Owaisi moves SC seeking stay on Citizenship Amendment Rules
He also sought a direction that no pleas seeking grant of citizenship be entertained or processed during the pendency of the proceedings
AIMIM president Asaduddin Owaisi has moved the Supreme Court demanding a stay on the implementation of the Citizenship Amendment Act, 2019 and the Rules, 2024, till the court disposes of the petitions challenging the Citizenship (Amendment) Act’s constitutional validity.
The Centre on March 11 paved the way for the implementation of the Citizenship (Amendment) Act, four years after the contentious law was passed by parliament to fast-track Indian citizenship for undocumented non-Muslim migrants from Pakistan, Bangladesh and Afghanistan who came to India before December 31, 2014.
Owaisi, one of the petitioners who have challenged the validity of certain provisions of the Act, has now filed an application in the top court seeking a stay on its implementation as well as the 2024 Rules till it rules on the petitions.
He has also sought a direction that no applications seeking grant of citizenship status be entertained or processed by the respondents during the pendency of the proceedings.
Nexus with NRC?
"It is the case of petitioner … that the Amendment Act has an unholy nexus with the National Register of Citizen 'NRC' exercise that has been concluded in Assam and is sought to be initiated in the rest of the country," said the application, filed by advocate MR Shamshad.
The application says it is a well-settled law that the apex court has the power to grant stay of a statutory provision and stay the rules issued under the said statute and hold its operationalisation in abeyance while adjudicating the constitutional vires of the provision or the enactment.
"Moreover, no prejudice shall be caused to the respondents (Centre and others) in the event stay of the implementation … as the Union of India itself has not operationalised the Act for over four years," the application argued.
The Supreme Court on Friday agreed to hear on March 19 pleas seeking a direction to the Central government to stay the implementation of the Citizenship Amendment Rules 2024 till the disposal of petitions challenging the constitutional validity of the Citizenship (Amendment) Act.
The Indian Union Muslim League and three other petitioners have also filed interim pleas.
