NEW DELHI, Jan 18— The storm over the controversial IMDT Act is likely to be set at rest soon, with the Supreme Court today fixing the schedule for final disposal of the case. A separate petition challenging the grant of citizenship to descendents of foreigners has also been clubbed and heard together. Resuming hearing on the Writ Petition challenging the IMDT Act, a three-member Bench of the Supreme Court, comprising Justice G B Patnaik, Justice R.S. Sethi and Justice Arijit Pasayat today fixed third week of April for final hearing of the petition filed by Sarbananda Sonowal opposing the IMDT Act. All other petitions filed in response to Sonowal’s Writ Petition have been admitted and taken for final hearing. The other petitioners who have challenged Sonowal’s contention pleading for status quo included the Citizens Right Preservation Committee (CRPC), United Minority Front (UMF), Jamiat-Ulema-e-Hind and the Assam Pradesh Congress Committee (APCC), Assam Government, which under the previous AGP regime had supported the repeal of the Act has recently changed its stand and filed a revised petition supporting the continuance of the Act.
Sonowal’s counsel, senior advocate, Ashok Desai pleading for fixing final hearing of the case, argued that the matter should not be lingered further as the Court has heard all the parties. Since both the Union Government and the State Government have declared it as a discriminatory piece of legislation, the Act seizes to have any constitutional validity; Sri Sonowal quoted his Counsel as having told the Court. The Union Government’s Counsel, Harish Salve in response admitted that the Union Government in its petition had proposed to repeal the Act. The State Government has meanwhile, engaged Kapil Sibal to represents its case. Sibal a Congress Rajya Sabha Member is one of the top lawyers.
Meanwhile, the petition filed by Ramesh Borpatra Gohain challenging the validity of the Section Six (a) of the amended Citizenship Act that proposes to grant citizenship rights to descendents of the illegal migrants has been clubbed with Sonowal’s petition and would be heard together. Prof. Gohain has argued that the concerned Section goes against the provisions and spirit of the Assam Accord. The petitioner’s contention was that according to Assam Accord, those foreigners who are detected having entered the State between 1966 and 1971 would be denied voting rights for 10 years and those who entered the State after 1971 would be detected and deported. There was no mention of granting citizenship rights to descendents of the illegal migrants.
Meanwhile, Sri Sonowal has welcomed the fixing of a final date of hearing and said that it was a positive development and he looked forward for a favourable verdict. A final verdict by the Apex Court on the contentious issue would also provide a way out of the bind for the NDA Government at the Centre. The BJP under pressure of the Sangh Parivar and its State unit has been trying to mobilise support among its partners to repeal the Act. The situation is tricky for the ruling BJP because several of its NDA allies have expressed reservations against the move. The BJP has been stalling tabling of the Bill to repeal the Act on the ground that it lacks majority in the Upper House. But with the Government mooting the idea of convening a joint session of the Parliament to push through the equally controversial Prevention of Terrorism Ordinance (POTO), demands have surfaced about including the IMDT Act as well in the list of business.
For records though, the Central Government in its petition before the Supreme Court has admitted that detection and deportation of illegal migrants under the IMDT Act has been extremely dismal. The demographic composition in the districts bordering Bangladesh has altered with the illegal immigration from Bangladesh. The districts of Assam and West Bengal bordering Bangladesh have recorded growth of population higher than the national average. The States of Meghalaya, Mizoram and Tripura have also recorded high rates of population growth, the Central Government said. The large-scale influx of illegal Bangladesh immigrants has led to large tracts of sensitive international borders being occupied by foreigners. This has serious implications for internal security, the Central Government said in its affidavit filed with the Supreme Court.