(Ranjan Gogoi, C.J. and Rohinton Fali Nariman, J.)
Assam Public Works _________________________________ Petitioner;
v.
Union of India and Others _________________________ Respondent(s).
Writ Petition (Civil) No(s). 274/2009, decided on October 23, 2018
(I.A. No. 125532/2018-Appropriate Orders/Directions IA No. 105327/2018-Appropriate Orders/Directions IA No. 86040/2018-Clarification/Direction IA No. 86036/2018-Clarification/Direction IA No. 125538/2018-Exemption From Filing O.T. IA No. 105666/2018-Exemption From Filing O.T. IA No. 103961/2018-Intervention Application IA No. 10/2013-Intervention Application IA No. 121861/2018-Intervention Application IA No. 125524/2018-Intervention/Impleadment) With W.P.(C) No. 562/2012 (X) (301.1) IA No. 1/2012-Stay Application IA No. 24/2017 IA No. 25/2017 IA No. 41036/2017-Intervention/Impleadment Application IA No. 92739/2018-Intervention Application W.P.(C) No. 916/2014 (PIL-W) (301.2) IA 2/2015 For [Permission to File Annexures] IA 3/2015 For Exemption From Filing O.T. and IA No. 119677/2017-Impleading Party) IA No. 1/2014-Stay Application W.P.(C) No. 876/2014 (X) (301.3) [IA No. 1/2014-Stay Application] W.P.(C) No. 311/2015 (X)(301.4) (IA 2/2015 IA No. 1/2015-Seeking Leave to File Written Arguments) W.P.(C) No. 449/2015 (X) (301.5) (FOR ON IA 1/2015) W.P.(C) No. 450/2015 (X) (301.6) (IA 1/2015) W.P.(C) No. 68/2016 (PIL-W) (301.7) IA No. 1/2017-Intervention Application W.P.(C) No. 470/2018 (X) (301.8) (For Admission and I.R. and IA No. 69948/2018-Exemption From Filing O.T.) Diary No. 20944/2018 (XIV) (301.9) (For Admission and I.R. and IA No. 80351/2018-Condonation of Delay in Filing and IA No. 80352/2018-Exemption From Filing C/C of the Impugned Judgment and IA No. 80350/2018-Permission to File SLP/TP) Diary No. 21214/2018 (XIV) (301.10) (IA No. 84178/2018-Condonation of Delay in Filing) Diary No. 21368/2018 (XIV) (301.11) (For Admission and I.R. and IA No. 82085/2018-Condonation of Delay in Filing and IA No. 82087/2018-Exemption From Filing C/C of the Impugned Judgment and IA No. 82088/2018-Intervention/Impleadment and IA No. 82084/2018-Permission to File SLP/TP and IA No. 82086/2018-Permission to File Additional Documents) Diary No. 21377/2018 (XIV) (301.12) (For Admission and I.R. and IA No. 92415/2018-Condonation of Delay in Filing and IA No. 92417/2018-Exemption From Filing C/C of the Impugned Judgment and IA No. 92411/2018-Permission to File SLP/TP and IA No. 92419/2018-Condonation of Delay in Refiling) Diary No. 21959/2018 (XIV) (301.13) (For Admission and I.R. and IA No. 82961/2018-Condonation of Delay in Filing and IA No. 82962/2018-Exemption From Filing C/C of the Impugned Judgment and IA No. 82959/2018-Permission to File SLP/TP) W.P.(C) No. 1047/2018 (X) (301.14) (For Admission and IA No. 125802/2018-Exemption From Filing O.T.)
The Order of the court was delivered by
Order
1. Pursuant to the order of this Court dated 19-9-20181 Shri Prateek Hajela, learned State Coordinator, NRC, Assam has submitted two reports; one in sealed cover which will not call for any orders for the moment save and except, that the court has noted the contents thereof. The second report dated 4th October, 2018 contains, in detail, the reasons as to why Shri Hajela considers it inexpedient to allow claims for inclusion in the NRC to be filed on the basis of the five (05) documents description of which have been given in the previous order of this Court dated 19-9-20181 and the admissibility, etc. of which have been kept open by the aforesaid order dated 19-9-20181.
2. At this stage, we are of the view that all the stake holders including the State of Assam and the Union of India should be allowed to file their objections to the stand taken by Shri Hajela in his aforesaid report dated 4th October, 2018, a copy whereof would be furnished by the Registry of this Court to the following stake-holders in the next two days:
1. State of Assam
2. Union of India
3. All Assam Students Union
4. All Assam Minorities Students’ Union
5. Jamait Ulama-i-Hind
6. Assam Public Works
7. Assam Sanmilita Mahasangha
8. National Democratic Front of Bodoland (Progressive)
9. Indigenous Tribal Peoples Federation
10. Joint Action Committee for Bangali Refugees
3. The written objections of the aforesaid stake-holders will be brought on record on or before 30th October, 2018. The matter will be heard on 1st November, 2018.
4. To enable all the stake-holders to respond to the stand taken by Shri Hajela in his report dated 4th October, 2018, which would require a deep insight into the mechanism of the manual family tree as well as the computer family tree which is the basic exercise that was undertaken before preparation of the final draft NRC, we direct Shri Prateek Hajela, learned Coordinator, NRC, Assam to give a power-point presentation of the manner in which he had proceeded in preparation of the manual and the computer family tree for the purposes of deciding on the inclusion of names in the draft NRC. The power-point presentation will be given by Shri Hajela to the officials of the Government of Assam and the Union of India in the presence of Shri Tushar Mehta, learned Solicitor General or his authorized representative(s) as may be and also in the presence of one representative of all the other stake-holders who agree to be represented by Shri Kapil Sibal, learned Senior Counsel of this Court.
5. Once such written objections are received on or before the date fixed i.e. 30th October, 2018, further orders in the matter will be passed on 1st November, 2018.
6. Office to list the case accordingly.
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1 Assam Public Works v. Union of India, WP(C) No. 274 of 2009, order dated 19-9-2018 (SC)
