CAA Row: Assam Assembly Opposition Leader Files Interim Plea in SC

CAA, Supreme Court

Opposition leader in Assam Assembly, Debabrata Saika, along with Congress MP Abdul Khaliq, has lodged an interim plea in the Supreme Court to halt the enforcement of the Citizenship Amendment Rules 2024, enacted on March 11. They contend that these regulations breach the Assam Accord and are unconstitutional.

Their petition, an extension of a 2019 writ challenging the Citizenship Amendment Act 2019, highlights the Act’s specific ramifications for Assam, citing violations of constitutional principles like equality, secularism, and non-discrimination. The plea underscores concerns regarding the Act’s lack of clarity, arguing it’s arbitrary and extends beyond religious boundaries. They advocate for the inclusion of Sri Lankan Eelam Tamils, considering their persecution based on both religion and ethnicity.

Furthermore, the plea addresses Clause 5.8 of the Assam Accord, emphasizing the contradiction in granting citizenship to non-Muslim illegal immigrants, thus undermining the Accord’s objectives and Assam’s socio-cultural integrity.

The plea points out the disparity in treatment before the law, where non-Muslims excluded from the National Register of Citizens (NRC) list are shielded under the Act, while Muslims face the prospect of Foreigners Tribunal proceedings, leading to arbitrary application of the law.

Prior to this, the All Assam Students Union (AASU) filed a petition urging the Supreme Court to annul the Citizenship Amendment Rules 2024, arguing its conflict with the Assam Accord and Section 6 of the Citizenship Act 1955, claiming it legitimizes illegal immigration and threatens indigenous culture.

Concurrently, the Indian Union Muslim League (IUML) submitted an application on March 12, seeking a suspension of the Citizenship Amendment Rules 2024. As the lead petitioner challenging the CAA, IUML contends that the Act’s religious classification renders it prima facie unconstitutional, warranting immediate judicial intervention.

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-Ashish Kumar Sinha -Editor Legally Speaking -Ram Nath Goenka awardee - 14 Years of Experience in Media - Covering Courts Since 2008