CAA petitions: SC segregates matters relating to Tripura, Assam in view of separate agreements

 | 

NEW DELHI, Jan 22:

The Supreme Court today has refused to stay the operation of Citizenship Amendment Act (CAA). A bench headed by Chief Justice SA Bobde said today that it cannot grant any stay on CAA without hearing Centre.

Though some of the parties urged the court to postpone the implementation of process under the act, in the meantime, the bench did not pass any order granting such relief. Chief Justice of India, SA Bobde orally remarked that no ex-parte order can be passed as the centre had no notice on all petitions.

However, CJI SA Bobde agreed that the challenge to Citizenship Assam Act will have to be bifurcated in two sections – one concerning Tripura and Assam and another one concerning CAA generally. The apex court clubbed together all pleas concerning the two northeastern states as both these states have separate agreements with the Centre regarding the protection of native people. 

Firstpost reported  that the apex court will consider hearing pleas related to Assam and Tripura separately, after Centre files its reply after the given window of two weeks.

The Centre will have to file replies on all other CAA-related pleas (except those about Assam and Tripura) within four weeks.

The SC has showed strong inclination to refer the matter to a Constitution Bench. It said a five-judge Constitution Bench will be set up to hear the matter. The Supreme Court has also asked the High Courts not to entertain any pleas on CAA until the apex court finishes deciding this matter. 

Meanwhile, a five-member judge constitution bench will be formed to look into the matter. It is expected that within 5 weeks from today, rather this bench or the constitution bench will take interim measures.

Welcoming the SC order, Tripura royal scion Pradyot Manikya Debbarman, who is also the petitioner, said that he pleased with the SC order in segregating Tripura and Assam from the rest of the country as the issues are different in the two northeastern states.

"The SC also took note of the cross border infiltration and also our regional agreement like TMV (find out the full form) and ATTF (full form) accords as well as the instrument of accession signed by Kanchan Prabha Devi and we are hopeful that a constitutional bench will be constituted and address our issues within a month," said Manikya.

He further expressed his gratification that the state's issues were not hijacked "as has been on previous occasions."