SC said that the Government cannot initiate action against 40 lakh people, regarding the NRC

On Tuesday the Supreme Court held that the government cannot initiate any "action" against 40 lakh people who are left out of the draft of the Assam National Register of Citizens (NRC).

The Bench of Justices Ranjan Gogoi and Rohinton Nariman who directed the Centre, in consultation with State NRC Coordinator Prateek Hajela, to ensure that those left out of the draft NRC should receive a "fair" opportunity to be heard.

The court has directed the government to frame a "fair" standard operating procedure to deal with the claims and objections of those who did not find their names in the list. Attorney-General K.K. Venugopal informed the court that the ministry concerned is working out the modalities of the standard operating procedure which would "deal with the different dimensions of the exercise of hearing the claims and objections to ensure that the process is fair".

Mr. Venugopal submitted that once the modalities are worked out, the standard operating procedure would be placed before the court by mid-August. "Everybody should get a fair opportunity considering the complexities and numbers, etc, involved. You (government) place it before us. If it is fair, we will approve. If not, we will disapprove. If there is anything missing, we will fill it," Justice Gogoi addressed Mr. Venugopal.

However, Justice Gogoi asked Mr. Hajela about "reading somewhere that the date for publishing the final NRC is December 31" this year. But Mr. Hajela denied, submitting that no such date has been issued and it was left to the Supreme Court. "We have no fixed any date. It is for the court to fix a date. It (December 31) was only for the purpose of budgeting," Mr. Hajela responded.

Mr. Hajela said that the time has been given till August 7th for the people to go through the draft NRC and ascertain whether their names are there or not. From August 8, those excluded would get time to fill up the papers for filing their claims and objections. The claims and objections would be heard from August 30 to September 28.

"Well, we do not give assurances to anyone, we only pass orders. But we want fair opportunity for all," Justice Gogoi observed. The Bench said at the moment it would prefer to refrain from commenting on the draft NRC and would wait for the government to submit its standard operating procedure for vetting. "Our silence now is neither consent or objection or assurance," Justice Gogoi observed.

The court posted the case for August 16 for further orders on timelines leading to the publication of the final NRC. The much-anticipated second and final draft of the National Register of Citizens (NRC) was published on July 30 with 2.9 crore names out of the total 3.29 crore applicants in Assam.