Wednesday, Mar 20, 2024 09:15 [IST]
Last Update: Wednesday, Mar 20, 2024 03:45 [IST]
NEW DELHI, (IANS): The Supreme Court on Tuesday declined to pass any interim order
staying the implementation of the rules notified by the Union Home Ministry
under the Citizenship Amendment Act (CAA).
Emphasising that the Union government must be given a
reasonable time to respond to the interlocutory applications challenging the
introduction of 2024 Citizenship Amendment Rules, a Bench headed by Chief
Justice of India, DY Chandrachud, posted the matter for further hearing on
April 9.
The Bench, also comprising Justices JB Pardiwala and
Manoj Misra, refused to pass any direction subjecting grant of citizenship
under the impugned law to the outcome of the petitions challenging the validity
of CAA.
Solicitor General (SG) Tushar Mehta, appearing for the
Centre, pleaded that the impugned law does not take away but grants citizenship
and hence, no prejudice must be caused to the petitioners on implementation of
the CAA.
Referring to the multiple applications filed seeking stay
on implementation of the Citizenship Amendment Rules, SG Mehta added that all
these applications had not been served on them and a four-week time may be
allowed for filing of reply.
On the other hand, Senior Advocate Kapil Sibal, appearing
on behalf of the petitioners, strongly pressed for a stay on implementation of
the Citizenship Amendment Rules.
“The problem is if somebody gets citizenship, it will be
irreversible to reverse it and these petitions (challenging CAA) will get
infructuous,” Sibal argued.
He reiterated that the top court in 2019 did not pass any
stay order on implementation of the CAA because of non-existence of the rules.
Last week, the top court had agreed to urgently list the
pleas seeking a stay on implementation of the Citizenship Amendment Rules.
In its application, Indian Union Muslim League (IUML)
stated the rules notified under CAA are manifestly arbitrary and created an
unfair advantage in favour of a class of persons on the ground solely of their
religious identity, which is impermissible under Articles 14 and 15 of the
Constitution.
It added that around 250 petitions challenging the
provisions of the CAA are pending before the Supreme Court and in case CAA is
held to be unconstitutional, an “anomalous situation” would arise when people
who would have got citizenship under the impugned Act and Rules would have to
be stripped of their citizenship.
“Therefore, it is in the best interest of every person to
defer the implementation of CAA and impugned rules till this Hon'ble Court
finally decides the matter…The Petitioner had pressed for a stay of the
implementation of the provisions of the impugned Act.
“However, the Union of India had told this Hon'ble Court
that the rules have not been framed and therefore the implementation will not
take place. The Writ Petition has been pending for the last 4.5 years,” the
application said.
The CAA 2019 grants citizenship to non-Muslim migrants
who had come from Pakistan, Bangladesh, and Afghanistan on or before December
31, 2014.