SC declines to stay Citizenship Amendment Rules


New Delhi, Mar 19 (IANS): The Supreme Court on Tuesday declined to pass any interim order staying the implementation of the rules notified by the Union Home Ministry under the Citizenship Amendment Act (CAA).

Emphasising that the Union government must be given a reasonable time to respond to the interlocutory applications challenging the introduction of 2024 Citizenship Amendment Rules, a Bench headed by Chief Justice of India, DY Chandrachud, posted the matter for further hearing on April 9.

The Bench, also comprising Justices JB Pardiwala and Manoj Misra, refused to pass any direction subjecting grant of citizenship under the impugned law to the outcome of the petitions challenging the validity of CAA.

Solicitor General (SG) Tushar Mehta, appearing for the Centre, pleaded that the impugned law does not take away but grants citizenship and hence, no prejudice must be caused to the petitioners on implementation of the CAA.

Referring to the multiple applications filed seeking stay on implementation of the Citizenship Amendment Rules, SG Mehta added that all these applications had not been served on them and a four-week time may be allowed for filing of reply.

On the other hand, Senior Advocate Kapil Sibal, appearing on behalf of the petitioners, strongly pressed for a stay on implementation of the Citizenship Amendment Rules.

“The problem is if somebody gets citizenship, it will be irreversible to reverse it and these petitions (challenging CAA) will get infructuous,” Sibal argued.

He reiterated that the top court in 2019 did not pass any stay order on implementation of the CAA because of non-existence of the rules.

Last week, the top court had agreed to urgently list the pleas seeking a stay on implementation of the Citizenship Amendment Rules.

In its application, Indian Union Muslim League (IUML) stated the rules notified under CAA are manifestly arbitrary and created an unfair advantage in favour of a class of persons on the ground solely of their religious identity, which is impermissible under Articles 14 and 15 of the Constitution.

It added that around 250 petitions challenging the provisions of the CAA are pending before the Supreme Court and in case CAA is held to be unconstitutional, an “anomalous situation” would arise when people who would have got citizenship under the impugned Act and Rules would have to be stripped of their citizenship.

“Therefore, it is in the best interest of every person to defer the implementation of CAA and impugned rules till this Hon'ble Court finally decides the matter…The Petitioner had pressed for a stay of the implementation of the provisions of the impugned Act.

“However, the Union of India had told this Hon'ble Court that the rules have not been framed and therefore the implementation will not take place. The Writ Petition has been pending for the last 4.5 years,” the application said.

The CAA 2019 grants citizenship to non-Muslim migrants who had come from Pakistan, Bangladesh, and Afghanistan on or before December 31, 2014.

 

  

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Comment on this article

  • G R PRABHUJI, Mangalore

    Wed, Mar 20 2024

    Nobody knew now what's SC next step.

    DisAgree [3] Agree [1] Reply Report Abuse

  • Jossey Saldanha, Raheja Waterfront

    Wed, Mar 20 2024

    Foreigners should not be allowed to Vote in India ...

    DisAgree [4] Agree [5] Reply Report Abuse

  • Peacelover, Udupi

    Wed, Mar 20 2024

    How government will identify whether an illegal emigrant is Muslim or Non muslims? Any terrorist may come in disguise of a Hindu, and get Indian citizenship.

    DisAgree [2] Agree [9] Reply Report Abuse

  • PRAKASH.A, Mlore

    Tue, Mar 19 2024

    Devil is in the details ; And all the catch up is in the implementation. Law will prohibit the implementing officers taking a humanitarian decision even for a single Muslim family.

    DisAgree [22] Agree [10] Reply Report Abuse

  • Nithin, Bangalore/SA

    Tue, Mar 19 2024

    Explain CAA

    DisAgree [2] Agree [27] Reply Report Abuse

  • John Tauro, M'lore

    Wed, Mar 20 2024

    First of all Paki Muslims don’t come to India on grounds of religious persecution. So they don’t come as refugees and live in camps. They either enter illegally for economic reasons (seeking better opportunities) or enter legally to visit relatives or for marriage or to attend family functions. Those entering legally are eligible for citizenship upon completing 11 years of total stay in India. Both CA of 1955 and CAA of 2019 are for granting citizenship upon fulfilling prescribed requirements. If there was no persecution of minorities in these parts of undivided India, there would have been no influx of refugees and there was no need to enact CAA.

    DisAgree Agree [5] Reply Report Abuse

  • Gautam Das, Bangalore

    Tue, Mar 19 2024

    Shri Tushar Mehta already there is law in place to grant citizenship to eligible refugees, so there is no need for a second law on top of the already existing one. India in the past has given citizenship to eligible refugees. Either you give citizenship to all eligible refugees without discrimination and bias or don’t give at all to anybody. Don’t do it with communal and vote bank intention. Those who have got citizenship are causing law and order situation in Delhi draining countries resources and money. BTW why have you built detentions centres in the country spending so much tax payers money??.?.?.

    DisAgree [23] Agree [28] Reply Report Abuse

  • Nithin, Bangalore/SA

    Tue, Mar 19 2024

    For whom pakistan and bangladesh was given ???, CAA is mainly for persecuted minorities, it's a joke that muslims from pakistan want to come to India and citizenship be given, Actually it should be other way, thousands of Muslims in India are always crying injustice..pakistan should open up their gates for all the muslims who feel insecure in India and must give citizenship , not a single Muslim from India would be willing to go ...😃

    DisAgree [9] Agree [47] Reply Report Abuse

  • Gautam Das, Bangalore

    Tue, Mar 19 2024

    Then where should Hindus in india go who oppose Modi’s illegal, oppressive and anti constitutional rule to whom Modi is persecuting and grilling with concocted framed charges where some are killed in the custody, raped and murdered and duped???.?.?……. Most of the victims from politics who are Hindus too. Many Hindus are immigrating to other Christian and Muslim countries for work and permanent stay, why don’t you take up thier matter them being Hindus?????….So similar condition with Muslim refugees too who oppose thier country’s anti constitutional rules and need asylum who are law biding, peaceful and hard working citizens.

    DisAgree [12] Agree [6] Reply Report Abuse

  • Nithin, Bangalore/SA

    Wed, Mar 20 2024

    Be practical, how can CAA be termed anti constitutional if the purpose of CAA is mainly to provide citizenship to persecuted minorities from pak, bangladesh and Afghanistan, ask yourself how do you justifyi muslims from these countries coming to India for citizenship, whats the relation between CAA and people migrating to other countries, stick to the topic of discussion,thousands of Muslims in Europe did not go there with valid visa they went there seeking asylum,

    DisAgree [1] Agree [7] Report Abuse

  • PRAKASH.A, Mlore

    Tue, Mar 19 2024

    Your logic is perfectly correct; but deep within you also know the timing and methods all point towards bigotry mindset, and populist election tactics. India is a huge democratic country & its doing more damage to India's reputation than good.

    DisAgree [8] Agree [6] Reply Report Abuse

  • John Tauro, M'lore

    Tue, Mar 19 2024

    Yes you are right. Those who got citizenship are now creating law and order problem in the country. These are those who got citizenship under CA of 1955 (not CAA of 2019). These well to do people came back to India on the pretext of claiming their lost properties or joining their extended families. They did not come as refugees. They were granted citizenship upon completing 11 years of total stay (not continuous stay) in the country. I hope you know who these people are, they are easily identifiable.

    DisAgree [2] Agree [9] Reply Report Abuse

  • Gautam Das, Bangalore

    Wed, Mar 20 2024

    FYI, read the news article from Daiji dated March 14th and 15th of this year with open eyes. News says clearly that the protestors were Hindu immigrants from Afghanistan and Pakistan in Delhi in front of Kejriwal’s residence and congress leaders. Why would those rich and well to do immigrants of 1955 as stated by you protest now??????…If you are one of them you are legally well settled now and you have no prohibition for your food habits if you settle in Kerala, Goa, Kashmir or NE states being a Christian. Hindu immigrants who were given citizenship after 2019 are dwelling in dilapidated conditions and in broken shanties. So they have been given some money by your BJP leaders to do this protesting job.

    DisAgree [4] Agree [2] Reply Report Abuse


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