NEW DELHI, March 26 - The Supreme Court has sought the presence of Chief Secretary and Home Secretary of Assam before it to decide whether a judicial decision of the foreigners tribunal (FT) will supersede the decision of the National Register of Citizens (NRC) authorities.
A bench headed by Chief Justice of India (CJI) Ranjan Gogoi sought the presence of both the secretaries on Thursday to assist it in deciding the issue when the court will hear the matter again.
The court order today said that while the State of Assam and the Government of India have submitted that as per the provisions of paragraph 3(2) of the Schedule of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, the judicial verdict would prevail and endure notwithstanding the executive exercise of preparing the NRC.
During the hearing, senior advocate Kapil Sibal appearing for the petitioners argued that if the name of a person included in the NRC is deleted on the ground that he was a foreigner or an illegal migrant, he should have a right of appeal or right to approach the appropriate forum, as the case may be, against the exclusion of his name from the NRC.
Sibal further submitted that against such an exercise though the statute may not have provided a remedy of appeal, such a remedy may be carved out by this court in exercise of jurisdiction under Article 142 of the Constitution.
The court asked petitioners to show how the Supreme Court can pass orders to create a right to appeal and an appellate authority in case of contradicting orders. �What happens if the decision of foreigners tribunal says one thing and the NRC decides the opposite,� asked the CJI.