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Assam Public Works v. Union of India & Ors.

Pursuant to the order dated 31.07.2018 the Deputy Secretary to the Government of India, Ministry of Home Affairs, has filed an affidavit dated 13.08.2018 enclosing thereto the modalities/standard operating procedure for filing and disposal of claims and objections leading to the publication of the final National Register of Citizens (NRC).

(Ranjan Gogoi and Rohinton Fali Nariman, JJ.)

Assam Public Works ______________________________ Petitioner

v.

Union of India & Ors. ___________________________ Respondent(s)

Writ Petition(s) (Civil) No(s). 274/2009, decided on August 16, 2018

                                                                                     

(I.A. No. 22616/2018 – Impleading Party 105327/2018-Appropriate Orders/Directions 86040/2018-Clarification/Direction 86036/2018-Clarification/Direction 105666/2018-Exemption From Filing O.T. IA 10/2013-Intervention Application 103961/2018-Intervention Application)

With

W.P.(C) No. 562/2012 (X) I.A.1/2012-STAY APPLICATION) I.A. No. 24/2017, IA.25/2017- Impleadment IA 41036/2017 Intervention Application IA 92739/2018-Intervention Application W.P.(C) No. 916/2014 (PIL-W) (IA 2/2015 For Permission to File Annexures) IA 3/2015 For Exemption From Filing O.T. IA No. 119677/2017-impleading party I.A.1/2014-Stay Application) W.P.(C) No. 876/2014 (X) (I.A.1/2014-Stay Application) W.P.(C) No. 311/2015 (X) I.A. No. 2/2015 I.A. No. 1/2015-Seeking Leave to File Written Arguments W.P.(C) No. 449/2015 (X) (IA 1/2015) W.P.(C) No. 450/2015 (X) (IA 1/2015) W.P.(C) No. 68/2016 (PIL-W) (IA No. 1/2017- Intervention Application) W.P.(C) No. 470/2018 (X) (For Admission and I.R. and IA No. 69948/2018-Exemption From Filing O.T.) Diary No(s). 20944/2018 (XIV) (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(s). 21368/2018 (XIV) (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(s). 21377/2018 (XIV) (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(s). 21959/2018 (XIV) (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)

The Order of the court was delivered by

Order

1. Pursuant to the order dated 31.07.2018 the Deputy Secretary to the Government of India, Ministry of Home Affairs, has filed an affidavit dated 13.08.2018 enclosing thereto the modalities/standard operating procedure for filing and disposal of claims and objections leading to the publication of the final National Register of Citizens (NRC).

2. We have read and considered the standard operating procedure filed before the Court. At this stage without commenting on any of the modalities suggested on behalf of the Union of India in consultation with the Government of Assam, Registrar General of India and State Coordinator for NRC, we are of the view that the following stake-holders ought to be given time until 25th August, 2018 to indicate their views in the matter:

(1) Assam Public Works (Petitioner in W.P (C) No. 274/2009)

(2) Assam Sanmilita Mahasangha (An indigenous Peoples organisation of Assam)

(3) National Democratic Front of Bodoland (Progressive)

(4) Indigenious Tribal Peoples Federation

(5) All Assam Bhojpuri Parishad (2 to 5 are petitioners in W.P (C) No. 562/2012)

(6) Joint Action Committee for Bangali Refugees (Petitioner in W.P (C) No. 916/2014)

(7) All Assam Minorities Students’ Union (AAMSU)

(8) Jamait Ulama-i-Hind

3. We further direct that from 20th August, 2018 blank claim/objection form will be made available to the public as suggested under the heading ‘Timelines’ in the document framed as standard operating procedure filed along with the affidavit dated 13.08.2018. We also direct that receipt of claims and objections from the public will commence on and from 30th August, 2018.

4. The State Coordinator, Shri Prateek Hajela, is directed to make available copies of the final draft NRC in all Panchayat offices and such other places so as to make access to the draft NRC freely available.

5. The State Coordinator is also directed to file in Court, in a sealed cover, the percentage of the population in each district (district-wise) who have been left out of the final draft NRC.

6. The aforesaid information be laid before the Court by the State Coordinator on or before 25th August, 2018.

7. The matter will be considered again on 28th August, 2018 at 2.00 p.m.

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