SC issues notice to Centre on plea seeking to stop harassment of particular community in Assam

The Supreme Court on Monday issued a notice to the Centre on a petition alleging that there is a trend of doubting the citizenship of a particular community of Assam. The petition seeks a stop to the harassment of the said community.

A bench headed by Justice DY Chandrachud asked the Centre and others to file an affidavit on a petition filed by Asom Sankhyalaghu Sangram Parishad.

The petition was filed through advocate Adeel Ahmed, under Article 32 of the Constitution of India for the enforcement of fundamental rights guaranteed under Articles 14 and 21 of the Constitution

The plea was filed on behalf of the people whose Indian citizenship is doubted without any substantial materials, without conducting any fair investigation, and without giving them an opportunity to demonstrate that he/she is not a foreigner by producing relevant documents at the investigation stage itself before making such references.

"The cause of action for the present petition arises from the majority of cases relating to citizenship being filed against particular community and there is a trend of doubting every one of that community based on ethnicity and that too without materials of doubt to be collected ensuring defence to those persons at the investigation stage itself," the petitioner said.

The petitioner said it is seeking justice by way of stopping endless harassment subjected to the said minority community by setting aside the recent notification dated October 13, 2020, issued by the State Coordinator of National Register of Citizens, Assam whereby the respondent authority attempted to exclude more persons of the aforesaid community from the NRC draft final list violating the NRC guideline, SOP and without the recommendation of this court.

"This has caused havoc, untold suffering and harassment to a particular community. This has amounted to violation of fundamental rights of common people guaranteed under Article 14 and 21 of the constitution of India in the process of identification of alleged foreigners," the petitioner said.

The petitioner is an unregistered non-profit social organization.

The petitioner has sought to issue appropriate directions to the respondent to stop harassment to the people belonging to a particular minority community in the name of identification, detection, determination and deportation of foreigners.

It also sought to issue appropriate direction prohibiting the respondent authority to delete or exclude any person from the final list of the NRC of Assam published on August 31,2019, by interfering with the operation of the notification dated October 13, 2020 issued by the state coordinator of NRC, Assam.

( With inputs from ANI )