GUWAHATI, Sept 10 - Pointing out the statutory provisions that enable the government to reverify the particulars of those wrongfully included in the NRC, the Prabrajan Virodhi Manch (PVM) has written to the Prime Minister Narendra Modi, Union Home Minister Amit Shah and Chief Minister Sarbananda Sonowal for taking steps for NRC reverification and safeguarding the interests of the indigenous people of Assam.
The Manch convener Upamanyu Hazarika today said the power to review and undertake reverification of those details wrongfully included in the NRC is an executive power vested in the government and there is no requirement to seek orders from the Supreme Court in this regard.
“We have seen a number of ministers, BJP leaders, AGP, AASU, etc., making public announcements of approaching the Supreme Court seeking reverification of the NRC, but in terms of the existing legal provisions, there is no requirement as the government has all the powers to do it all by itself . Under the provisions of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, the power to direct reverification, both at the draft NRC stage and after publication of the final NRC, rests in the executive and there is no necessity to apply to the court,” the senior Supreme Court lawyer said.
Further explaining the existing legal provision, Hazarika mentioned that under Rule 4 of the Schedule to the Citizenship (Registration of Citizens and Issue of National Identity Card) Rules, 2003, the draft NRC reverification power rests in the District Registrar of Citizen Registration, mainly the District Magistrate.
In case of the NRC, after its final publication, Rule 10 of the Citizenship (Registration of Citizens and Issue of National Identity Card) Rules, 2003, vests power in the Registrar General or his nominee to remove any names from the citizens list if it is found to be on the basis of incorrect particulars.
“We have also sought their intervention towards the long-lasting solution of protecting the indigenous in Assam from becoming a minority by ensuring a legal protection, reserving land, employment, trade and educational opportunities only to those who were citizens in 1951 and their progeny,” he mentioned.
The Manch, fighting against illegal infiltration in Assam, also mentioned that the entire task of the NRC preparation and providing legal safeguards vests in the executive and the legislature.
“The Supreme Court intervenes in the process only when the government does not act,” he pointed out.