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SC Hearing on CAA Highlights: No stay on CAA-NPR, Assam-Tripura matters segregated; top court bars HCs from hearing pleas on law

SC Hearing on CAA Live Updates: The Supreme Court today made it clear that it will not grant any stay on the Citizenship Amendment Act (CAA) without hearing the Centre. It has given the Centre four weeks to reply to all the generic petitions regarding CAA, while Assam and Tripura specific matters should be responded to within two weeks.

FP Staff January 22, 2020 13:56:32 IST
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SC Hearing on CAA Highlights: No stay on CAA-NPR, Assam-Tripura matters segregated; top court bars HCs from hearing pleas on law

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Jan 22, 2020 - 12:57 (IST)

Shaheen Bagh protesters say resistance will go on 

Jan 22, 2020 - 12:46 (IST)

Nothing wrong with SC order, but top court at best a reluctant warrior, says Yogendra Yadav 

Swaraj India leader Yogendra Yadav, expressed his disappointment with the Supreme Court order on the contentious Citizenship Amendment Act today. Calling the Supreme Court a reluctant warrior in battle to defend Constitution, he urged the citizens to continue their movement against the law. 

"Routine hearing, another 4 weeks. No stay or even postponement of CAA. This SC is at best a reluctant warrior in the battle to defend letter, spirit & soul of the constitution. We the People of India must continue the movement to save the Constitution that we gave to ourselves."

"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?" he tweeted. 

Jan 22, 2020 - 12:23 (IST)

Have another month to carry on protests: Shaheen Bagh protesters react to SC giving Centre more time to respond on CAA pleas

Reacting to the Supreme Court hearing on CAA, the women protestors at Shaheen Bagh in New Delhi told News18, " Next SC hearing is 4 weeks later. We have at least another month of protests ahead of us. One month, one year... protests will continue. We have faith in judiciary."

Jan 22, 2020 - 12:05 (IST)

SC hearing on CAA Latest News Update

 

SC segregates Assam, Tripura matters but all pleas to be heard together, says Bar and Bench

The Supreme Court clubbed together all pleas concerning the states of Assam and Tripura together as both these states have separate agreements with the Centre regarding the preservation of native people. Senior advocate Kapil Sibal has been asked by the court to assist in segragating these please.

However, there seems to be some confusion over whether or not these pleas will be heard separately from the rest of the petitions. According to Bar and Bench, the Supreme Court has segregated these pleas for its own benefit and all the matters will be heard together.  

However, journalist Muralikrishnan and Press Trust of India reported that the court might hear these peitions separately. 

Jan 22, 2020 - 12:00 (IST)

SC hearing on CAA Latest News Update

 

Hearing concludes; no stay on CAA, NRC, govt gets 4 weeks to file reply 

The Supreme Court has reportedly wrapped up the hearing on the case for now. The key takeaways were:

  • The Supreme Court has refused to grant an interim stay on CAA or NRC or NPR and the government is free to implement those laws
  • SC will consider hearing pleas related to Assam and Tripura separately, after Centre files its reply after the given window of two weeks
  • The Centre will have to file replies on all other CAA-related pleas (except those about Assam and Tripura) within four weeks
  • The SC has not referred the matter to a Constitution Bench as of now. However, it showed strong inclination to do that. It said a five-judge Constitution Bench will be set up  to hear the matter.
  • The Supreme Court has also asked the High Courts not to entertain any pleas on CAA until the apex court finish deciding this matter. 

Jan 22, 2020 - 11:34 (IST)

SC hearing on CAA Latest News Update

 

CJI agrees to consider suggestion of treating Assam-related pleas differently, grants Centre 2 weeks to reply

CJI SA Bobde agreed that the challenge to Citizenship Assam Act will have to be bifurcated in two sections - one concerning Tripura and Assam and another one concerning CAA generally. He granted the government two weeks to respond in the Assam-related matters and four weeks to answer the other matters related to CAA. 

Jan 22, 2020 - 11:26 (IST)

SC hearing on CAA Latest News Update

 

CJI agrees to consider suggestion of treating Assam-related pleas differently, grants Centre 2 weeks to reply

CJI SA Bobde agreed that the challenge to Citizenship Assam Act will have to be bifurcated in two sections - one concerning Tripura and Assam and another one concerning CAA generally. He granted the government two weeks to respond in the Assam-related matters and four weeks to answer the other matters related to CAA. 

Jan 22, 2020 - 11:22 (IST)

SC hearing on CAA Latest News Update

 

AASU says Assam's situation on CAA unique, says matter should be treated differently

The Supreme Court is currently hearing 143 petitions concerning the Citizenship Amendment Act. However, a batch of petitioners raising the Assam issue sought to be heard separately. They proposed that the general matter of the CAA and the matter concerning CAA in Assam should be treated differently for the purpose of interim orders as the law presents a unique situation in Assam. 

Jan 22, 2020 - 11:12 (IST)

SC hearing on CAA Latest News Update

 

CAA violates Assam Accord: Petitioner in Supreme Court

Senior Advocate AM Singhvi mentions that many states have started the NPR process. Senior Advocate Vikas Singh presses for an interim order, saying that the law violates Assam Accord. Singh pointed out that people from Bangladesh were allowed to come in till 1971 because they faced persecution, but when the cut off date was revised, it violated the Assam Accord. 

Jan 22, 2020 - 11:06 (IST)

SC hearing on CAA Latest News Update

 

Centre opposes plea for interim order against CAA 

Senior lawyer and Congress leader Kapil Sibal said that the process of NPR is scheduled to start in April, adding that this process should be rescheduled for later. Meanwhile, senior counsel Vikas Singh urges for interim order today itself and raises the issue of the situation in Assam. 

Centre opposed passing of any interim order. The Supreme Court clarifies it will not issue an ex-parte order unless a copy of the petition is served to the Centre.

SC Hearing on CAA Latest Updates:  The Supreme Court today made it clear that it will not grant any stay on the Citizenship Amendment Act (CAA) without hearing the Centre. It has given the Centre four weeks to reply to all the generic petitions regarding CAA, while Assam and Tripura specific matters should be responded to within two weeks.

The Supreme Court started hearing around 143 pleas, both for and against CAA in a packed courtroom. With representatives of all 143 petitioners apparently present in the Chief Justice's court, the room remained packed to the brim. However, this seem to have annoyed CJI SA Bobde, who said that the noise is such that he is unable to hear a thing.

Home Minister Amit Shah on Tuesday asserted that notwithstanding the protest, he is not willing to reconsider the Citizenship Amendment Act or to modify it in an way. This prompted an acerbic tweet from Congress leader Sanjay Jha, who said that 'arrogance' always backfires in politics.

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) at 11.30 am, news reports said. A batch of at least 143 petitions is to come up before the apex court as the case list enlists all related petitions at number four.

A bench, comprising Chief Justice SA Bobde and Justices S Abdul Nazeer and Sanjiv Khanna, which had issued notice to the Centre on various pleas is likely to hear 132 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 31 December, 2014.

SC Hearing on CAA Highlights No stay on CAANPR AssamTripura matters segregated top court bars HCs from hearing pleas on law

Representational image. Reuters

Some of the petitions filed later have also sought a stay on the operation of the legislation which came into force on 10 January. The apex court had on 9 January 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 12 December, 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 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 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 ML Sharma, and law students have also approached the apex court challenging the Act.

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