New Delhi: The Supreme Court Thursday expanded the scope of petitions challenging the constitutional validity of section 6A of the Citizenship Act relating to illegal immigrants in Assam, and sought a response from the Centre on steps taken to deal with illegal immigration into India, particularly the North Eastern states, after March 25, 1971, when Bangladesh declared independence.
A five-judge bench led by Chief Justice of India D Y Chandrachud directed the Centre to inform the steps taken by the government at an administrative level to deal with illegal immigration into the northeastern states particularly Assam. The bench also asked the Centre to furnish details on border fencing and the estimated timelines to complete border fencing.
The CJI said, "Irrespective of what happens to Section 6 A Citizenship..the validity of it.... we will deal with the issue of illegal immigration into Assam. Look at what is happening to our country...".
The bench, also comprising justices Surya Kant, MM Sundresh, JB Pardiwala and Manoj Misra, has asked the Centre for details of the number of persons to whom citizenship has been granted under Section 6A with reference to the time period of persons who came into Assam between January 1, 1966, to March 25, 1971; how many persons have been detected to be foreigners under the Foreigners Tribunals Order 1964 with reference to the above period.
The bench also asked about the estimated inflow of illegal migrants into India including but not confined to Assam, and in respect of persons who have alleged to have entered India after March 25, 1971, the total no of foreigners’ tribunal set up by Centre, and the total number of cases disposed of. The bench sought details of the number of cases pending as of date, the average time taken for disposal of cases and the number of cases pending before the Gauhati High Court.
The apex court also asked the Centre for details on steps taken by it at the administrative level to deal with illegal immigration into the territory of India, particularly northeastern states.
The apex court directed that the affidavit be filed on or before Monday. The bench said where specific aspects require info from the state government, the data shall be shared by the state of Assam. However, a common affidavit be filed by the State of Assam and the Union of India, it added. The apex court passed the direction while hearing a batch of petitions challenging Section 6A of the Citizenship Act 1955, which was inserted to give effect to the Assam Accord of 1985. The hearing is in progress.
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