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"The problem is the rules have been notified after 4 years..now if the process start and somebody gets citizenships it will be impossible to reverse it..if they have waited for so long..they can wait more..if you have granted citizenship you cannot take it back..", Court was told today
Even after persistent requests being made for stay on the grant of citizenship under the Citizenship Amendment Act, 2019, the Supreme Court today refused to pass any such orders.
"They don't even have the infrastructure in place..", CJI DY Chandrachud replied to a submission being made to it being recorded in the order that grant of citizenship would be dependent on the outcome of this case.
The bench also comprising Justices JB Pardiwala and Manoj Misra has thus ordered that a 5-page note be file on the aspect of stay by April 2 by the petitioners, to which a reply be filed by the respondents by April 8.
The case will now be heard on April 9, 2024.
CJI Chandrachud had recently agreed to hear the applications filed by Indian Union Muslim League and others seeking a stay on the implementation of the Citizenship Amendment Rules, 2024 on Tuesday, March 19.
By way of these applications, Court has been asked to stay the continued operation of the Impugned provisions of Citizenship Amendment Act, 2019; and Citizenship Amendment Rules 2024, which would result in valuable rights being created and citizenship being granted to persons belonging to only certain religions, thereby resulting in a fait accompli situation.
A few days back the Central government notified the rules to implement CAA.
It is to be noted that that Supreme Court had earlier referred the pleas challenging the Citizenship (Amendment) Act, 2019 to a three-judge bench.
Over 200 petitions that were filed after the introduction of the Amendment Act in 2019, were taken up by the Supreme Court. Notices in the pleas were issued in January 2020, but the matter could not be taken up for hearing.
CAA, which was passed on December 12, 2019, amends Section 2 of the Citizenship Act of 1955 which defines “illegal migrants”. Now, persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from the neighboring countries of Afghanistan, Bangladesh or Pakistan, shall not be treated as “illegal migrants” and shall be eligible to apply for citizenship under the 1955 Act.
Cause Title: State of Kerala vs. Union of India
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