SC to hear pleas seeking stay on CAA on April 9

Govt. refuses to state that it would refrain from granting fast-tracked citizenship to non-Muslim migrants from Afghanistan, Bangladesh and Pakistan during the pendency of the case

he Supreme Court on Monday agreed to consider the question of staying the operation of the rules notified under the Citizenship (Amendment) Act or CAA on April 9, days before the first phase of the Lok Sabha election, even as the government refused to make a statement that it would not grant fasttracked citizenship to nonMuslim migrants from Afghanistan, Bangladesh and Pakistan during the pendency of the case.

“I am not ready to make any statement,” SolicitorGeneral Tushar Mehta, appearing for the Centre, said.

A threejudge Bench headed by Chief Justice of

TIndia D.Y. Chandrachud sought to calm the apprehensions of 237 petitioners that the government would go ahead and implement the CAA rules in the meantime.

“They do not even have the infrastructure in place,” Chief Justice Chandrachud told the petitioners’ side, led by senior advocates Kapil Sibal and

Indira Jaising.

However, Ms. Jaising, for Trinamool Congress leader Mahua Moitra, cautioned the court against relying on a “hopeandtrust jurisprudence” in favour of the government.

“But we are here,” the Chief Justice assured her. Mr. Sibal and advocate Haris Beeran, for the Indian Union Muslim League, said they should be given the liberty to mention in court if the government began the citizenship process under CAA.

Violation of rights

Mr. Sibal said if the Centre could wait nearly five years to notify the CAA rules, they could wait till July 2024. He said citizenship, once granted, was irreversible. Fasttracking citizenship based on the religious identity of a person violated the fundamental rights to nondiscrimination and equality under the Constitution.

Advocate Kaleeswaram Raj supported the argument, noting that the top court had stayed the controversial farm laws.