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Supreme Court refuses to stay CAA

On Tuesday (19th March), the Supreme Court refused to put an interim stay on the Citizenship Amendment Act (CAA) and asked the Centre to file its response in 3 weeks.

The apex court gave the ruling while hearing a batch of 237 pleas seeking to stay the law itself and/or the Citizenship Amendment Rules 2024. The court has scheduled the matter for 9th April, seeking the Union’s response.

The three-judge bench comprising Chief Justice DY Chandrachud, and Justices JB Pardiwala and Manoj Misra adjourned the hearing on Solicitor General Tushar Mehta’s request. Notably, the Centre, represented by SG Mehta, had sought time from the court to file a reply to the petitions.

Noting that the act doesn’t affect any petitioner, the Solicitor General said, “It does not take away citizenship of anyone. There is no prejudice caused to the petitioners. What is done is, those who have migrated…no new person is given, those who entered before 2014.”

He argued, “There are 237 petitions. 20 applications have been filed for stay. I need to file a reply. I was seeking time. I need time to collate etc.”

The court ordered, “We direct that the proceedings be listed after three weeks. File the reply only in one case. Response not needed in all the petitions. Reply can oppose the interim prayer. We will keep this on April 9.”

During the hearing, SG Mehta slammed one of the petitioners’ counsel, Advocate Nizam Pasha for needlessly dragging NRC into CAA issue.

Mehta said, “NRC is not an issue (in this case). This attempt was made outside the court four years back. Misleading people that you will be out of NRC. Same thing Mr.Pasha did. NRC is not an issue here. Grant of citizenship is. Please don’t do this.”

The petitions have sought a stay on the rules till the top court disposes of the petitions challenging the constitutional validity of the CAA 2019. The Centre had recently notified the rules on 11th March, nearly four years after it was cleared by Parliament.

The Lok Sabha, on 9th December 2019, passed the Citizenship (Amendment) Bill 2019 while the Rajya Sabha passed it on 11th December 2019.

Addressing the Parliament at the time, Union Home Minister Amit Shah reiterated that the Bill is not against any minority in India and the rights of each Indian Citizen will be equally protected.

Shah had said that the Citizenship (Amendment) Bill 2019, will give a new ray of hope to persecuted minorities who have migrated to India after facing persecution on the grounds of religion in Pakistan, Afghanistan, and Bangladesh.

Source: OpIndia

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