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The IUML’s application points out that following the notification of the CAA, 2019 last week, the State of Uttar Pradesh had acted immediately to send a list of around 40,000 illegal migrants to the Central Government on January 13, to be granted citizenship under the Amendment Act.
The Indian Union of Muslim League (IUML) has moved an application urging the Supreme Court to stay the operation of the Citizenship (Amendment) Act, 2019 (CAA), after it was notified to come into force on January 10, 2020.
Further, the IUML has also moved a separate application, calling on the Supreme Court to direct the Central Government to clarify whether there are plans to implement National Population Register (NPR) and National Register of Citizens (NRC), and whether the two exercises are inter-linked.
The IUML was among the first to approach the Supreme Court challenging the constitutionality of the CAA. While issuing notice in a batch of similar petitions, including IUML’s plea, last December, the Supreme Court had declined to stay the operation of the CAA before it was notified and since no rules or guidelines had been framed under it at the time.
However, the IUML’s application points out that following its notification last week, the State of Uttar Pradesh acted immediately to send a list of around 40,000 illegal migrants to the Central Government on January 13, to be granted citizenship under the Amendment Act.
In view of this, IUML's application filed through advocate Pallavi Pratap, states,
“… as seen from the prompt action taken by the State of UP in collecting the data of non-muslim illegal migrants in the State, it can be clearly seen that the process of giving citizenship under the Amendment Act to illegal migrants is already underway.”
Therefore, it has been submitted that it would be in the interest of justice to stay the operation of the CAA, including the procedures under the Amendment for grant of citizenship to illegal immigrants, since the CAA has now come into force.
In another application, the IUML has pointed out that the Government is yet to clarify it stance regarding NPR and NRC implementation across India.
“Since 2014, the Ministers of the Union Respondent including the Hon’ble Prime Minister have been giving contradictory statements on the NRC and its implementation across the country and its link to the National Population Register (NPR).”
The application goes on to cite contradictory speeches and statements made by Minister of State for Home, Kiren Rijiju, Home Minister Amit Shah, Prime Minister Narendra Modi and Minister of Heavy Industries and Public Enterprises, Prakash Javedkar.
To light of the same, IUML has submitted,
“… such contradictory statements given by the ministers of the Union Respondent are creating a widespread confusion and panic among the people at large. Therefore the Respondent Union most clarify their stand and halt any proceedings in relation to the said NRC and NPR process till the present writ is pending before this Hon’ble Court.”
The application adds that even when the provision concerning the NRC, Section 14A of the Citizenship Act, 1955 was added in 2004, it did not mandate a nationwide NRC.
“The same was in respect with the border states, where the problem of illegal migrants exist. The rest of the country does not face any such problems.”
Cumulatively, the IUML has presented the following four prayers before the Supreme Court by the two applications:
That the Supreme Court stay the operation of the notification dated 10.1.2020 issued by the Union of India directing the coming into force of the provisions of the Citizenship Amendment Act, 2019 from 10.1.2020 till the disposal of the plea challenging the validity of the Amendment;
That the Supreme Court should direct the Central Government to clarify whether the NRC and the NPR exercises are linked;
That the Supreme Court direct the Central Government to clarify whether a pan India NRC will be prepared.
That the Supreme Court direct the Central Government to put a hold on the exercises to prepare the NRC or NPR during the pendency of the plea challenging the constitutionality of the CAA
[Read the Applications]