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SC orders reverification of 10 pc people excluded from draft NRC

By SPL CORRESPONDENT
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NEW DELHI, Aug 28 - The Supreme Court today ordered reverification of 10 per cent of the people who were excluded from the National Register of Citizens (NRC) draft published recently.

A bench of Justices Ranjan Gogoi and RF Nariman said the reverification of those excluded from NRC was a �sample survey� for the satisfaction of the court.

The Supreme Court directed NRC State Coordinator Prateek Hajela to give a time-frame that would be required for the verification of the sample of 10 per cent of the left out people in each of the 27 districts of Assam.

�We want to examine the correctness of the preparation of the draft NRC by means of sample verification of at least 10 per cent of those who are left out,� Justice Gogoi told Hajela referring to a report submitted by the State Coordinator on the percentage-wise break-up of the people not included in the draft NRC district-wise.

In the last hearing of the matter on August 16, the court had asked Hajela to file in a sealed cover �the percentage of the population in each district (district-wise) who have been left out of the final draft NRC.�

The apex court also deferred the scheduled date of August 30 for receipt of claims and objections to the draft NRC, as it pointed out certain contradictions in the Centre�s Standard Operating Procedure (SOP) for filing them.

The top court raised doubts over the Centre�s proposal to allow a claimant to change his/her legacy document for inclusion in the draft.

Meanwhile, the Supreme Court sought a report on the ramifications, including advantages and disadvantages, of giving another opportunity to the 40 lakh people, who were not included in the final draft NRC.

The bench directed Hajela to submit the report by September 4.

Fixing the next hearing for September 5, the top court made it clear that the confidential note should be submitted to the court alone.

Earlier, Justice Gogoi asked Attorney General KK Venugopal: �Why calling for documents (to prove legacy)? Why are you giving second chance? Would it not amount to redoing of the exercise at the stage of (receiving) claims and objections?�

Justice Gogoi also asked: �Will there be no tinkering with the family tree? Once he claims lineage to father, and then to grandfather. Would it not amount to tinkering with the family tree? For that person, the family tree will have to be recreated.�

Is it necessary for reopening of the entire exercise in the name of claims and objections, Justice Gogoi asked the Attorney General.

Defending the provision in the SOP, Attorney General Venugopal said that documents relating to family tree are not the only documents, there are other documents in support of their claims for inclusion in the NRC.

At this, Justice Gogoi referred to the submission by the then Additional Solicitor General PS Patwalia telling the court that the family tree is the process through which the lineage of a person can be established.

�We have the family tree when we deal with succession cases and in the instant case a large number of people farmers, labourers go from place to place to collect documents in support of their lineage or nativity,� Venugopal told the court.

�You want to give them (those left out of NRC) another chance,� Justice Gogoi said, adding, �We will hold hearing (on the issue) next week and extend the date for receiving claims and objections.�

Referring to the consequences of their non-inclusion in the draft NRC, the Attorney General said, �You may not deport them. They can�t have land and jobs.�

At this, Justice Nariman said, �Consequences are so serious that those left out of the NRC are not citizens, and they lose all. It is a human problem.�

Meanwhile, the Supreme Court issued notices in response to an affidavit filed by the transgender community against their names excluded from the draft NRC.

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SC orders reverification of 10 pc people excluded from draft NRC

NEW DELHI, Aug 28 - The Supreme Court today ordered reverification of 10 per cent of the people who were excluded from the National Register of Citizens (NRC) draft published recently.

A bench of Justices Ranjan Gogoi and RF Nariman said the reverification of those excluded from NRC was a �sample survey� for the satisfaction of the court.

The Supreme Court directed NRC State Coordinator Prateek Hajela to give a time-frame that would be required for the verification of the sample of 10 per cent of the left out people in each of the 27 districts of Assam.

�We want to examine the correctness of the preparation of the draft NRC by means of sample verification of at least 10 per cent of those who are left out,� Justice Gogoi told Hajela referring to a report submitted by the State Coordinator on the percentage-wise break-up of the people not included in the draft NRC district-wise.

In the last hearing of the matter on August 16, the court had asked Hajela to file in a sealed cover �the percentage of the population in each district (district-wise) who have been left out of the final draft NRC.�

The apex court also deferred the scheduled date of August 30 for receipt of claims and objections to the draft NRC, as it pointed out certain contradictions in the Centre�s Standard Operating Procedure (SOP) for filing them.

The top court raised doubts over the Centre�s proposal to allow a claimant to change his/her legacy document for inclusion in the draft.

Meanwhile, the Supreme Court sought a report on the ramifications, including advantages and disadvantages, of giving another opportunity to the 40 lakh people, who were not included in the final draft NRC.

The bench directed Hajela to submit the report by September 4.

Fixing the next hearing for September 5, the top court made it clear that the confidential note should be submitted to the court alone.

Earlier, Justice Gogoi asked Attorney General KK Venugopal: �Why calling for documents (to prove legacy)? Why are you giving second chance? Would it not amount to redoing of the exercise at the stage of (receiving) claims and objections?�

Justice Gogoi also asked: �Will there be no tinkering with the family tree? Once he claims lineage to father, and then to grandfather. Would it not amount to tinkering with the family tree? For that person, the family tree will have to be recreated.�

Is it necessary for reopening of the entire exercise in the name of claims and objections, Justice Gogoi asked the Attorney General.

Defending the provision in the SOP, Attorney General Venugopal said that documents relating to family tree are not the only documents, there are other documents in support of their claims for inclusion in the NRC.

At this, Justice Gogoi referred to the submission by the then Additional Solicitor General PS Patwalia telling the court that the family tree is the process through which the lineage of a person can be established.

�We have the family tree when we deal with succession cases and in the instant case a large number of people farmers, labourers go from place to place to collect documents in support of their lineage or nativity,� Venugopal told the court.

�You want to give them (those left out of NRC) another chance,� Justice Gogoi said, adding, �We will hold hearing (on the issue) next week and extend the date for receiving claims and objections.�

Referring to the consequences of their non-inclusion in the draft NRC, the Attorney General said, �You may not deport them. They can�t have land and jobs.�

At this, Justice Nariman said, �Consequences are so serious that those left out of the NRC are not citizens, and they lose all. It is a human problem.�

Meanwhile, the Supreme Court issued notices in response to an affidavit filed by the transgender community against their names excluded from the draft NRC.

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