I need time to collate: Tushar

if somebody gets citizenship, it will be impossible to reverse: Kapil

We direct the proceedings to be listed on April 9: CJI

The Supreme Court hearing for petitions seeking a stay on the Citizenship Amendment Act (CAA) that was passed by the Union Government was scheduled on March 19th. The Solicitor General sought time as 237 petitions were filed in this regard. “There are 237 petitions. 20 applications have been filed for stay. I need to file a reply. I was seeking time. I need time to collate etc. It does not take away the citizenship of anyone. There is no prejudice caused to the petitioners. What is done is, those who have migrated…no new person is given, it is for those who entered before 2014,” Tushar Mehta stated. 

Senior Advocate Kapil Sibal opposed this request based on the reasoning that were citizenship to be granted, the act would become irreversible. “The problem is, the notification was issued after 4 years. Under the law, the rules have to be notified within 6 months. Problem is if somebody gets citizenship, it will be impossible to reverse and petitions will become infructuous. They have waited for so long, so why should the process take time? 4 weeks for an application for stay is far too much. My request is, immediately after April vacations, they should come back. There is no great urgency today,” Kapil argued. 

CJI Chandrachus heard arguments from both sides before dictating the order. “On 22.01.2020 notice was issued..the rules have been recently notified. This has given rise to applications for stay. SG submits that 4 weeks time be granted to file response. The request of 4 weeks time is opposed on the ground that in the meantime if citizenship is granted, it will be irreversible. We direct the proceedings to be listed on April 9, 2024,’ the order mentioned.