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Supreme Court: The 3-judge bench of SA Bobde, CJ and SA Nazeer and Sanjiv Khanna, JJ refused to put a stay on the Citizenship (Amendment) Act, 2019 (CAA) and granted the Central government four weeks’ time to file a reply on the petitions challenging CAA. The Court also indicated setting up a Constitution Bench to hear the pleas.

The Court was hearing a batch of more than 140 petitions challenging or supporting the newly amended citizenship law that fast-tracks the process of granting citizenship to Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who fled religious persecution in Afghanistan, Bangladesh and Pakistan and took refuge in India on or before December 31, 2014.

During the hearing, CJI said,

“We may ask the government to issue some temporary permits for the time being.”

Attorney General K K Venugopal asked the Court to freeze filing of further petitions, as over 140 petitions have been filed and others who wish to be heard, may file intervention applications. He said,

“Centre has prepared a preliminary affidavit that will be filed today.”

Senior advocate Vikas Singh, appearing for the Assam Advocates Association, sought an ex-parte order from the court with respect to the implementation of the Act in Assam. He told the court,

“The situation in Assam is different, 40,000 people have already entered Assam since the last hearing.”

Several petitions were filed in the top court and high courts across the country for and against the CAA. There have been protests in different parts of the country against the Act. It has also been challenged by the Kerala government in the Supreme Court. Kerala and West Bengal have also said that they will not implement the amended law. However, Congress leaders Kapil Sibal and Salman Khurshid have said that
state governments cannot legally refuse to implement a law passed by the parliament.

Earlier, on December 18, 2019, the 3-judge bench of SA Bobde, CJ and BR Gavai and Surya Kant, JJ  had refused to stay the implementation of the Citizenship (Amendment) Act, 2019.


**READ THE ACT HERE: Citizenship (Amendment) Act, 2019

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Supreme Court: Refusing urgent hearing on a plea seeking to declare the Citizenship Amendment Act as constitutional, CJI S A Bobde observed that the country is going through difficult times and there is so much violence going. Expressing surprise over the petition, the bench said that this was the first time that someone was seeking that an Act be declared as constitutional.

“There is so much of violence going on. The country is going through difficult times and the endeavour should be for peace. This court’s job is to determine validity of a law and not declare it as constitutional,”

The bench also comprising justices B R Gavai and Surya Kant said it will hear the petitions challenging validity of CAA when the violence stops.

The observation came after advocate Vineet Dhanda sought urgent listing of his plea to declare CAA as constitutional and a direction to all states for implementation of the Act. The plea has also sought action against activists, students and media houses for “spreading rumours”.

On December 18, the Supreme Court had agreed to examine the constitutional validity of the CAA, but refused to stay its operation. It said that it will hear the batch of 59 petitions on January 22, 2020.

The newly amended law seeks to grant citizenship to non-Muslim migrants belonging to Hindu, Sikh, Buddhist, Christian, Jain and Parsi communities who came to the country from Pakistan, Bangladesh and Afghanistan on or before December 31, 2014.

Several petitions have been filed challenging the constitutional validity of the Act including by RJD leader Manoj Jha, Trinamool Congress MP Mahua Moitra and AIMIM leader Asaduddin Owaisi.

Several other petitioners include Muslim body Jamiat Ulama-i-Hind, All Assam Students Union (AASU), Peace Party, CPI, NGOs ‘Rihai Manch’ and Citizens Against Hate, advocate M L Sharma, and law students have also approached the apex court challenging the Act.

(Source: PTI)

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Supreme Court: The 3-judge bench of SA Bobde, CJ and BR Gavai and Surya Kant, JJ has issued notice to Centre on a batch of pleas challenging the Citizenship (Amendment) Act, 2019. The Court has, however, refused to stay the implementation of the Citizenship (Amendment) Act, 2019. It said that it will hear the petitions on January 22, 2020.

Yesterday, the Court had refused to intervene in the incidents involving the violence taking place at the Jamia Milia University and the Aligarh Muslim University as an outcome of the passing of the Citizenship Amendment Act, the bench headed by CJI SA Bobde has asked the petitioners to approach the High Courts first. The Court said,

“We don’t want to spend time knowing facts, you should go to courts below first.”

The Court also said that since the incidents have taken place at various places, one inquiry cannot be ordered in these cases. Asking the petitioners to approach the High Courts, the Court said the High Court would not only be at liberty to pass orders on arrests and medical assistance, they will also be at liberty to order inquiries.


**READ THE ACT HERE: Citizenship (Amendment) Act, 2019

Hot Off The PressNews

Supreme Court: Refusing to intervene in the incidents involving the violence taking place at the Jamia Milia University and the Aligarh Muslim University as an outcome of the passing of the Citizenship Amendment Act, the bench headed by CJI SA Bobde has asked the petitioners to approach the High Courts first. The Court said,

“We don’t want to spend time knowing facts, you should go to courts below first.”

In the hearing that escalated into a high voltage court room drama, Indira Jaising appearing for the students said,

“It’s established law that universities are not a place where police can enter without permission of VC. One person lost eyesight. Legs of some students were broken.”

Solicitor General Tushar Mehta was quick to respond that “not a single student lost eyesight.”

When the lawyers started arguing at high pitch, the Court took a strong noteand said,

“there should not be a shouting match just because there is large crowd and media.”

The Court also went on to ask how the buses burn during the protest. It said that it was a law & order problem.

Senior advocate Colin Gonsalves, appearing for protesters, urged the Court to send a former judge to AMU for fact finding. It was also argued that Police must have prior permission of VC of university before entering the University premises.

When the Court asked the Centre to give details as to why notices were not given to protesters before arrest and whether medical assistance was given, the Solicitor General responded that no student was in jail and that the police took the injured students to hospitals.

The Court said that the injured students must get medical attention and if anybody commits offence then police is free to arrest.

The Court also said that since the incidents have taken place at various places, one inquiry cannot be ordered in these cases. Asking the petitioners to approach the High Courts, the Court said the High Court would not only be at liberty to pass orders on arrests and medical assistance, they will also be at liberty to order inquiries.

Yesterday, when a battery of senior lawyers including India Jaising, Colin Gonsalves, Salman Khurshid, etc approached the Court to take the Court to take suo moto cognizance of the violence taking place at the Jamia Milia University and the Aligarh Muslim University as an outcome of the passing of the Citizenship Amendment Act, a bench headed by CJI Bobde said that it would hear the matter with a ‘cool mind’ tomorrow but the rioting must stop.

(Source: PTI)


**READ THE ACT HERE: Citizenship (Amendment) Act, 2019

Hot Off The PressNews

Supreme Court: When a battery of senior lawyers including India Jaising, Colin Gonsalves, Salman Khurshid, etc approached the Court to take the Court to take suo moto cognizance of the violence taking place at the Jamia Milia University and the Aligarh Muslim University as an outcome of the passing of the Citizenship Amendment Act, a bench headed by CJI Bobde said that it would hear the matter with a ‘cool mind’ tomorrow but the rioting must stop.

Taking strong note of damage of public property and rioting during the Jamia Milia protest in which around 50 students were detained last night and later released, the Court said,

“We are not against peaceful demonstrations but we can’t allow people to go on streets, indulge in rioting.”

Stating that the Court was experienced enough to understand how rioting takes place, the Court said that it can’t be bullied to take cognizance of a matter just because people were throwing stones outside.

“We will determine the rights but not in the atmosphere of riots, let all of this stop and then we will take suo motu cognizance.”


**READ THE ACT HERE: Citizenship (Amendment) Act, 2019

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“Young India Adhikar March” and the Jamia Chapter of Young India National Coordination Committee organised a Public Meeting titled “State of Education and Employment”.
The Public Meeting was joined by Hundreds of students of Jamia Millia Islamia. This Public Meeting is held at a time when Student-Youth is witnessing organised attack on public funded educational institutions and failure of the present government to create dignified Employment opportunity for youth. Under the banner of Young India more than 50 major Student-Youth movements, union members and organistaions from across the country have formed Young India National Coordination Committee (YINCC).
N. Sachin who teaches at Dyal Singh College, Delhi University and Manisha Sethi, Assistant Professor at Jamia Millia Islamia were two speakers. N. Sachin stressed the need to protect the aspirational value of the students as well as the teachings to preserve public funded education as the caste based lower sections have the education which is cheap as the way to get through the hardships they face and break the social norms. The cost cuttings in the funds of the central universities. He also spoke how privatization of Education will lead to exclusion of students coming from the marginalised community. Manisha Sethi spoke on the recent issues of involving National Investigation Agencies to see which Private University should be given the tag of eminence and in the matters of academic management. She also spoke on the current situations, where universities are expected to make scholars, and not make the students who are socially aware and educated, where it is made sure that their and basically every person’s thinking is limited and the art of questioning is suppressed. She also stressed on the Unlawful Activities Prevention Act which somehow gives the government powers to make anyone or any organisation’s activity unlawful. Sangwari-Group also performed a play as part of Meeting highlighting the issues and challenges the Student-youth is facing today