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The Supreme Court bench comprising of Chief Justice Ranjan Gogoi, Justice Deepak Gupta and Justice Sanjiv Khanna considered the question whether judicial determination of a person being a foreigner would stand superseded if the name of the same person is included in the draft/final NRC.
The submissions made by the State of Assam and the Government of India during the hearing were, that the judicial verdict would prevail and endure notwithstanding the executive exercise of the preparation of the NRC list. Provisions of paragraph 3(2) of the Schedule of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, were relied upon.
Senior Counsel Kapil Sibal, who appeared for the petitioners, asserted that a person would have the right of appeal or right to approach the appropriate forum, as the case may be, if the name of a person included in the NRC is deleted on the ground that he was a foreigner or an illegal migrant i.e. against the exclusion/dropping of his name from the NRC.
The Counsel for petitioners also stated that though the statute may not have provided a remedy of appeal against such exclusion, the remedy may be carved out by the Supreme Court in exercise of its jurisdiction under Article 142 of the Constitution of India.
Another matter related to NRC has been listed for March 28, 2019 which raises that question concerning the fate of people whose names appear in the electoral roll but are not included in the final NRC.
The arguments on the issue will continue at 3 pm on March 28.
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