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News Mantra: Exclusive

SC refuses to stay CAA, NPR

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.

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.

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.

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

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