SC directive on C(A)A raises hope for people of North- East

The SC while deferring hearing in this crucial case stated that it would de-link the petitions filed from parties in the North East

Supreme Court

Guwahati, January 22: The Supreme Court hearing upon 144 petitions including 17 petitions from North- East India on the highly debated Citizenship (Amendment) Act, 2019 has generated some hope for the concerns raised by the North- East. On December 22, 2019, at the first hearing on C(A)A, Attorney General K K Venugopal had stated that as the rules of the Act has not been framed by the Union of India, there was nothing available to direct the Government for withdraw of the same Act. The Chief Justice of India, S A Bobde, presiding over the three member bench, directed the Government of India for filing its affidavit clearing upon the questions raised by various petitioners. The Union of India failed to submit its affidavit within a stipulated time and the hearing which was fixed today continued for 55 minutes.

After hearing all sides the SC directed the Government of India to clarify all concerns that had been raised in the all 144 petitions in the Supreme Court within 4 weeks. After that the Supreme Court would consider further course of action. It also expressed the hope that the Government of India will not proceed to implement the controversial Act until the concerns of the various parties have been resolved.

Meanwhile, the CJI also commented that the hearing of the petitions filed by various parties from Assam and Tripura would be dealt with separately. In Assam the Assam Accord, 1985 must be taken into consideration while implementing this Act. This move by the SC has generated much hope in both Assam and the entire North- East of India.

Eminent lawyer of Guwahati High Court, Kamal Narayan Choudhury, who was representing the case against C(A)A filed by noted literary personality and critic Dr Hiren Gohain, reacting on the statement of honorable Chief Justice said,  “the honorable Chief Justice has assured us that he will hear the petitions filed by various parties from Assam and Tripura. This shows that the honorable SC has understood the ground reality of Assam and North- East India. This has also raised hopes that our opposition to the Act will not be ignored.” Former Chief Minister and congress leader Tarun Gogoi who was appearing in the court to lead his case said, “the honorable Supreme Court has heard all objections regarding C(A)A very attentively. We hope the court will be pleased to repeal the anti-constitutional Act.”

Contrary to this, on the other hand, the opposition leader in Assam and Congress legislature Debabrata Saikia stated, “the Supreme Court gave four weeks’ time to the Government of India to submit its affidavit relating to the various objections raised by various petitioners on C (A) A. The centre has failed to submit that affidavit within the affixed time. It appears that the centre has a very weak defence of its case in the Supreme Court. The AASU President Dipanka Nath said that, “we are thankful to the stand of honorable Supreme Court. It has understood the ground reality of Assam and North- East, which the BJP leaders and the ruling party failed to understand.” Lurinjyoti Gogoi, the General Secretary of AASU of the opinion that, “the Supreme Court is convinced with the especial situation of Assam and North- East. The Assam has an Accord for determination and expulsion of foreigners before March 24, 1971.  Citizenship in Assam is determined under section 6(A) of Citizenship Act, which does not apply to other parts of the country. The honorable SC has not undermined the special position of the state by assuring us that the petitions filed by various parties in Assam and North- East will be heard separately.” AJYCP president, Palash Changmai also said that, “the hearing of Supreme Court has raised the aspirations of the people of Assam and North- East.”     

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