Repeal of IMDT Act: Centre seeks SC help for consensus

NEW DELHI, January 8: The Central Government today sought assistance from the Supreme Court in building up a consensus involving all the parties for repeal of the controversial IMDT Act. The case involving the foreigners' issue, particularly scrapping of the IMDT Act is getting complex by the day, with three new petitioners today filing two separate intervention petitions and a writ petition. A division bench of the Supreme Court, headed by the Chief Justice, AS Anand deferred the case for hearing until six weeks later, before it would be taken up for final disposal. The United Minority Front and the Citizens Rights' Preservation Committee (CRPC) filed two intervention petitions, while the Jamiat-ulema-e-Hind filed a writ petition challenging the Central and Assam governments' stand on the IMDT Act. Their petitions were kept pending by the apex court, even as the Assam Government's counsel, Vijay Hansaria opposed the petitions. Meanwhile, the stalemate over repealing the Act continued, with the Solicitor General of India, Harish Salve informing the division bench that also included Justice RC Lahoty and Justice Brajesh Kumar that despite all its attempt, the Central Government has not been able to build up a political accord on the issue. For the want of political accord we cannot table the Bill," he told the court. The Solicitor General suggested that the differences of opinion among the various political parties can be resolved if the court takes an initiative and hear out all the parties involved. The Solicitor General also reiterated that both the Central and Assam governments were of the opinion that the Act should be repealed as it is a discriminatory piece of legislation. However, CRPC counsel, KTS Tulsi objected to the Central Government's contention asserting that it was government's duty to defend the law it had enacted. "By saying that the Act is unconstitutional, the government is abdicating its responsibility," he contended. He added that the problem of the Act was one of implementation. There is a lack of political will to implement it, he said, adding that many a tribunal had become non-functional. The counsel for Sarbananda Sonowal, who is one of the petitioners in the case opposed this view asserting that the Act which is applicable only in the state of Assam has created hurdles in the process of detection and deportation of foreigners. However, uncertainties continued with the Central Government clearly indicting its intention to shift the burden of repealing the Act to the Supreme Court. But the apex court would have none of it. "The problem is you don't want to take a decision," the Solicitor General was told. The Chief Justice also questioned the manner in which the Act was being implemented. The question is, if any amendments are brought about, are they going to be respected, the Chief Justice said, referring to a plea for amending the objectionable clauses. Meanwhile, the UMF in its petition has demanded that the IMDT Act be made applicable all over the country. The writ petition filed by the Jamiat-ulema-e-Hind also has made the same demand. Hafiz Rashid Choudhury, who moved his petition on behalf of the UMF has also challenged the contention that the Act is discriminatory in nature. He also opposed the plea to make the Citizenship Act applicable in Assam in lieu of the IMDT Act. The Citizenship Act is for dealing with foreigners who are caught, while the IMDT Act is for detection and deportation of foreigners, he told newsmen. After hearing all the sides, the Chief Justice ordered that all parties should file additional papers if any within the period, while the matter would be taken after six weeks after which it would be finally disposed of. The Central Government's stand did not come as a surprise as the ruling BJP has failed to persuade the Congress party to support its move. Besides, there appears to be trouble within the NDA itself as Trinamool Congress and the Telugu Desam Party are sure to object to tabling of the Bill.