petitioner (Assam Public Works) likely advocates for robust and timely implementation of border fencing to address concerns related to illegal immigration and national security in Assam, urging the court for continued vigilance and effective oversight.
Respondent's Arguments
The respondent (Union of India), through the Solicitor General, demonstrated compliance with previous court directives by presenting a communication from the Ministry of Home Affairs suggesting a suitable candidate for the committee's chairperson, indicating a willingness to facilitate the court's supervisory role.
Court's Reasoning
The Court's decision to appoint Shri A.K. Mangotra as Chairperson stems from its ongoing commitment to ensure the effective and timely supervision of border fencing work in Assam, a key component of the broader Public Interest Litigation. By accepting the executive's suggestion, the Court seeks an experienced and qualified individual to lead the committee, thus reinforcing its active role in monitoring implementation and ensuring accountability for its previous orders.
- Active Judicial Oversight
- Emphasis on Timely Implementation
- Focus on Executive Accountability
Specific Directions
- 1.Shri A.K. Mangotra, IAS (Retd.), Former Secretary (Border Management), is appointed as the Chairperson of the Committee to supervise the work of Border fencing.
- 2.Necessary notification in this regard shall be issued forthwith.
- 3.The Committee shall file its report within two months from today after a visit to the site and after due supervision of the work carried out till date and the balance work to be completed.
- 4.The matters are to be listed after eight weeks after the report of the Committee is filed.
Precedential Assessment
Non-Binding (Procedural)
This order is procedural, focused on administrative implementation and oversight of a pre-existing directive, rather than establishing a new legal principle or interpreting a point of law.
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Legal Tags
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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:
Other [as per record of proceeding]
Listed On:
11 Sept 2017
In:
Judge
Category:
UNKNOWN
Original Order Copy
Get a certified copy of this order
Order Text
COURT NO.3
SECTION PIL- $W$
SUPREME COURT OF INDIA RECORD OF PROCEEDINGS
Writ Petition(s) (Civil) No(s). 274/2009
ASSAM PUBLIC WORKS
TTEM NO. $302$
Petitioner(s)
$Respondent(s)$
VERSUS
UNION OF INDIA & ORS.
WITH
W.P. (C) NO. $562/2012$ (X)
W.P. (C) NO. $916/2014$ (PIL-W) (IA NO.1/2014- Application for stay, I.A. No.2/2015- Permission to file Annexures and IA No.3- for exemption from filing O.T.)
W.P. (C) NO. $876/2014$ (X) (IA NO.1/2014- Application for stay)
W.P. (C) NO. $311/2015$ (X) (IA No.1/2015 - For Seeking Leave To File Written Arguments On ON IA $2/2015$ )
W.P. (C) NO. $449/2015$ (X) (With IA $No.1/2015$ )
W.P. (C) NO. $450/2015$ (X) (With IA $No.1/2015$ )
W.P. (C) NO. $68/2016$ (PIL-W) (IA 1/2017- for intervention)
DIARY NO. 13544/2017 (IA No.43274/2017- for condonation of delay in filing, IA No.43277/2017- Exemption from filing O.T. and IA 43276/2017- Permission to file Addl. Document)
Date : 14-09-2017 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI Signature Not Verified HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN Por parties:
Mr. Somiran Sharma, AOR Mr. Arvind Kumar Sharma, AOR
Mr. Partha Sil, AOR | |
---|---|
Ms. Sarla Chandra, AOR | |
Mr. Rameshwar Prasad Goyal, AOR | |
Mr. Salman Khurshid, Sr. Adv.<br>Mr. Imtiaz Ahmed, Adv.<br>Ms. Naghma Imtiaz, Adv.<br>Mr. Ahmed Zargham, Adv.<br>Ms. Amra Moosavi, Adv.<br>For M/s. Equity Lex Associates, AOR | |
Mr. B. Krishna Prasad, AOR | |
Mr. Shibashish Misra, AOR | |
Mr. Abhijit Sengupta, AOR | |
Mr. Snehasish Mukherjee, AOR | |
State of Assam | Mr. Shuvodeep Roy, AOR<br>Mr. Rohit K. Mahanta, Adv. |
Mr. Shreekant N. Terdal, AOR | |
Mr. Guntur Prabhakar, AOR | |
Mr. Syed Ali Ahmad, Adv.<br>Mr. Syed Tanweer Ahmad, Adv.<br>Mr. S.S. Bandyopadhyay, Adv.<br>Mr. Mohan Pandey, AOR. | |
Mr. Mohit D. Ram, AOR | |
Mr. Mansoor Ali, AOR | |
Mr. Shadan Farasat, AOR. | |
Mr. Fuzail Ahmad Ayyubi, AOR | |
All Assam Student's<br>Union | Mr. Prateek Jalan, Adv.<br>Ms. Malvika Trivedi, Adv.<br>Mr. Rahul Kriplani, Adv.<br>Mr. Ankit Yadav, Adv.<br>Mr. T. Mahipal, AOR |
Ms. Sneha Kalita, AOR | |
Mr. S.S. Shamshery, AAG, Rajasthan |
2
Mr. Amit Sharma, Adv. Ms. Ruchi Kohli, AOR Ms. Prachi Mishra, Adv. Mr. C. D. Singh, AOR Ms. Chaitanya, Adv. Ms. Pragya Garg, Adv. Mr. Parijat Sinha, AOR State of Uttarakhand Ms. Rachana Srivastava, AOR UT OF A & N. ADMN. Mr. K.V. Jagdishvaran, Adv. Ms. G. Indira, AOR State of Gujarat Mrs. Hemantika Wahi, AOR Ms. Jesal Wahi, Adv. Ms. Shodika Sharma, Adv. Ms. Mamta Singh, Adv. Mr. B. Balaji, AOR State of Rajasthan Mr. Milind Kumar, AOR Mr. Kuldip Singh, AOR Mr. Nirnimesh Dube, AOR Mr. Liz Mathew, AOR State of Meghalaya Mr. Ranjan Mukherjee, AOR State of Jharkhand Mr. Tapesh Kumar Singh, Adv. Mohd. Waquas, Adv. Mr. Aditya Pratap Singh, Adv. State of U.P. Mr. Ashutosh Kumar Sharma, Adv. Mr. Ravi Prakash Mehrotra, AOR State of Sikkim Ms. Aruna Mathur, Adv. Ms. Anuradha Arputham, Adv. For M/s Arputham Aruna And Co, AOR. Mr. C. K. Sasi, AOR Ms. Abha R. Sharma, AOR State of Punjab Ms. Ranjeeta Rohatgi, AOR Ms. Samten Doma, Adv. Mr. P. V. Yogeswaran, AOR
3
State of U.P. | Mr. D.K. Singh, AAG<br>Ms. Alka Sinha, Adv.<br>Mr. Saurabh Agrawal, Adv.<br>Ms. Komal Mundhra, Adv.<br>Mr. Anuvrat Sharma, AOR |
---|---|
State of Manipur | Mr. Ashok Kumar Singh, AOR |
M/s K J John And Co, AOR | |
Ms. Chanchal Kumar Ganguli, AOR | |
Mr. V. N. Raghupathy, AOR | |
Mr. Lagnesh Mishra, Adv. | |
Mr. Parikshit P. Angadi, Adv. | |
Mr. Chinmay A. Deshpande, Adv. | |
State of | Mr. Aniruddha P. Mayee, AOR |
Uttarakhand | Mr Ashutosh Kumar Sharma, Adv. |
Ms. D. Bharathi Reddy, AOR | |
Ms. Rachna Gandhi, Adv. | |
Mr. B.H. Marllapalle, Sr. Adv. | |
Mr. Shakeel Ahmed Syed, Adv. | |
Mr. M.H. Mazhar Bhuiyan, Adv. | |
Mr. A.S.Tapader, Adv. | |
Ms. Sadiya Shakeel, Adv. | |
Ms. Preeti Jha, Adv. | |
State of Tripura | Mr. Gopal Singh, AOR |
Ms. Sushma Suri, AOR | |
Mr. V. K. Sidharthan, AOR | |
M/s Corporate Law Group, AOR | |
Mr. Ajit Sinha, Sr. Adv. | |
Ms. Kiran Bhardwaj, Adv. | |
Mr. Raj Bahadur, Adv. | |
For Mrs. Anil Katiyar, AOR | |
State of Assam | Mr. Debojit Borkakati, Adv. |
Mr. M. Balashivudu, Adv. | |
State of Nagaland | Mr. Edward Belho, Adv. |
Mr. K. Enatoli Sema, Adv. | |
Mr. Amit Kumar Singh, Adv. | |
Mr. K. Luikang Michael, Adv. | |
Mr. Z.H. Isaac Haiding, Adv. |
State of Haryana Mr. Sanjay Kumar Visen, AOR Mr. Ranjit Kumar, SG Mr. Ajit Kumar Sinha, Sr. Adv. Mrs. Rekha Pandey, Adv. Mrs. Binu Tamta, Adv. Mrs. Rashmi Malhotra, Adv. Mr. R.M. Bajaj, Adv. Mr. B.H. Marlapalle, Sr. Adv. Mr. Ejaz Maqbool, Adv. Ms. Akriti Chaubey, Adv. Mr. C. George Thomas, Adv. Ms. Tanya Shree, Adv. Ms. Qurratulain, Adv. State of T.N. Mr. M. Yogesh Kanna, AOR Ms. R. Mahalakshmi, Adv. Ms. Sujatha Bagadhi, Adv. State of Bihar Mr. Abhinav Mukerji, AOR. State of J & K Mr. M. Shoeb Alam, Adv. Ms. Fauzia Shakil, Adv. Mr. Ujjwal Singh, Adv. Mr. Mojahid Karim Khan, Adv. Mr. Ajit Kumar Sinha, Sr. Adv. Mr. Shadman Ali, Adv. Mr. Raj Bahadur Yadav, Adv. Mrs. Anil Katiyar, Adv.
UPON hearing the counsel the Court made the following O R D E R
Further to our order dated 12th September, 2017, Shri Ranjit Kumar, learned Solicitor General, has placed on record a communication of the Ministry of Home Affairs, Department of Border Management suggesting that Shri A.K. Mangotra, IAS (Retd.), Former Secretary (Border Management) be appointed as the Chair Person of the Committee to supervise the work of the Border fencing.
We accept the said suggestion and appoint Shri A.K. Mangotra, IAS (Retd.) as the Chairperson of the Committee constituted by us by our previous order dated 31.07.2017.
Necessary notification in this regard be issued forthwith and the Committee shall file its report within two months from today after a visit to the site and after due supervision of the work carried out till date and the balance work to be completed.
List the matters after eight weeks after the report of the Committee is filed.
(NEETU KHAJURIA) COURT MASTER
(ASHA SONI) BRANCH OFFICER