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Assam NRC: Non-inclusion doesn’t mean declared foreigner, time limit to appeal increased to 120 days

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Assam NRC: Non-inclusion doesn’t mean declared foreigner, time limit to appeal increased to 120 days

With barely ten days to August 31 deadline for the final publication of Assam’s National Register of Citizens (NRC), the Ministry of Home Affairs (MHA) today (Tuesday, Aug 20) said that “non-inclusion of a person’s name in the NRC does not by itself amount to him/her being declared as a foreigner”.

The MHA said they would be given adequate opportunity to present their case before the Foreigners Tribunals (FTs). The time limit to appeal before the FTs is also being increased from 60 to 120 days. It said that State government would also “make arrangements to provide legal aid to the needy people amongst those excluded from the NRC.” Adequate number of such tribunals was being established at convenient locations.

Home Minister Amit Shah had reviewed the NRC process with Assam Chief Minister Sarbananda Sonowal and other senior officials on Monday.

The Ministry in its statement said, “It was decided that in order to facilitate the persons excluded from the NRC, adequate arrangements will be made by the State government to provide full opportunity to appeal against their non-inclusion.”

“Every individual, whose name does not figure in the final NRC, can represent his/her case in front of the appellate authority, i.e. Foreigners Tribunals. Under the provisions of the Foreigners Act 1946 and the Foreigners (Tribunals) Order 1964, only Foreigners Tribunals are empowered to declare a person as a foreigner. Thus, non-inclusion of a person’s name in the NRC does not by itself amount to him/her being declared as a foreigner.”

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“As it may not be possible for all those excluded from final NRC to file the appeal within the prescribed time, MHA will amend the rules to increase the present time limit of filing of appeals in FTs from 60 days to 120 days regarding exclusion from final NRC. The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 are also being amended accordingly,” the statement said.

In order to maintain law and order situation, central security forces were being provided as per assessment of the Assam government, the MHA said.

Assam Chief Minister Sarbananda Sonowal had indicated Monday that while the final NRC would be published on August 31, as mandated by the Supreme Court, the government could later enact a legislation on the enumeration process — if questions are raised over it.

This came a day after hundreds of Akhil Bharatiya Vidyarthi Parishad (ABVP) activists held a demonstration outside the office of the NRC coordinator in Guwahati, calling for “re-verification” of each application for inclusion in the rolls before the final list is published.

Besides, the Hindu Jagran Manch also staged a protest demanding postponement of the publication of the final NRC so that “no illegal migrant gets into it”, to prevent the exclusion of a large number of Hindus from the NRC, the Times of India reported.

“The NRC we are going to get on August 31 will leave out many genuine Indian citizens. If it is published in its present form, we will launch an agitation. Since there are instances of legacy data misuse, re-verification is essential,” Manch president said.

The BJP-led Sarbananda Sonowal government has argued that a foolproof NRC isn’t possible without proper re-verification of citizenship claims.

BJP legislator Shiladitya Dev said “many Hindu victims of Partition and their descendants may not have made it to the NRC” in the present form and their exclusion from the final list will have a “serious impact on Assam’s identity and culture”.

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Sonowal, who held a meeting with union home minister Amit Shah, said, “In a democracy, everyone has the right to ask questions. After the publication of NRC, if necessary in future, we will take whatever steps will be required.”

Sonowal was replying to a question on whether the government will explore some legislative options to deal with those whose names may be wrongfully excluded or included in the final NRC.

Assam, which had faced an influx of people from Bangladesh since the early 20th century, is the only state having an NRC that was first prepared in 1951. The list is being updated as per the directions of the Supreme Court to segregate Indian citizens living in Assam from those who had illegally entered the State from Bangladesh after March 25, 1971.

The Supreme Court has, in the past fortnight, twice rejected the State’s and the Home Ministry’s plea for re-verification. Around 41 lakh people have been excluded from the draft lists published in July 2018 and June this year. Around 36 lakh have filed claims against their exclusion and objections have been filed against two lakh inclusions. The hearing of these claims and objections are under way.

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A bench of the Supreme Court comprising Chief Justice Ranjan Gogoi and Justice R F Nariman had also said like Aadhaar data, an appropriate regime should be enacted for securing the NRC data.

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Fire in ICU at SCB medical college hospital in Cuttack kills 10 patients

Ten patients died after a fire broke out in the trauma ICU at SCB medical college hospital in Cuttack early Monday morning. Odisha Chief Minister Mohan Charan Majhi announced compensation and ordered a judicial probe.

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A major fire at the trauma care intensive care unit (ICU) of SCB Medical College and Hospital in Cuttack, Odisha, early Monday morning left ten patients dead and several hospital staff members injured.

According to officials, the fire broke out between 2:30 am and 3:00 am in the trauma ICU where critically ill patients were undergoing treatment. Emergency teams rushed to the scene soon after the incident, and multiple fire engines were deployed to control the blaze and assist in rescue operations.

Odisha Chief Minister Mohan Charan Majhi said hospital staff were injured while evacuating patients from the affected ward during the emergency.

Patients shifted as rescue operations continued

Following the fire, 23 patients were moved to other departments and wards within the hospital to ensure their safety and continued medical care.

Speaking to reporters, the Chief Minister said seven critically ill patients died while being shifted to other ICUs and wards, while three more succumbed later.

“A total of 23 patients have been shifted to other departments. Seven serious patients died while shifting to other ICUs and wards, while another three patients died later. I have directed the concerned officers for proper treatment of the injured patients,” Majhi said.

Chief minister visits hospital, announces compensation

Soon after the incident, Majhi visited the hospital along with Odisha Health Minister Mukesh Mahaling to review the situation. They also met patients who were undergoing treatment at the facility.

The Chief Minister announced financial assistance of ₹25 lakh for the families of each deceased patient.

He also ordered a judicial probe into the incident to determine the cause of the fire and examine safety measures at the hospital.

Authorities continue to monitor the condition of injured staff members and patients who were shifted from the ICU.

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Arvind Kejriwal moves Supreme Court against Delhi High Court order in excise policy case

Arvind Kejriwal has approached the Supreme Court challenging a Delhi High Court order related to proceedings in the excise policy case and alleging violation of his fundamental rights.

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Arvind Kejriwal

Aam Aadmi Party chief and former Delhi Chief Minister Arvind Kejriwal has approached the Supreme Court of India challenging certain proceedings in the Delhi excise policy case and alleging a violation of his fundamental rights.

In a petition filed under Article 32 of the Constitution, Kejriwal has questioned a decision of the Delhi High Court that put a freeze on remarks related to the investigation conducted by the Central Bureau of Investigation.

The petition also challenges an order of the High Court Chief Justice rejecting Kejriwal’s request to transfer the case to another bench.

Plea seeks change of bench

Earlier, on March 11, Kejriwal and several others submitted a representation to Delhi High Court Chief Justice Devendra Kumar Upadhyaya seeking reassignment of the case to what they described as an “impartial” judge.

In the representation, Kejriwal stated that he had a “grave, bona fide and reasonable apprehension” that the matter may not receive an impartial hearing before the current bench.

However, the Chief Justice declined the request and said the petition had been assigned as per the existing roster.

According to the communication sent by the High Court’s Registrar General on March 13 to eight individuals including Kejriwal, the Chief Justice noted that any decision on recusal must be taken by the judge hearing the matter and that there was no reason to transfer the petition administratively.

Order on trial court proceedings also challenged

Kejriwal has also challenged a March 9 order passed by Justice Swarana Kanta Sharma of the Delhi High Court.

In that order, Justice Sharma had stayed a trial court direction that called for an investigation into a CBI officer who handled the excise policy case. The High Court had also asked the trial court to defer proceedings connected to the anti-money laundering aspect of the case.

Justice Sharma had further rejected certain observations made by the trial court while discharging Kejriwal and 22 others, stating that some of those remarks were erroneous.

Hearing expected on CBI plea

Meanwhile, Justice Sharma is scheduled to hear a petition filed by the CBI challenging the discharge of Kejriwal, former Delhi Deputy Chief Minister Manish Sisodia and others in the excise policy case.

The matter remains under judicial consideration as the legal challenge now moves to the Supreme Court.

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Rajya Sabha elections Voting begins for 37 seats across 10 states

Voting for the biennial Rajya Sabha elections is underway for 37 seats across 10 states, with polling from 9 am to 4 pm and counting scheduled at 5 pm.

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Polling for the biennial Rajya Sabha elections is being held on Monday for 37 seats across 10 states, with voting taking place between 9:00 am and 4:00 pm, according to the Election Commission of India.

The counting of votes is scheduled to begin at 5:00 pm, after polling concludes. Authorities have issued detailed guidelines and deployed observers to ensure that the voting process takes place smoothly and in a transparent manner.

Seats across 10 states going to polls

The elections are being conducted to fill vacancies in the Upper House from several states. The 37 seats up for election are distributed across the following states:

  • Maharashtra – 7 seats
  • Tamil Nadu – 6 seats
  • Bihar – 5 seats
  • West Bengal – 5 seats
  • Odisha – 4 seats
  • Assam – 3 seats
  • Telangana – 2 seats
  • Chhattisgarh – 2 seats
  • Haryana – 2 seats
  • Himachal Pradesh – 1 seat

These biennial elections are held as sitting members of the Rajya Sabha complete their six-year terms.

Key leaders completing their terms

Several prominent members of the Upper House are set to complete their terms in April, leading to the current round of elections.

Among them are Union Ministers Ramnath Thakur and Ramdas Athawale, along with Rajya Sabha Deputy Chairman Harivansh Narayan Singh.

Other leaders whose terms are ending include Sharad Pawar, Upendra Kushwaha, Abhishek Manu Singhvi, M Thambidurai, and Tiruchi Siva.

Election Commission guidelines for voting

The Election Commission has issued specific instructions for voting during the Rajya Sabha elections.

MLAs participating in the election must use only the integrated violet sketch pen supplied by the Returning Officer to mark their preferences on ballot papers. The use of any other pen is not permitted.

Observers appointed by the Commission will monitor the polling process closely to ensure that the elections are conducted freely and fairly across all participating states.

With polling underway and counting scheduled later in the evening, results are expected to clarify the new composition of the Upper House.

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