The Supreme Court on Friday stayed the deportation of a woman excluded from the final draft of Assam's National Register of Citizens [Lal Bhanu vs Union of India and ors]..A Bench of Justices DY Chandrachud and Hima Kohli also sought the response of the Central government and the State of Assam on the plea challenging the decision of the Gauhati High Court and the Foreigners' Tribunal."Issue notice, returnable in three weeks. Liberty to serve the Central Agency, in addition ... Till the next date of listing, no steps shall be taken for the deportation of the petitioner."The plea will next be heard on October 17. The Gauhati High Court had in 2019 affirmed a 2017 Foreigners tribunal verdict that had deemed the petitioner as having entered Assam from Bangladesh after the cut-off date of March 25, 1971. The petitioner contended that the tribunal and the High Court ignored the fact that the woman and her family members are Indian citizens by birth, had produced a host of documents in support of her citizenship, and was named in the draft NRC list.It was also pointed out that the petitioner had furnished the voter cards of her parents in the pre-1971 lists as well as certificates from her panchayat. Having discharged her burden under Section 9 of the Citizenship Act, the High Court and the tribunal in ignoring her documents had caused a miscarriage of justice, it was submitted.Advocate Pijush Kanti Roy with advocates Kalki Roy and Tushar Alok appeared for the petitioner. The petition was filed through advocate Rajan Chourasia.[Read order]
The Supreme Court on Friday stayed the deportation of a woman excluded from the final draft of Assam's National Register of Citizens [Lal Bhanu vs Union of India and ors]..A Bench of Justices DY Chandrachud and Hima Kohli also sought the response of the Central government and the State of Assam on the plea challenging the decision of the Gauhati High Court and the Foreigners' Tribunal."Issue notice, returnable in three weeks. Liberty to serve the Central Agency, in addition ... Till the next date of listing, no steps shall be taken for the deportation of the petitioner."The plea will next be heard on October 17. The Gauhati High Court had in 2019 affirmed a 2017 Foreigners tribunal verdict that had deemed the petitioner as having entered Assam from Bangladesh after the cut-off date of March 25, 1971. The petitioner contended that the tribunal and the High Court ignored the fact that the woman and her family members are Indian citizens by birth, had produced a host of documents in support of her citizenship, and was named in the draft NRC list.It was also pointed out that the petitioner had furnished the voter cards of her parents in the pre-1971 lists as well as certificates from her panchayat. Having discharged her burden under Section 9 of the Citizenship Act, the High Court and the tribunal in ignoring her documents had caused a miscarriage of justice, it was submitted.Advocate Pijush Kanti Roy with advocates Kalki Roy and Tushar Alok appeared for the petitioner. The petition was filed through advocate Rajan Chourasia.[Read order]