What judicial process will be used for the 30+ lakh names, that are expected to be left out of the NRC?
This question has caused burning of midnight candle both at the Supreme Court and Assam Government?
Assam Government last month gave two proposals and both were brushed aside by the Supreme Court as unrealistic.
Firstly creation of total 1000 tribunals, 100 judges and roughly 25000 lawyers to handle these 30+ cases. In simple words an industrial size judicial mechanism to handle the issue.
Secondly, after keeping them in detention centre for some time, make them stateless and release to live a normal life within Assam.
Both the proposals are radical but nobody is sure what to do with the impending crisis. The Supreme Court is also seized of the matter.
Meanwhile, the civil society has mounted gentle pressure in the Apex court asserting that the Supreme Court needs to reaffirm India’s constitutional and international obligations to rights on the complex issues of nationality, detention and deportation and not be unmindful of its own commitment to these duties, the Commonwealth Human Rights Initiative (CHRI) has urged.
A statement signed by prominent citizens including chairperson of CHRI Wajahat Habibullah and released by its member secretary Sanjoy Hazarika said as concerned citizens, they have appealed to the judicial system and the government to explore a solution that addresses the human dimensions. The situation in Assam and inter alia other parts of the North-east represent unprecedented challenges and conditions that cannot be resolved by application of a routine legal framework which is designed to deal with individual cases.
While advocating greater detention of suspected ‘foreigners’, the Chief Justice brushed aside the Assam Chief Secretary with a stinging admonition for proposing a methodology for the release of a handful of foreign prisoners who had been in detention beyond their term of sentence for illegal entry.
“There is no deportation agreement with Bangladesh. International law lays down that such deportations can take place only with the consent of the country of origin. Bangladesh has consistently refused to accept that its citizens migrate in large numbers to India. Indeed, Bangladesh regards such unilateral efforts as harmful to a bilateral relationship that is critical for the security and stability of both countries and especially of our eastern region.
“We cannot place ourselves in a situation where we are seen as forcing people out at gunpoint; it would be ethically unjust, wrong in law and draw international condemnation,” it said.
The Intelligence community are also breaking their brains With ISIS trying to expand their terror network outside their traditional area, an example has been the Colombo, making whole of Assam a veritable time bomb giving the ISIS a readymade humungous pool of human for sustained violence.