AN OPEN LETTER FROM ALL ASSAM MINORITIES STUDENTS’ UNION (AAMSU) REGARDING PREPARATION OF NATIONAL REGISTER OF CITIZENS (NRC) AND CASES PENDING BEFORE THE HON’BLE SUPREME COURT OF INDIA AND HON’BLE GAUHATI HIGH COURT. The so-called leaders, intellectuals and organizations of Minority people are trying their level best to take mileage from the burning issues of preparation of NRC and pending cases before the Hon’ble SCI and Hon’ble GHC. The contributions of these people regarding minority cause are big zero rather they are making statements through print as well as electronic media. It is the prime responsibility of the AAMSU to make aware the minority people about entire developments and contributions of so-called leaders, intellectuals and organizations. HISTORICAL BACKGROUND: The Section-6A of the Citizenship Act, 1955 was inserted by the Parliament of India in pursuance of Assam Accord-1985. The Section-6A provides for 24th March 1971 as the cutoff date for detection and deportation of foreigners from state of Assam following the due process of law. The Section-6A was inserted under the patronage of Mr. Rajiv Gandhi, the then Prime Minister of India under the tremendous pressure of AAMSU under the Presidentship Mr. Abdul Aziz, Ex.MLA. The Illegal Migrants (Determination by Tribunal) Act, 1983 and Section-6A of the Citizenship Act, 1955 protected the Genuine Indian Citizens from unnecessary harassment in the name of foreigners. After struck down of IM (DT) Act, 1983 by the Hon’ble Supreme Court of India, Section-6A of the Citizenship Act, 1955 is the only legal protection to Minorities (Genuine Indian Citizens) in the state of Assam. CASES PENDING BEFORE THE HON’BLE GAUHATI HIGH COURT: Public Interest Litigation being PIL No-34/2010 (Parboti Prasad Goswami & 7 Ors Vs Union of India & Ors) have been filed before the Hon’ble Gauhati High Court challenging the Constitutional validity of Section-6A of the Citizenship Act, 1955. Subsequently another Public Interest Litigation being PIL No-77/2010 (Indian Confederation of Indigenous and Tribal People, North East Zone & 5 Ors Vs. Union of India & Ors) have been filed before the Hon’ble Gauhati High Court with similar prayer. The Hon’ble Division Bench of Hon’ble High Court vide Order dated 27.08.2010 admitted the PIL No-77/2010 and tagged the matter with PIL No-34/2010. The Hon’ble Division Bench vide Order dated 10.01.2013 framed six issues and referred the matter to the Hon’ble Full Bench to decide issues so framed. The All Assam Minorities Students’ Union (AAMSU) filed two applications before the Hon’ble High Court being Misc. Case No-877/2012 in PIL No-34/2010 and Misc. Case No-876/2012 in PIL No-77/2010 respectively praying for impleadment in these two Public Interest Litigations to defend Section-6A of the Citizenship Act, 1955. The Hon’ble Full Bench of the Gauhati High Court vide order dated 03.05.2013 allowed the applications filed by AAMSU thereby AAMSU has been impleaded as necessary parties in both the PILs. Both the PILs are pending before the Hon’ble Gauhati High Court for disposal. CASES PENDING BEFORE THE HON’BLE SUPREME COURT OF INDIA: Writ petition being WP(C) No-274/2009 (Assam Public Works Vs. The Union of India & Ors) has been filed before the Hon’ble Supreme Court praying for deletion of names of 42 lakhs voters from the Voters List of Assam with further prayer to update NRC, 1951 in the state of Assam. The petitioner has appended modalities for updation of NRC, 1951 with the writ petition which is extremely dangerous for minorities of Assam. The petitioner has further suggested categorizing the minority people in various categories such as Bangladeshi Parents Group (BPG), Need to Prove Citizenship (NPC) group etc. During the pendency of WP(C) No-274/2009 before the Hon’ble Supreme Court, the Government issued Notification under Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 for pilot project of preparation of NRC, 1951 in Chaygaon and Barpeta Revenue Circles under Kamrup and Barpeta Districts respectively. Due to various anomalies in the process along with application form, large numbers of AAMSU supporters raised protest in the office of Deputy Commissioner, Barpeta on 21.07.2010 resulting the stoppage of aforesaid pilot project. Subsequently, the Govt. of Assam constituted Cabinet Sub-Committee to examine various issues giving rise to misunderstanding among general public about NRC and the problems experienced, particularly in view of the incident that took place in Barpeta on 21.07.2010. The first meeting of the Cabinet Sub Committee was held on 06.08.2010. The Cabinet Sub Committee held its meeting on 06.10.2010 decided to invite the AAMSU, AASU and 25 other organizations for discussion on the matter of NRC updation. The next meeting of Cabinet Sub Committee was held on 13.11.2010 wherein modified the earlier application form for updation of NRC and same was forwarded to AAMSU, AASU and other organizations for their views. The meeting of Cabinet Sub Committee was held on 12.11.2011 wherein AAMSU, AASU and other organizations participated and put forwarded their suggestions /modification in respect of updation /preparation of NRC. It is relevant to mention here that after threadbare discussions regarding preparation/updation of NRC, it was agreed to prepare the Modalities and Standard Operating Procedure (SOP) in respect of preparation/updation of NRC. The Govt. of Assam prepared Modalities and SOP regarding preparation/ updation of NRC in the light of decision taken unanimously by the Cabinet Sub Committee, AAMSU, AASU and other organizations on 12.11.2011 and communicated the same to the Central Government vide communication dated 02.01.2013 and accordingly the Union of India filed an affidavit on 08.05.2013 in WP(C) No-274/2009 before this Honble Supreme Court appending the Modalities and SOP. The AAMSU was under impression that the preparation/ updation of NRC in the state of Assam will be carried out in pursuance of the unanimous decision taken on 12.11.2011. Discussion was held at the level of Chief Minister of Assam, AASU and Group of Ministers on 16.05.2013 behind the back of AAMSU. In the said discussions, the AASU raised some points regarding the Modalities and SOP furnished to the Union of India in respect of preparation of NRC. It is relevant to mention here that the AAMSU was not at all invited to the said discussion dated 16.05.2013. In the said discussions, the AASU made some points which are contradictory to the earlier unanimous decision taken on 12.11.2011. In pursuance of another meeting dated 04.07.2013 revised Modalities and SOP was prepared and same was send to the Central Government on 05.07.2013 for its consideration. Simultaneously the Government of Assam submitted an Additional Affidavit on 12.07.2013 before the Honble Supreme Court appending the revised Modalities and SOP only with a view to harass the minorities in Assam. Another writ petition being WP(C) No-562/2012 (Assam Sanmilita Mahasangha & Ors Vs. The Union of India & Ors) has been filed before the Hon’ble Supreme Court challenging the constitutional validity of Section-6A of the Citizenship Act, 1955 with further prayer for necessary direction to update the NRC from 1951. The Hon’ble Supreme Court vide Order dated 08.05.2013 tagged the WP(C) No-274/2009 and WP(C) No-562/2012 together. Finding no other alternative, the AAMSU filed two applications being IA No-6 in WP(C) No-274/2009 and IA No-5 in WP(C) No-562/2012 respectively before the Hon’ble Supreme Court praying for impleadment as necessary parties in both the writ petitions. The Hon’ble Supreme Court vide Order dated 23.08.2013 impleaded AAMSU as necessary parties and allowed the AAMSU to file Counter Affidavits in both writ petitions. Accordingly the AAMSU filed detailed Counter Affidavits on 18.09.2013 in both writ petitions. It is relevant to mention here that some other organizations namely Assamar Pragjyotishpuria Khilanjia Musalman Unnayan Parishad, Assam State Jamiat-Ulema-E Hind lead by Maulana Badruddin Ajmal and Citizens Right Preservation Committee (CRPC) filed Intervening Applications (Not impleadment Applications) in these cases and accordingly they have been allowed as interveners (not necessary parties) by the Hon’ble Supreme Court. It is pertinent to mention here that the Assam State Jamiat-Ulema-E Hind has filed Intervening Application supporting the modified Modalities and SOP prepared by the Govt. of Assam which is a part of great conspiracy and harmful for the minorities of Assam. ROLE OF SO-CALLED INTELLECTUALS, LEADERS AND ORGANIZATIONS: Some brokers from Barak Valley in connivance with traitors of Brahmaputra Valley have caused irreparable loss to the minorities of Brahmaputra Valley for their personal gain. For instance, writ petition being WP(C) No-131/2000 (Sarbananda Sonowal Vs. The Union of India & Ors) was filed before the Hon’ble Supreme Court challenging the Constitutional validity of IM (DT) Act, 1983. One so-called intellectual cum Advocate of Gauhati High Court from Barak Valley was entrusted to defend the IM (DT) Act, 1983 before the Hon’ble Supreme Court. That gentleman had collected huge money from various sources to do necessary before the Hon’ble Supreme Court. But the said gentlemen did nothing resulting struck down of IM (DT) Act, 1983. Now it comes to knowledge that the said gentleman is collecting huge money through his agents from Brahmaputra Valley in the name of defending cases being WP(C) No-274/2009 [NRC Matter] and WP(C) No-562/2012 [Section-6A Matter] pending before the Hon’ble Supreme Court. It is widely known that two Senior Advocates of Gauhati High Court from Barak Valley were mentors for filing writ petition before the Hon’ble Supreme Court challenging Constitutional validity of IM (DT) Act, 1983 for their personal gain. APPEAL OF ALL ASSAM MINORITIES STUDENTS’ UNION (AAMSU): AAMSU would like to humbly request the minority people of Assam to identify the brokers who are always trying to be in limelight through press releases whose contribution towards the cause of minorities is zero. These people should be socially boycotted otherwise minority people will have to face very bad consequences. The AAMSU would further like to request the minority people to render their helping hands towards AAMSU to accelerate the movement for the cause of minorities. The suggestions and guidance will be highly solicited. Regards, MUSTAFA KHADDAM HUSSAIN, Advocate, Gauhati High Court, (Advisor-AAMSU), Mob-9508062696 / 9435952083, ABDUR RAHIM AHMED (President-AAMSU), Mob-9854464244 / 9435123675, AZIZUR RAHMAN (Gen. Secretary-AAMSU), Mob-9707749705 / 9854118072 REJAUL KARIM SARKAR (Gen. Secretary-AAMSU), Mob-9435071736 All Assam Minorities Students Union (AAMSU), Head Office-Nilgiri Path, Near Hatigaon Chariali, Guwahati-38, Assam, E-mail: aamsu1980@gmail, aamsuoffice@gmail
Posted on: Sun, 19 Jan 2014 06:06:41 +0000
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