People excluded from Assam’s citizens’ register can file their claims for their inclusion in the final draft NRC from September 25, the Supreme Court decided on Wednesday. The window will tentatively remain open for 60 days.
The applicants will have to rely on one of the 10 documents that Assam’s National Register of Citizens coordinator Prateek Hajela had okayed from the list of 15 documents suggested in the centre’s standard operating procedures.
A bench of justices Gogoi and Rohinton F Nariman said those wanting to rely upon the five documents about which Hajela had expressed reservations would get a chance once the coordinator gives his views on Centre’s new SOP.
“We are not shutting out the rest of the five documents. All that we are saying is that at this stage, claims and objections shall be filed on the basis of 10 documents.” Justice Ranjan Gogoi said.
Hajela’s report has raised apprehensions over the validity of the five documents.
10 documents that can be used to claim for inclusion in the NRC
- Land documents like Registered Sale Deed, Records of land rights up to 24th March, 1971 (midnight)
- Permanent Residential Certificate issued from outside the State upto 24th March, 1971 (midnight)
- Life Insurance Corporation of India Insurance Policy (LICI) of relevant period upto 24th March, 1971 (midnight)
- Any license/certificate issued by any Government authority of relevant period i.e. upto 24th March, 1971 (midnight)
- Bank/Post Office Accounts of relevant period i.e. up to 24th March, 1971 (midnight)
- Birth Certificates issued by the competent authority up to 24th March, 1971 (midnight)
- Educational certificate issued by Board/Universities up to 24th March, 1971 (midnight)
- Records/processes pertaining to court up to 24th March, 1971 (midnight) provided they are part of a processing in a Judicial or Revenue Court.
Justice Nariman said it is felt that these documents can be forged.
The judges, who will hear the case next on October 23, said it would take a decision on allowing the five new documents after getting Hajela’s views.
The top court also ordered Prateek Hajela, Assam’s coordinator for the national register of citizens, or NRC, not to reveal the contents of his sealed cover report to anyone including any judicial and legislative authority without its permission.
In this report, the official had given his assessment of the centre’s decision to let claimants file additional admissible legacy and linkage documents.
The bench had earlier objected to the centre’s plan, observing that it would lead to “undesirable consequences” and could effectively mean restarting the whole process.
The centre’s top law officer, Attorney General KK Venugopal and Additional Solicitor General Tushar Mehta, who was representing Assam, tried to impress upon the top court to consider allowing the five documents in light of its new stand.
The home ministry had filed a fresh affidavit that says no change in the family tree by claimants will be permitted at the stage of filing claims and objections.
Two of five documents, Venugopal said, were permitted under the law related to citizenship of Assam residents too. The two documents are electoral roll and NRC draft of 1951.
But the court repeatedly said it will consider allowing the rest of the five documents for filing of claims and objections after a month.
The Supreme Court has also issued notice to the Centre, Assam Government and NRC coordinator on a petition filed on behalf of 2 lakh Gorkhas excluded from the final draft NRC.
The final draft NRC list was published on July 30 in which names of 2.89 crore of the 3.29 crore people were included. The names of 40 lakh people did not figure in the list. Of these, 37,59,630 names have been rejected and the remaining 2,48,077 are on hold.
First Published: Sep 19, 2018 15:37 IST
Source: HindustanTimes