Supreme Court Notice on CAA Challenge
The Supreme Court has taken a significant step by issuing notice to the union government regarding a series of pleas seeking to stay the Citizenship Amendment Act (CAA) and the Citizenship Amendment Rules 2024. The court has scheduled the matter for hearing on April 9, seeking a response from the Union in this regard.
Bench and Adjournment
A bench comprising Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, adjourned today’s hearing following a request from Solicitor General Tushar Mehta. The decision to postpone the hearing was made to allow the Union sufficient time to respond comprehensively to the batch of applications filed.
AIMIM Chief’s Representation
Advocate Nizam Pasha, representing AIMIM chief Asaduddin Owaisi, highlighted a crucial point during the proceedings. He pointed out that the Centre’s counter affidavit, opposing a stay on the Act, had already been filed. Pasha emphasized that the Union’s request for additional time seemed redundant considering the existing documentation.
Request for Assurance
Senior Advocate Indira Jaising urged Solicitor General Mehta to provide assurance that, pending the hearing, no individuals would be granted citizenship under the CAA. However, Senior Advocate Ranjit Kumar, representing a Hindu immigrant from Balochistan, countered this argument by citing cases of persecution. The exchange underscored the complexity of the issue at hand.
Processing Citizenship Applications
The discussion also delved into the practical implications of processing citizenship applications under the CAA. Counsel representing various petitioners raised concerns about potential prejudice and the need for clarity regarding the status of applicants. The debate highlighted the urgency of addressing the legal ambiguities surrounding the CAA.
Clarity in Court Order
Amidst the legal arguments, there was a call for clarity in the court’s order regarding the grant of citizenship during the interim period. Chief Justice Chandrachud emphasized the need for clarity but also noted the lack of infrastructure and processes in place for processing citizenship applications. This acknowledgment underscored the challenges faced by the government in implementing the CAA.
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