No stay on CAA, NPR, govt to reply in 4 wks: SC

Tribune News Service

New Delhi, January 22

The Supreme Court today refused to stay the operation of the Citizenship Amendment Act (CAA) and the National Population Register (NPR) and indicated ultimately a five-judge Bench might have to decide these issues. “The matter is uppermost in everybody’s mind. We will form a five-judge Bench and then list the case,” said a three-judge Bench headed by Chief Justice of India SA Bobde.

The Bench, however, asked the Centre to respond to the 143 petitions in four weeks and posted the matter for hearing in the fifth week for passing interim orders. Before the next hearing, the three-judge Bench will work out a schedule in the chamber for further hearing.

On a transfer petition by the Central Government, the Bench restrained all high courts from passing any orders on the CAA.

The Bench decided to segregate anti-CAA petitions with regard to Assam and Tripura from the rest of the petitions. Assam’s problem with the CAA is different from rest of country as the earlier cut-off date for citizenship was March 24, 1971, which under the CAA is now December 31, 2014, it noted.

Petitions against implementation of the CAA in Uttar Pradesh without framing any rules can also be dealt with separately, it added.

Earlier, senior advocates Kapil Sibal, Abhishek Manu Singhvi, Rajeev Dhavan and others sought stay on the CAA and NPR. But Attorney General KK Venugopal and Solicitor General Tushar Mehta vehemently opposed it.

As Sibal demanded the matter be sent to Constitution Bench, the CJI said: “Even we think the matter should be heard by a Constitution Bench.” 

The CAA — which was notified on January 10 — relaxes norms for grant of Indian citizenship by naturalisation to Hindu, Sikh, Christian, Buddhist and Jain and Parsi victims of religious persecution from Pakistan, Afghanistan and Bangladesh who came to India before December 31, 2014. Around 20 persons were killed in Uttar Pradesh and dozens of others injured in the state and elsewhere, including Delhi, in violent protests against the CAA.

The top court, which has already issued notice to the Centre on petitions against the CAA, also issued notices to the Centre on the fresh ones. The petitioners contended grant of citizenship on the basis of religion was against the basic structure of the Constitution.

Bhim Army leader Chandra Shekhar Azad, activist Swami Agnivesh, former Chief Information Commissioner Wajahat Habibullah and three others have also filed petitions challenging the validity of the CAA.

Bars HCs from passing orders

• The SC restrained high courts from proceeding with pending petitions linked to the CAA
• The SC decided to segregate anti-CAA petitions with regard to Assam and Tripura from rest of the pleas
• Petitions against CAA implementation in UP without framing rules may also be dealt with separately
• Before the next hearing slated for the fifth week, the Bench will work out a schedule in the chamber

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