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Supreme Court opens a 60-day window to file claims by 40 Lakhs left out of Draft NRC in Assam


Assam NRC
21 Sep 2018
Categories: Human Rights News Latest News

September 21, 2018:

Around 40,70 lakh people did not make it to the final NRC draft published on July 30.

Supreme Court of India has now ordered that the process of receiving claims & objections from people whose names were not included in the final draft National Register of Citizens (NRC) for Assam will now start from September 25.

A bench of Justices Ranjan Gogoi and R F Nariman said, ''The process will “remain open, tentatively, for a period of 60 days effective from 25th September”.

The Apex Court bench clarified that although the period of filing claims and objections was 30 days, it was giving 60 days as a matter of “concession”.

More than 40,70 lakh people did not make it to the final NRC draft published on July 30.

The Apex court made it clear that claimants can rely on any of the 10 documents suggested by state NRC coordinator Prateek Hajela.

These Documents are:

  1. land documents;
  2. permanent residential certificate issued from outside the state; passport;
  3. Life Insurance Corporation of India (LIC) insurance policy;
  4. any licence or certificate issued by any government authority;
  5. document showing service or employment under government or Public Sector Undertakings;
  6. bank accounts
  7. post office accounts;
  8. birth certificates issued by the competent authority;
  9. educational certificate issued by Boards or Universities;
  10. and records or processes pertaining to court, provided they are part of a processing in a judicial or revenue court.

All documents have a cut-off date of midnight of March 24, 1971.

Hajela had expressed reservations on permitting claimants to rely on names in 1951 NRC; names in electoral roll up to March 24, 1971; citizenship certificate and refugee registration certificate; certified copies of pre-1971 electoral roll, particularly, those issued from Tripura; & ration card.

On these, the court said that the issue should be “kept open till such time that…Prateek Hajela offers his views/comments” on a new affidavit filed by the Centre.

Attorney General K K Venugopal told the court that the government had modified its earlier Standard Operating Procedure (SOP).

Venugopal & Additional Solicitor General Tushar Mehta, appearing for Assam, requested the court to consider allowing the additional five documents following the Centre’s new stand.

Venugopal said most people in rural areas of Assam are illiterate.

The court refused to budge for now. Justice Gogoi remarked, “We are not shutting out the rest of the five documents. All that we are saying is that at this stage claims & objections shall be filed on the basis of 10 documents.”

He said Hajela’s report has raised apprehensions over the validity of the five documents. Justice Nariman said it is felt that these documents can be forged.

The Apex Court judges said they will take a call on the five documents after getting Hajela’s view.

The Supreme court also asked Hajela not to share a report that he had submitted to the court with anyone from the legislature, executive or judiciary without the court’s permission.

The report will remain in a sealed cover with the Apex court, the bench stated.

The Supreme court will now hear the matter on October 23.

Related News @ LatestLaws.com-

7.8.2018 - NRC Draft: Supreme Court holds top officials guilty of Contempt of Court

1.8.2018 - SC directs Authorities to take No coercive action against anyone on the basis of Draft NRC of Assam

30.7.2018 - National Register of Citizens of Assam Draft II: More than 40 Lakh declared ‘illegal citizens’ of India

20.2.2018 - SC says ‘No’ to extension of deadline for Publication of National Register of Citizens in Assam

6.12.2017 - SC: Certificate by Panchayat or Executive Magistrate is not valid proof of Citizenship



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