Supreme Court Orders Assam and Central Governments to Respond on NRC Identity Cards
Supreme Court Directs Governments to File Counter Affidavits
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Guwahati, Aug 10: The Supreme Court has instructed both the central and Assam state governments to submit their counter affidavits within a six-week timeframe regarding a series of petitions aimed at enforcing post-NRC procedures, which include the distribution of identity cards to individuals listed in the final NRC published in 2019.
An attorney representing the petitioners indicated that the court has reiterated its request for the governments to respond.
"Three writ petitions were discussed today. Senior Advocate Kapil Sibal informed the Bench that the government has yet to respond to the petitions. The Supreme Court has once again mandated the government to file a counter affidavit," he stated.
The attorney further mentioned, “The Registrar General of India has submitted its affidavit, and we have been instructed to respond to it. The case will be reviewed after six weeks.”
As reported by Live Law, a legal news platform, the case was examined by a Bench consisting of Justice P.S. Narasimha and Justice Alok Aradhe, who were informed that despite previous notices, responses from both the Centre and the Assam Government are still pending.
The petitions have been lodged by Jamiat Ulema-e-Hind, the All Assam Minority Students' Union (AAMSU), and the Assam Sankhyalaghu Sangram Parishad.
According to the report, Senior Advocate Kapil Sibal, representing Jamiat, informed the court that neither the Union nor the State had submitted their responses and requested permission to file a rejoinder to the affidavit already provided by the Registrar General of India (RGI).
The Bench also acknowledged an interlocutory application related to a separate petition submitted by former NRC State Coordinator Hitesh Dev Sarma.
Senior Advocate Manish Goswami argued that Sarma's petition raised issues closely related to the pending petitions and requested its association with the ongoing proceedings.
As noted by Live Law, Sarma's petition seeks re-certification and re-verification of the NRC, claiming that the final list contains alleged inaccuracies, which differs from the reliefs sought in the current petitions.
After hearing from Additional Solicitor General Aishwarya Bhati representing the Union Government, the court ordered that Sarma's petition be linked with the other cases and addressed following the submission of replies.
The petitioners argue that even though the final NRC was released in August 2019, the necessary subsequent steps mandated by law remain unfulfilled.
They assert that identity cards have not been issued to the 3.11 crore individuals included in the NRC, as required under Rule 13 of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.
A representative from one of the petitioning groups stated that the primary demand is for those included in the NRC to receive identity cards, while those excluded should be given rejection slips along with an opportunity to appeal.
"The final NRC list has been published, and those registered must receive ID cards, while the 19 lakh excluded individuals should be granted the chance to appeal. The State has not submitted its affidavit, and had it done so, the matter would have progressed," he remarked.
The petitions further claim that rejection slips have not been issued to nearly 19 lakh individuals excluded from the NRC, hindering their ability to pursue appeals as stipulated by the relevant regulations.
The petitioners contend that the failure to execute these steps has left the NRC process incomplete and has adversely impacted the rights of both those included and those excluded.