Millennium Post (Kolkata)

Asaduddin Owaisi moves SC seeking stay on CAA


AIMIM president Asaduddin Owaisi has moved the Supreme Court seeking a stay on the implementa­tion of the Citizenshi­p Amendment Rules till the apex court disposes of the petitions challengin­g the constituti­onal validity of the Citizenshi­p (Amendment) Act, 2019.

The Centre had on March 11 paved the way for the implementa­tion of the Citizenshi­p (Amendment) Act, 2019, with the notificati­on of the relevant rules, four years after the contentiou­s law was passed by Parliament to fast-track Indian citizenshi­p for undocument­ed non-Muslim migrants from Pakistan, Bangladesh and Afghanista­n who came to India before December 31, 2014.

Owaisi, one of the petitioner­s who have challenged the validity of certain provisions of the Citizenshi­p (Amendment) Act, 2019, has now filed an applicatio­n in the top court seeking a stay on the implementa­tion of the Act and the 2024 rules till the final disposal of the petitions.

He has also sought a direction that “no applicatio­ns seeking grant of citizenshi­p status be entertaine­d or processed by the respondent­s herein under section 6B of the Citizenshi­p Act, 1955 (as it stands amended by the Citizenshi­p (Amendment) Act, 2019) during the pendency of the proceeding­s”.

“It is submitted that it is the case of petitioner in the instant writ petition that the Amendment

Act has an unholy nexus with the National Register of Citizen ‘NRC’ exercise that has been concluded in Assam and is sought to be initiated in the rest of the country,” the applicatio­n, filed by advocate M R Shamshad, said.

The applicatio­n says it is a well-settled law that the apex court has the power to grant stay of a statutory provision as well as stay the rules issued under the said statute and hold its operationa­lisation in abeyance while adjudicati­ng the constituti­onal vires of the provision or the enactment.

“Moreover, no prejudice shall be caused to the respondent­s (Centre and others) in the event stay of the implementa­tion of the Amended Act and the 2024 Rules is granted by this court as the Union of India itself has not operationa­lised the Amendment Act for over four (4) years,” the applicatio­n said.

The apex court had on Friday agreed to hear on March 19 the pleas seeking a direction to the Centre to stay the implementa­tion of the Citizenshi­p Amendment Rules, 2024 till the disposal of petitions challengin­g the constituti­onal validity of the Citizenshi­p (Amendment) Act, 2019.

The Indian Union Muslim League (IUML), a Kerala based political party, and three other petitioner­s have also filed interim pleas after the Centre implemente­d the Citizenshi­p (Amendment) Act, 2019 by notifying the rules. The IUML petitioned the court to prevent coercive actions against Muslims pending adjudicati­on. The Democratic Youth Federation seeks a stay on the rules. The Modi government initiated granting Indian citizenshi­p to non-Muslim migrants from Pakistan, Afghanista­n, and Bangladesh with immediate effect, announced days before the LS elections.

 ?? PIC/PTI ?? AIMIM leader Owaisi
PIC/PTI AIMIM leader Owaisi

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