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Supreme Court on Monday tagged the plea seeking to stop the alleged harassment meted out to people belonging to the minority community in Assam in the name of identification, detection, determination and deportation of foreigners, with the connected matters.

A division bench of Justice DY Chandrachud and Justice Surya Kant while issuing notice ordered thus,

"In view of the reference which has been made to the Constitution Bench in Assam Sanmilita Mahasangha and Others v Union of India and Others, list the petition after the reference is disposed of... The petitioner would be at liberty to seek intervention before the Constitution Bench in the pending proceedings."

The Assam Sanmilita Mahasangha case deals with the constitutionality of Section 6A of the Citizenship Act, 1955.

In 2014, after hearing the petition preferred by Mahasangha, a division bench of the Top Court had referred the matter to a Constitutional Bench.

Filed through Asom Sankhyalaghu Sangram Parishad the instant plea further seeks that UoI should be prohibited from deleting or excluding any person from the  final list of the NRC of Assam as published on August 31, 2019.

It is further sough that the UoI must refrain from taking cognizance of a proceeding, and doubting one's citizenship unless the initial burden of the State in collecting materials of doubt is discharged fairly and by way of a fair investigation.

The petition filed under Article 32 by AOR Adeel Ahmed further seeks that an amendment be made to Foreigners (Tribunaks) Order, 1964 inserting an appropriate provision ensuring to discharge the initial burden of the State in collecting materials of doubt against a suspected person before making a reference. 

"...also, specific provision shall be inserted permitting the defending lawyers of the suspecting persons to cross examine the inquiry officers/ witness of inquiry officer of LVO so as to verify the correctness and fairness of the investigation in discharging the initial burden of the State", add the plea. 

A direction is also sought to the Registrar General of India to finalize the draft list of NRC and issue NRC identity card to all persons included in the draft list and provide facilities to prefer appeal to the person so left out from the NRC.

High level judicial enquiry by a retired judge of the Supreme Court into the manner of enquiry by border police, conduction of trials by Foreigners Tribunal is also sought.

Case Title: Asom Sankhyalaghu Sangram Parishad vs. UOI & Ors