Continue NRC work; hold polls simultaneously
Spl Correspondent
The Chief Justice said that the Centre is not cooperating in the NRC process and it seems the entire effort of the MHA is to destroy the NRC process. “The Home Ministry is coming up with all sorts of excuses to delay the NRC process in Assam. The entire effort of the Home Ministry is to destroy the process of NRC. Should we summon the Home Secretary? Because AG and SG are not briefed properly,” the Chief Justice asked.
Attorney General KK Venugopal told the court that in 2014 general elections, 2,500 companies of CAPF were deployed and in 2019, it is likely to go up to 2,700 companies. Putting forward the requirement of CAPF for the conduct of Lok Sabha elections, the AG told the court that they would require withdrawing some of those currently posted in Assam.
Besides the deployment of CAPF companies for election duties, the Attorney General told the court that they require them for guarding the borders.
Noting a statement of Joint Secretary, MHA that there are 3,000 companies of CAPF, the Chief Justice of India said even if 2,700 of them are deployed for election duty, still there would be enough force to take care of other needs.
In its order, the Bench said that the suspension has been stated to be necessary for permitting withdrawal of 167 companies of CAPF currently engaged in NRC work, so as to ensure the law and order situation in the country at the time of general elections, which are scheduled to be held in the coming few months.
An additional reason for the suspension is what is anticipated to be a highly surcharged political atmosphere on the eve of the elections, wherein hearing of NRC cases would not be conducive, the court observed. “We have considered the submission advanced on behalf of the Union of India by the Attorney General and Solicitor General. At this stage, we are not inclined to pass any orders on the request,” the Bench ordered.
Expressing ‘disappointment’ with the stand of the Central government and making it clear that they are not going to extend the deadline, the Chief Justice said, “Is it too much to ask the Government of India for both the works to go on. Both the exercises are important for the country.”
Brushing aside the Centre’s request, the Bench asked the Election Commission to examine if it could hold the elections in the State by sparing the 3,457 officers who would continue with NRC update work.
“We have considered the report of the State Coordinator, NRC. We have also heard the Attorney General and the Solicitor General, who have, inter alia, argued that from the last date of submission of nomination till the date of poll, the NRC work should be suspended and such suspension should be also for a period of two weeks.
“However, taking note of the report of the State Coordinator, we direct that adequate number of State Government officials (number indicated by the State Coordinator as 3,457) which would consist of officers in different ranks be kept free for NRC work,” the order said.
The availability of the officers for NRC work would still leave out over 2,000 people currently engaged in NRC work for being engaged in election work at the relevant point of time. “We also request the Election Commission of India to examine the case of exemption of officers, in the rank of district magistrates, additional district magistrates, as mentioned in the report of the State Coordinator, from transfers which are likely to be made in view of the elections,” it said.
“The Election Commission of India will consider the matter keeping in mind that this court, which has consistently monitored the NRC work, is of the view that least interference should come in such works so that the final NRC is made and published on the stipulated date of July 31. A copy of the report of the State Coordinator should be furnished to the Secretary of the Election Commission of India forthwith,” the Supreme Court ordered.
The matter has been listed for further hearing in the first week of March.