The Supreme Court in the case In Re: Section 6A Citizenship Act 1955 observed and has directed the Union Government to furnish data on the inflow of illegal migrants to Assam and North-Eastern states after March 25, 1971.
The court in the case observed and has directed the Centre to inform the steps taken by the Government at an administrative level to deal with illegal immigration into the North Eastern states particularly Assam and the details have to be furnished in regard to extent of border fencing and the estimated timelines to complete border fencing.
The Constitution bench comprising of Chief Justice of India DY Chandrachud, Justice Surya Kant, Justice MM Sundresh, Justice JB Pardiwala and Justice Manoj Misra in the case observed and has passed the said directions while hearing the batch of pleas moved challenging Section 6A of the Citizenship Act 1955, which was inserted to give effect to the Assam Accord of 1985.
The court stated that regardless of its position on Section 6A, it proposed to deal with the issue of illegal immigration seriously.
The bench also seek the following details too :
The Number of persons to whom citizenship has been granted as stated under Section 6A with reference to the time period of persons who came into Assam between 1.1.1966-25.3.1971
How many persons have been detected to be foreigners under the Foreigners Tribunals Order 1964 with reference to the above period?
With respect of the persons who have entered after 25 M arch 1971- the total number of foreigners tribunals set by the Union, total number of cases disposed of, number of cases which are pending as of date, the average time taken for disposal of cases, the number of cases pending before Gauhati High Court.
It has been directed by the said court that the affidavit be filed before next Monday. Where specific aspects require info from state govt, the data shall be shared by state of Assam.
Therefore, the common affidavit be filed by the State of Assam and the Union of India
The court stated that 25.03.1971 is the date of commencement of the Bangladesh liberation war. As per section 6A, persons of Indian origin who migrated to Assam from the present-day Bangladesh region between 01.01.1966 to 25.03.1971 are eligible to obtain Indian citizenship.
Further, the persons who migrated to Assam after 25.03.1971 are not eligible to Indian citizenship and are liable to be deported as foreigners and the Foreigners Tribunals have been established to determine whether persons are illegal migrants or Indian citizens in reference to the cut-off date of March 25, 1971.
In the present case, the court is hearing the challenge made by Assam indige nous groups to Section 6A to the extent it allows migrants who entered Assam between January 01, 1966 to March 25, 1971 for seeking Indian citizenship.
