IMDT: SC notice to Centre, Assam
http://timesofindia.indiatimes.com/articleshow/1475416.cms
NEW DELHI: The main poll plank in Assam — the Centre's notification nullifying the effect of quashing of the Illegal Migrants (Determination by Tribunal) Act — came under the scrutiny of Supreme Court on Monday.
A Bench comprising Justices S B Sinha and P K Balasubramanyan issued notices to the Centre and the state government on two petitions challenging the constitutional validity of the February 20 notification, issued by the UPA government to assuage the apprehensions of the minority community.
Moreover, the Bench issued notice to Attorney General Milon K Banerjee seeking his assistance in adjudication of the plea of petitioners — Sarbananda Sonowal and BJP leader from Assam Charan Chandra Deka — seeking stay on the operation of the notification on the ground that it was violative of the Constitution. SC will hear on April 10, the plea pertaining to stay.
Acting on a petition filed by Sonowal, SC had on July 25, 2005, quashed the IMDT Act as 'unconstitutional' and directed that illegal Bangladeshi migrants be detected using the provisions of the Foreigners Act, putting the onus on the suspects to show that they are not illegal migrants.
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However, the Central notification amended the Foreigners (Tribunal) Act and put the position back to the one prevailing under IMDT Act, which provided that the onus of proving a person is an illegal migrant was on the one who files the complaint.
Appearing for Deka, senior advocate Ravi Shankar Prasad contended the motive behind the notification was to override the SC judgment quashing the IMDT Act and directing the authorities to take action under the Foreigners Act.
While severely criticising the inaction of the Centre to stem the largescale illegal migration from Bangladesh sharing a porous border with North-Eastern states, the SC had stated that Assam faced a situation akin to that of external aggression needing urgent steps from the Centre
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