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Tribune News Service
New Delhi, February 5
The Supreme Court on Tuesday came down heavily on the Centre for seeking suspension of the Assam National Registry of Citizens process during ensuing Lok Sabha polls due to non-availability of enough security personnel
"We are sorry to say this. The MHA (Ministry of Home Affairs) is hell bent on not to carry on the NRC process and it is destroying entire efforts being made by this court," said a Bench of Chief Justice of India Ranan Gogoi and Justice Rohinton F Nariman.
The Final Draft NRC list was published on July 30 last year in which 2.89 crore names out of the 3.29 crore people were included while 40,70,707 people failed to make it to the list. Of those left out 37,59,630 names had been rejected and the remaining 2,48,077 were put on hold. Assam, which had faced influx of people from Bangladesh since the early 20th century, is the only state to have an NRC, first prepared in 1951.
The court’s outburst came after Attorney General KK Venugopal requested it to suspend the Assam NRC process from the last date of submission of nomination papers till two weeks after the date of polls as 167 companies of Central Armed Police Forces (CAPF), currently engaged in Assam NRC work, would be sent to other parts to maintain law and order during election.
"Do you want us to summon the home secretary and other officers concerned?" asked the Bench, apparently dissatisfied with the MHA’s response over the availability of CAPF and the total number of companies which would be needed during polls.
Reiterating that it would not extend the July 31 deadline for finalisation of NRC, the Bench ordered that 3,457 state government officers be kept free for NRC work and asked the Election Commission to "examine the case of exemption of officers, in the rank of District Magistrates, Additional District Magistrates...From transfers which are likely to be made in view of the elections".
"If you have the will then there are 100 ways to do the work. The Government of India is not cooperating at all. The NRC process is being stalled. The elections are definitely to be held peacefully and in order. Likewise, the NRC work has to go on peacefully and in order. Are we asking too much from the government?” it said, posting the matter for further hearing in the first week of March.
Hours after the court’s outburst, Home Minister Rajnath Singh said government was committed to completion of NRC within stipulated time and it will ensure no Indian was excluded and no foreigner was included in it.
During the hearing, Attorney General and Solicitor General Tushar Mehta, representing Assam government, tried to persuade the Bench but the Bench simply said they had not been briefed properly in the matter.
Earlier, Mehta briefed the Bench about the January 29 meeting between Assam chief secretary, NRC co-ordinator Prateek Hajela and the EC Secretary.
Venugopal said in 2014 Lok Sabha polls, 2,500 CAPF companies were deployed and this year, around 2,700 such companies would be needed to ensure law and order. He said 167 CAPF companies, which are presently overseeing NRC works in Assam, would be sent to other parts of the country during elections.
"You (Centre) have 3,000 combined armed companies. You need 2,700 companies for polls. Assam NRC work requires 167 companies. So what is the problem?" the bench asked.
"We need to protect the borders also. Security of country is involved," Venugopal said, adding that the government wanted suspension of NRC work from the date of notification of Lok Sabha polls to two weeks after the voting.
Venugopal said it was anticipated to be a "highly surcharged political atmosphere" on the eve of elections and hearing of the NRC cases would not be conducive.
'Will meet deadline'
Home Minister Rajnath Singh said later on Tuesday that the government was committed to meeting its deadline on the NRC process in Assam.
He also said the home ministry wants that the National Register of Citizens, a list of Assam's residents, is completed with fairness and for this the state government has been provided with all necessary assistance, including funds.
"Our government is committed to complete the update of NRC within the stipulated time so that no foreigner is included in it and no Indian is left out," he said.
The home minister said the central government has also sent paramilitary forces to Assam so that law and order is maintained while completing the huge task of the NRC process.
He said it is the NDA government which has expedited the process of the update of the NRC, which has been pending for 30 years ever since the Assam Accord was signed in 1985.
It was expedited by the NDA government and the present BJP government in Assam in a manner that the NRC process has reached the final stage, he said.
Singh said the final draft of the NRC was published on July 30, 2018 and the claims and objections process completed by December 31, 2018.
There has been a huge controversy over the exclusion of 40 lakh people from the draft NRC, which included the names of 2.9 crore people out of the total applications of 3.29 crore.
The NRC exercise, aimed at identifying illegal immigrants in the state that borders Bangladesh, was carried out only in Assam, which faced influx of people from Bangladesh since the early 20th century.
When the NRC was first prepared in Assam way back in 1951, the state had 80 lakh citizens.
As per the 2011 census, Assam's total population is over 3.11 crore. The process of identification of illegal immigrants in Assam has been widely debated and become a contentious issue in the state's politics.
A six-year agitation demanding identification and deportation of illegal immigrants was launched by the All Assam Students Union (AASU) in 1979.
It culminated with the signing of the Assam Accord on August 15, 1985, in the presence of then prime minister Rajiv Gandhi. With PTI
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