Six years on, 3.11 million citizens still deprived of CNIC

A crucial petition filed by Jamiat Ulema-e-Hind and AAMSU through advocate Fazil Ahmed Qureshi regarding the implementation of the final NRC in Assam and issuance of National Identity Cards to the citizens included in it was heard today in the Supreme Court before a two-member bench of Justice S.M. Narsimha and Justice Alok Aradhe. However, despite notices being issued to the central and Assam governments, the court adjourned the hearing for six weeks due to the respondents' failure to file a response.

According to the released statement, during the hearing, the government counsel requested more time to file a response, which was granted by the court. Senior advocate Kapil Sibal, appearing for Jamiat Ulema-e-Hind, informed the court that despite notices being issued, the central and state governments have not yet filed their response and will now have to present their objections and response before the court. Sibal further informed the court that the Registrar General of India has already filed a response to Jamiat Ulema-e-Hind's petition, to which a rejoinder will be filed soon. He also drew the court's attention to the fact that despite the final NRC being published six years ago, the individuals included in it have not yet been issued National Identity Cards.

Reacting to the Supreme Court's proceedings today, Jamiat Ulema-e-Hind President Maulana Arshad Madani said that the central and Assam governments' failure to file a response despite notices being issued and the delay in completing the legal process even six years after the final NRC reinforces the suspicion that the sensitive issue of citizenship is being deliberately kept alive for political gain. Madani stated that in the past, communal forces in Assam have consistently tried to create suspicion about the citizenship of Muslims, which has led to social tension and communal polarization in the state. Whether it was the issue of changing the Panchayat certificate, determining the final date for citizenship, or the conspiracy to close down madrasas in the state, Jamiat Ulema-e-Hind has always stood with the victims and fought their cases successfully.

Maulana Madani further said that the current BJP-led state government is pursuing a politics of discrimination and hatred, and an anti-Muslim agenda, and wants to keep the citizenship issue alive for political gain. This is why, even after the final NRC, the government has been deliberately delaying the issuance of identity cards to people for six years. He emphasized that completing the NRC process in accordance with the law is essential for restoring peace and harmony in Assam and is necessary for upholding the constitutional principles of equality, brotherhood, and the rule of law.

It is worth noting that under the guidance and patronage of Jamiat Ulema-e-Hind President Maulana Arshad Madani, Maulana Mushataq Ahmad, President of Jamiat Ulema-e-Hind Assam, has been fighting important cases related to NRC and Panchayat certificates for 14 years and has achieved success. The Assam issue was a sensitive one, and if communal forces had succeeded in their intentions, it could have put the citizenship of lakhs of Muslims at risk. Today, Maulana Mushataq Ahmad, Maulana Kaleemuddin, and other officials of AAMSU were present in the Supreme Court.

It is also noteworthy that a petition filed by former NRC Coordinator of Assam, Hitesh Dev Sarma, has been tagged with this case, seeking re-verification of the NRC list to rectify the errors and inaccuracies in it. The Assam NRC was completed between 2013 and 2019 under the direct supervision of the Supreme Court. The final NRC, published jointly by the Registrar General of India and the State Coordinator, is the result of a meticulous examination of 3.3 crore applications over several years. Its purpose was to provide a legal and final solution to the decades-old citizenship issue in Assam.

However, despite the final NRC being published over six years ago, the authorities have failed to take mandatory actions under the law, including issuing National Identity Cards to 3.11 crore eligible citizens, as required under Rule 13 of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, and issuing rejection slips to approximately 19 lakh rejected individuals and initiating the appeal process, as specified in Paragraph 8 of Schedule to Rule 4A. The petition states that the authorities' failure to take these steps renders the entire NRC process incomplete, unconstitutional, and arbitrary, and a violation of Articles 14 and 21 of the Constitution.

The petition emphasizes that the NRC process in Assam is a scientific, data-driven, and evidence-based process that was conducted under the direct supervision of the Supreme Court. After investing enormous public trust, judicial time, and over Rs 1,600 crore of national resources, it is essential that this process be completed in accordance with the Citizenship Act, 1955, and the rules framed thereunder. The petition requests that National Identity Cards be issued immediately to all individuals included in the final NRC and that rejection slips/orders be issued to those excluded from the NRC, and the appeal process be initiated to enable legal decisions before the Foreigners' Tribunals.