Tribune News Service
New Delhi, June 1
The Indian Union Muslim League (IUML) has moved the Supreme Court against the Centre’s move to grant citizenship to minorities from Pakistan, Afghanistan and Bangladesh currently residing in 13 districts in Gujarat, Rajasthan, Chhattisgarh, Haryana and Punjab.
In an application filed in the top court, IUML accused the Centre of going back on the assurance given to the court which is seized of its petition challenging the validity of the Citizenship Amendment Act, 2019. The Centre had said staying the CAA wasn’t necessary as the rules had not been framed, it pointed out.
IUML urged the top court to stay any further proceedings pursuant to the May 28 MHA notification during the pendency of petitions against the CAA.
Notified on January 10 last year, the CAA relaxes norms for grant of Indian citizenship by naturalization to Hindu, Sikh, Christian, Buddhist and Jain and Parsi victims of religious persecution from Pakistan, Afghanistan and Bangladesh who came to India before December 31, 2014.
The top court had on January 22, 2020, refused to stay the operation of the CAA and the National Population Register (NPR) and indicated that ultimately a five-judge Bench might have to decide these issues.
The Centre had defended the CAA, contending it won’t affect the legal, democratic or secular rights of citizens.
The MHA had on Friday issued a notification for immediate implementation of the order under the Citizenship Act 1955 and Rules framed under the law in 2009 even though the rules under the CAA 2019 were yet to be framed.
Terming it manifestly illegal, IUML said if the Centre’s notification was implemented and citizenship was given to persons on the basis of their religion, and, thereafter, if this Court struck down the Amendment Act and rules providing citizenship on the basis of religion was declared void, it would be impossible to implement the order.
“In exercise of powers conferred under Section 16 of the Citizenship Act, 1955 (57 of 1955), the central government hereby directs that powers exercisable by it for registration as citizen of India under Section 5, or for grant of certificate of naturalisation under section 6 of the Citizenship Act 1955 in respect of any person belonging to minority community in Afghanistan, Bangladesh and Pakistan namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, residing in the districts mentioned and the states mentioned below,” the MHA notification read.