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SC refuses interim stay on CAA, may refer matter to larger Constitution bench

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Published : Jan 22, 2020, 7:47 AM IST

Updated : Jan 22, 2020, 5:43 PM IST

17:31 January 22

Nothing wrong in giving time to file reply: Yogendra Yadav

  • Nothing wrong with the order. Nothing wrong in giving time to file reply. Nothing wrong in forming a constitutional bench or taking up interim relief after 4 weeks.

    But is this what you expect of a court tasked with defending the constitution in the face of this onslaught?

    — Yogendra Yadav (@_YogendraYadav) January 22, 2020 " class="align-text-top noRightClick twitterSection" data=" ">

President of Swaraj India, Yogendra Yadav, expresses his disappointment with the Supreme Court order on the contentious Citizenship Amendment Act today. 

He tweeted, "Nothing wrong with the order. Nothing wrong in giving time to file reply. Nothing wrong in forming a constitutional bench or taking up interim relief after 4 weeks.

But is this what you expect of a court tasked with defending the constitution in the face of this onslaught?"

17:22 January 22

Nothing wrong in forming a constitutional bench: SP Singh

New Delhi: Making clear it will not stay the Citizenship (Amendment) Act without hearing the Centre, the Supreme Court on Wednesday gave the government four weeks to respond to petitions challenging the act and said a five-judge Constitution bench will hear the matter.

Hearing a batch of over 140 petitions, an apex court bench headed by Chief Justice S A Bobde issued notice to the Centre and restrained all high courts from hearing pleas on the CAA till it decides on the pleas.

While speaking to ETV Bharat, Senior lawyer and Constitutional expert Satya Prakash Singh said the Supreme Court has decided to segregate the cases of a similar nature together (CAA case in Tripura and Assam) and other cases separately.

He said that the Constitution Bench will now look into the pros and cons of the legislation. "It will also see whether the legislation is ultra virus," said Singh.

16:43 January 22

Assam's situation on CAA is unique: Debabrata Saikia

On the Court's decision to hear matters related to Assam separately, Leader of the Opposition in the Assam Assembly and Congress leader Debabrata Saikia on Wednesday said that the state had taken the burden of illegal immigration for 20 years more than the rest of the nation, and now we hope that SC will have a solution to our problem. 

16:42 January 22

If all the foreingers will come to Assam, where will we go: AMSU

While talking to ETV Bharat,  All Moran Students' Union (AMSU) president Arunjyoti Moran said, "We trust Supreme Court and but the agitation is against the government." 

Assam and Tripura is a serious and different issue and so our case will be heard separately by SC, we are happy about it. But agitation will continue as it is a problem for us if all the Bangladeshi people will settle in Assam.

15:27 January 22

Shah just wants to fight Delhi polls on CAA: Petitioner

Attacking Home Minister Amit Shah over the Act, petitioner Tehseen Poonawalla said that the BJP wanted to fight the upcoming Delhi polls on the issue of CAA.

Speaking to ETV Bharat, he said, "They know it is unconstitutional, hence they are running away from filing a reply. Shah says he will not back an inch. Then why no reply?" he questioned.

"He wants to fight the Delhi elections on this issue," he added, asserting confidence that the apex court will eventually strike down the Act.

15:12 January 22

People's resistance will continue: Chennithala

Congress leader and a petitioner in the matter, Ramesh Chennithala said that though the Supreme Court's indication that the matter may be referred to a larger Constitutional Bench is a positive sign, the government is still wrong if it wants to implement the Citizenship Amendment Act without even framing the rules.

He added that the nationwide agitations will not end, and the people's resistance will continue.

14:52 January 22

Threat to identity of indigenous people: AASU Chief Adviser

Reacting to the Supreme Court's decision of clubbing together the pleas of Assam and Tripura, AASU Chief Adviser Samujjal Bhattacharya said that the case in the Northeast is different as the influx of illegal immigrants is a threat to the language, culture, and identity of the indigenous population of the region.

He added that they will continue their peaceful and democratic opposition until the contentious Citizenship Amendment Act is not scrapped.

13:57 January 22

Hopeful of justice from SC: NESO Chairman

Speaking to ETV Bharat on the Supreme Court orders, Chairman of the North East Students' Organisation Samuel Jyrwa said that though they were seeking a stay on the Citizenship Amendment Act (CAA), they still take the apex court's order as a positive development.

"We are ready to wait, we are very patient. We're vey hopeful that we'll get justice from the Supreme Court," he said.

On the Court's decision to hear matters related to Assam separately, Jyrwa said that the state had taken the burden of illegal immigration for 20 years more than the rest of the nation, and the people of the state were now saturated.

12:17 January 22

Recap of today's SC order

The Supreme Court gave the Centre four weeks to respond to pleas challenging the validity of the Citizenship Amendment Act (CAA) and hinted at setting up a five-judge Constitution bench to hear the petitions.

"Will pass order on granting any interim relief to petitioner opposing CAA after four weeks," the bench said.    

While making it clear that it will not grant any stay on the CAA without hearing the Centre, the bench restrained all high courts from hearing pleas on CAA till it decides the petitions.

The bench said it will hear petitions pertaining to Assam and Tripura separately as the problem with CAA in these two states is different from rest of the country.

Attorney General K K Venugopal, appearing for the Centre, told the bench that the government has been given copies of around 60 pleas out of the 143 petitions. He said it wanted time to respond to pleas which have not been served on it. 

11:30 January 22

SC issues notice to Centre, grants 4 weeks to file reply

The Supreme Court issued a notice to the Centre on all the fresh petitions, and granted it four weeks to file its reply.

11:25 January 22

Centre to reply on Assam in two weeks

CJI asked the Centre when it will file a reply pertaining to the petitions on Assam.

Attorney General KK Venugopal told the court that the Centre will file the reply in two weeks. 

CJI Bobde then said that the Court could hear the matter after two weeks.

11:21 January 22

Centre asks court to freeze filing further petitions

CJI Bobde said that the Court may ask the government to issue some temporary permits for the time being. 
The Centre asked the court to freeze filing further petitions, as over 140 petitions have been filed and others who wish to be heard, may file intervention application.

11:18 January 22

Situation in Assam different: Lawyer

Senior advocate Vikas Singh seeks an ex-parte order with respect to the implementation of the Act in Assam. He tells the court that the situation in Assam is different, as 40,000 people have already entered Assam since the last hearing.

11:10 January 22

No stay on CAA without Centre's response: SC

The Supreme Court bench said that it will not grant any stay on CAA without hearing the Centre's response.

The Centre had said it wants time to respond to pleas which have not been served on it. 

11:02 January 22

Court should constitute Bench at proximate date: Singhvi

Senior advocate Abhishek Singhvi said that the Court should constitute a bench at a proximate date as the exercises have started.

10:59 January 22

CJI suggests referring matters to Constitution Bench

Senior Counsel Kapil Sibal asks if the matters should be referred to the Constitution bench. CJI Bobde suggests it should.

Put CAA on hold, postpone NPR: Sibal

Sibal also urged the apex court to put on hold operation of CAA and postpone exercise of NPR for time being. 

10:59 January 22

Service of all petitions not complete yet: AG Venugopal

Attorney General KK Venugopal tells the Court that the Union of India and Central Agency have been served only on 60 out of the 144 petitions on CAA.

10:54 January 22

Court 1 overcrowded, CJI expresses concern

CJI Bobde expresses concern over Court 1 being overcrowded, and said that the issue needed tackling as hearings could get disturbed.

Senior advocate Kapil Sibal said that there should be certain rules on who can enter.

08:16 January 22

Police disperse women, children gathered outside SC to protest against CAA

Around 20 women along with children gathered outside the Supreme Court late on Tuesday night to protest against the Citizenship (Amendment) Act ahead of the hearing on the contentious law in the apex court.

The protesters squatted at the front gate of the Supreme Court, following which police dispersed them from the area, a police official said.

However, one person was reportedly taken into custody by the police.

07:10 January 22

SC to hear pleas challenging CAA today

New Delhi: The Supreme Court on Wednesday will hear in excess of 140 pleas against the Citizenship Amendment Act (CAA), which include a majority seeking that the court examine its Constitutional validity.

A bench, headed by Chief Justice SA Bobde, had issued notice to the Centre on December 18 on various pleas including those filed by the Indian Union Muslim League (IUML) and Congress leader Jairam Ramesh.

The top court had sought the Centre's response on nearly 60 pleas challenging the CAA's legality, which has swelled to over 140, and fixed the hearing on January 22.

The anti-CAA petitions, also include those filed by Rashtriya Janata Dal leader Manoj Jha, Trinamool Congress MP Mahua Moitra and AIMIM leader Asaduddin Owaisi.

The CAA grants Indian citizenship to non-Muslim minorities -- Hindu, Sikh, Buddhist, Jain, Parsi and Christian -- who migrated to India from Afghanistan, Pakistan and Bangladesh till December 31, 2014, following religious persecution.

The petitions filed later have also sought a stay on the operation of the legislation which came into force on January 10.

On January 9, the apex court had refused conduct urgent hearing on a plea seeking that CAA be declared constitutional. The apex court had observed that saying the country is going through difficult times against the backdrop of violence in many states, and therefore the endeavour should be for peace.

Read: Shaheen Bagh protestors meet Delhi LG

17:31 January 22

Nothing wrong in giving time to file reply: Yogendra Yadav

  • Nothing wrong with the order. Nothing wrong in giving time to file reply. Nothing wrong in forming a constitutional bench or taking up interim relief after 4 weeks.

    But is this what you expect of a court tasked with defending the constitution in the face of this onslaught?

    — Yogendra Yadav (@_YogendraYadav) January 22, 2020 " class="align-text-top noRightClick twitterSection" data=" ">

President of Swaraj India, Yogendra Yadav, expresses his disappointment with the Supreme Court order on the contentious Citizenship Amendment Act today. 

He tweeted, "Nothing wrong with the order. Nothing wrong in giving time to file reply. Nothing wrong in forming a constitutional bench or taking up interim relief after 4 weeks.

But is this what you expect of a court tasked with defending the constitution in the face of this onslaught?"

17:22 January 22

Nothing wrong in forming a constitutional bench: SP Singh

New Delhi: Making clear it will not stay the Citizenship (Amendment) Act without hearing the Centre, the Supreme Court on Wednesday gave the government four weeks to respond to petitions challenging the act and said a five-judge Constitution bench will hear the matter.

Hearing a batch of over 140 petitions, an apex court bench headed by Chief Justice S A Bobde issued notice to the Centre and restrained all high courts from hearing pleas on the CAA till it decides on the pleas.

While speaking to ETV Bharat, Senior lawyer and Constitutional expert Satya Prakash Singh said the Supreme Court has decided to segregate the cases of a similar nature together (CAA case in Tripura and Assam) and other cases separately.

He said that the Constitution Bench will now look into the pros and cons of the legislation. "It will also see whether the legislation is ultra virus," said Singh.

16:43 January 22

Assam's situation on CAA is unique: Debabrata Saikia

On the Court's decision to hear matters related to Assam separately, Leader of the Opposition in the Assam Assembly and Congress leader Debabrata Saikia on Wednesday said that the state had taken the burden of illegal immigration for 20 years more than the rest of the nation, and now we hope that SC will have a solution to our problem. 

16:42 January 22

If all the foreingers will come to Assam, where will we go: AMSU

While talking to ETV Bharat,  All Moran Students' Union (AMSU) president Arunjyoti Moran said, "We trust Supreme Court and but the agitation is against the government." 

Assam and Tripura is a serious and different issue and so our case will be heard separately by SC, we are happy about it. But agitation will continue as it is a problem for us if all the Bangladeshi people will settle in Assam.

15:27 January 22

Shah just wants to fight Delhi polls on CAA: Petitioner

Attacking Home Minister Amit Shah over the Act, petitioner Tehseen Poonawalla said that the BJP wanted to fight the upcoming Delhi polls on the issue of CAA.

Speaking to ETV Bharat, he said, "They know it is unconstitutional, hence they are running away from filing a reply. Shah says he will not back an inch. Then why no reply?" he questioned.

"He wants to fight the Delhi elections on this issue," he added, asserting confidence that the apex court will eventually strike down the Act.

15:12 January 22

People's resistance will continue: Chennithala

Congress leader and a petitioner in the matter, Ramesh Chennithala said that though the Supreme Court's indication that the matter may be referred to a larger Constitutional Bench is a positive sign, the government is still wrong if it wants to implement the Citizenship Amendment Act without even framing the rules.

He added that the nationwide agitations will not end, and the people's resistance will continue.

14:52 January 22

Threat to identity of indigenous people: AASU Chief Adviser

Reacting to the Supreme Court's decision of clubbing together the pleas of Assam and Tripura, AASU Chief Adviser Samujjal Bhattacharya said that the case in the Northeast is different as the influx of illegal immigrants is a threat to the language, culture, and identity of the indigenous population of the region.

He added that they will continue their peaceful and democratic opposition until the contentious Citizenship Amendment Act is not scrapped.

13:57 January 22

Hopeful of justice from SC: NESO Chairman

Speaking to ETV Bharat on the Supreme Court orders, Chairman of the North East Students' Organisation Samuel Jyrwa said that though they were seeking a stay on the Citizenship Amendment Act (CAA), they still take the apex court's order as a positive development.

"We are ready to wait, we are very patient. We're vey hopeful that we'll get justice from the Supreme Court," he said.

On the Court's decision to hear matters related to Assam separately, Jyrwa said that the state had taken the burden of illegal immigration for 20 years more than the rest of the nation, and the people of the state were now saturated.

12:17 January 22

Recap of today's SC order

The Supreme Court gave the Centre four weeks to respond to pleas challenging the validity of the Citizenship Amendment Act (CAA) and hinted at setting up a five-judge Constitution bench to hear the petitions.

"Will pass order on granting any interim relief to petitioner opposing CAA after four weeks," the bench said.    

While making it clear that it will not grant any stay on the CAA without hearing the Centre, the bench restrained all high courts from hearing pleas on CAA till it decides the petitions.

The bench said it will hear petitions pertaining to Assam and Tripura separately as the problem with CAA in these two states is different from rest of the country.

Attorney General K K Venugopal, appearing for the Centre, told the bench that the government has been given copies of around 60 pleas out of the 143 petitions. He said it wanted time to respond to pleas which have not been served on it. 

11:30 January 22

SC issues notice to Centre, grants 4 weeks to file reply

The Supreme Court issued a notice to the Centre on all the fresh petitions, and granted it four weeks to file its reply.

11:25 January 22

Centre to reply on Assam in two weeks

CJI asked the Centre when it will file a reply pertaining to the petitions on Assam.

Attorney General KK Venugopal told the court that the Centre will file the reply in two weeks. 

CJI Bobde then said that the Court could hear the matter after two weeks.

11:21 January 22

Centre asks court to freeze filing further petitions

CJI Bobde said that the Court may ask the government to issue some temporary permits for the time being. 
The Centre asked the court to freeze filing further petitions, as over 140 petitions have been filed and others who wish to be heard, may file intervention application.

11:18 January 22

Situation in Assam different: Lawyer

Senior advocate Vikas Singh seeks an ex-parte order with respect to the implementation of the Act in Assam. He tells the court that the situation in Assam is different, as 40,000 people have already entered Assam since the last hearing.

11:10 January 22

No stay on CAA without Centre's response: SC

The Supreme Court bench said that it will not grant any stay on CAA without hearing the Centre's response.

The Centre had said it wants time to respond to pleas which have not been served on it. 

11:02 January 22

Court should constitute Bench at proximate date: Singhvi

Senior advocate Abhishek Singhvi said that the Court should constitute a bench at a proximate date as the exercises have started.

10:59 January 22

CJI suggests referring matters to Constitution Bench

Senior Counsel Kapil Sibal asks if the matters should be referred to the Constitution bench. CJI Bobde suggests it should.

Put CAA on hold, postpone NPR: Sibal

Sibal also urged the apex court to put on hold operation of CAA and postpone exercise of NPR for time being. 

10:59 January 22

Service of all petitions not complete yet: AG Venugopal

Attorney General KK Venugopal tells the Court that the Union of India and Central Agency have been served only on 60 out of the 144 petitions on CAA.

10:54 January 22

Court 1 overcrowded, CJI expresses concern

CJI Bobde expresses concern over Court 1 being overcrowded, and said that the issue needed tackling as hearings could get disturbed.

Senior advocate Kapil Sibal said that there should be certain rules on who can enter.

08:16 January 22

Police disperse women, children gathered outside SC to protest against CAA

Around 20 women along with children gathered outside the Supreme Court late on Tuesday night to protest against the Citizenship (Amendment) Act ahead of the hearing on the contentious law in the apex court.

The protesters squatted at the front gate of the Supreme Court, following which police dispersed them from the area, a police official said.

However, one person was reportedly taken into custody by the police.

07:10 January 22

SC to hear pleas challenging CAA today

New Delhi: The Supreme Court on Wednesday will hear in excess of 140 pleas against the Citizenship Amendment Act (CAA), which include a majority seeking that the court examine its Constitutional validity.

A bench, headed by Chief Justice SA Bobde, had issued notice to the Centre on December 18 on various pleas including those filed by the Indian Union Muslim League (IUML) and Congress leader Jairam Ramesh.

The top court had sought the Centre's response on nearly 60 pleas challenging the CAA's legality, which has swelled to over 140, and fixed the hearing on January 22.

The anti-CAA petitions, also include those filed by Rashtriya Janata Dal leader Manoj Jha, Trinamool Congress MP Mahua Moitra and AIMIM leader Asaduddin Owaisi.

The CAA grants Indian citizenship to non-Muslim minorities -- Hindu, Sikh, Buddhist, Jain, Parsi and Christian -- who migrated to India from Afghanistan, Pakistan and Bangladesh till December 31, 2014, following religious persecution.

The petitions filed later have also sought a stay on the operation of the legislation which came into force on January 10.

On January 9, the apex court had refused conduct urgent hearing on a plea seeking that CAA be declared constitutional. The apex court had observed that saying the country is going through difficult times against the backdrop of violence in many states, and therefore the endeavour should be for peace.

Read: Shaheen Bagh protestors meet Delhi LG

Intro:Body:

New Delhi: The Supreme Court is scheduled to hear on Wednesday a batch of pleas seeking to examine the constitutional validity of the Citizenship (Amendment) Act (CAA).

         A bench, headed by Chief Justice S A Bobde, which had issued notice to the Centre on December 18 on various pleas is likely to hear a batch of 143 petitions, including those filed by the Indian Union Muslim League (IUML) and Congress leader Jairam Ramesh.

         CAA seeks to grant citizenship to non-Muslim migrants belonging to Hindu, Sikh, Buddhist, Christian, Jain and Parsi communities who came to the country from Pakistan, Bangladesh and Afghanistan on or before December 31, 2014.

         Some of the petitions filed later have also sought a stay on the operation of the legislation which came into force on January 10.

         The apex court had on January 9 refused to entertain a plea seeking that the CAA be declared constitutional, saying the country is going through difficult times and there is so much violence that endeavour should be for peace.

         IUML said in its plea that CAA violates the fundamental Right to Equality and intends to grant citizenship to a section of illegal immigrants by making an exclusion on the basis of religion.

         President Ram Nath Kovind gave assent to the Citizenship (Amendment) Bill, 2019 on December 12, turning it into an Act.

         IUML seeks an interim stay on the operation of CAA and the Foreigner Amendment (Order), 2015 and Passport (Entry Into Rules), Amendment Rules, 2015.

         The petition had alleged that the government's CAA was against the basic structure of the Constitution and intended to explicitly discriminate against Muslims as the Act extended benefits only to Hindus, Sikhs, Buddhists, Jains, Parsis and Christians.

         The plea filed by Congress leader Jairam Ramesh, said the Act is a "brazen attack" on core fundamental rights envisaged under the Constitution and treats "equals as unequal".

         Ramesh said the substantial questions of law, including whether religion can be a factor to either acquire or deny citizenship in India, arises for consideration of the court as it is a "patently unconstitutional" amendment to the Citizenship Act, 1955.

         "The impugned Act creates two classifications, viz, classification on basis of religion and the classification on the basis of geography and both the classifications are completely unreasonable and share no rational nexus to the object of the impugned Act i.e., to provide shelter, safety and citizenship to communities who in their native country are facing persecution on grounds of religion," the plea has said.

         Several petitions have been filed challenging the constitutional validity of the CAA, including by RJD leader Manoj Jha, Trinamool Congress MP Mahua Moitra, AIMIM leader Asaduddin Owaisi. Several other petitioners include Muslim body Jamiat Ulama-i-Hind, All Assam Students Union (AASU), Peace Party, CPI, NGOs 'Rihai Manch' and Citizens Against Hate, advocate M L Sharma, and law students have also approached the apex court challenging the Act. 


Conclusion:
Last Updated : Jan 22, 2020, 5:43 PM IST
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