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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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Cockroach Janta Party gives CEC Gyanesh Kumar 48 hours to resign, warns of nationwide protests

Cockroach Janta Party founder Abhijeet Dipke has demanded the resignation of Chief Election Commissioner Gyanesh Kumar within 48 hours, warning of a nationwide agitation if the demand is not met.

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Cockroach Janta Party (CJP) founder Abhijeet Dipke has demanded that Chief Election Commissioner Gyanesh Kumar resign within 48 hours, warning that the organisation will launch a nationwide agitation if he does not step down.

The demand was made during a press conference on Thursday amid a wider controversy surrounding the Election Commission’s handling of electoral-roll-related matters and the ongoing Special Intensive Revision (SIR).

Dipke alleged that the functioning of the Election Commission under Kumar had raised concerns over the electoral process. These claims are allegations made by Dipke and should not be treated as established facts.

What did Abhijeet Dipke demand?

Dipke called for Gyanesh Kumar’s resignation within 48 hours. He warned that the CJP would begin a nationwide protest if the Chief Election Commissioner did not step down within the deadline.

The organisation said the proposed agitation would follow the lines of its earlier protest at Delhi’s Jantar Mantar.

The CJP also raised other demands related to the electoral process, including a halt to ongoing electoral exercises and the Special Intensive Revision of electoral rolls.

Why is CJP demanding Gyanesh Kumar’s resignation?

The demand comes amid a controversy over the Election Commission’s electoral-roll processes.

The demand came amid a controversy over the Election Commission’s handling of the Special Intensive Revision (SIR) of electoral rolls, following a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised questions about the exercise. 

However, the Election Commission has rejected the suggestion that these differences represented a division within the three-member poll panel. The Commission said that differing views, written notes and internal checks are part of its deliberative process and maintained that decisions, including those concerning SIR, were taken unanimously.

What has Abhijeet Dipke alleged?

Dipke has alleged that more than 13 crore votes were deleted from electoral rolls and questioned the reasons behind the deletions.

He also alleged that voter deletions had affected Opposition leaders and referred to several political figures while making his claims.

These figures and allegations were presented by Dipke during the press conference. They should therefore be attributed to him rather than stated as independently verified facts.

Dipke also questioned whether the alleged deletions could affect the political balance in elections.

What happens if Gyanesh Kumar does not resign?

According to Dipke, the CJP will launch a nationwide agitation if the Chief Election Commissioner does not resign within 48 hours.

He said the organisation would continue its campaign until its demand for Kumar’s resignation was met.

The CJP has also announced a broader campaign against the Election Commission, while warning of further protests.

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Rahul Gandhi attacks CEC Gyanesh Kumar, says vote chori leads to kanoon chori

Rahul Gandhi accused the Election Commission of failing to protect voters and linked his “vote chori” allegation to what he called “kanoon chori”.

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Congress leader and Leader of Opposition in the Lok Sabha Rahul Gandhi on Thursday launched a fresh attack on Chief Election Commissioner Gyanesh Kumar and the Narendra Modi government, alleging irregularities in India’s electoral process.

Addressing a press conference in Delhi, Mr Gandhi linked his earlier allegations of “vote chori” with what he described as “kanoon chori”, arguing that alleged manipulation of votes would have consequences for the country’s law-making and institutional systems.

“From vote chori comes kanoon chori,” Mr Gandhi said, arguing that if votes had been stolen, laws and institutional changes made by lawmakers elected through those votes would also be affected.

Rahul Gandhi attacks Gyanesh Kumar

Mr Gandhi specifically targeted Chief Election Commissioner Gyanesh Kumar and questioned the Election Commission’s handling of the electoral process.

His remarks came amid reports of differences within the poll body over the Special Intensive Revision (SIR) exercise. Mr Gandhi referred to reported concerns involving the Election Commission and alleged that questions raised about the functioning of the poll panel had not been adequately addressed.

He also alleged that the Election Commission had failed in its responsibility to protect the vote, which he described as the foundation of India’s democratic and constitutional system.

‘Vote chori’ claim

Mr Gandhi reiterated his allegations of irregularities in elections and said the issue went beyond individual voters.

He argued that the vote gives power to the Constitution, while the Constitution provides the basis for laws and institutions. On that basis, he said alleged destruction of the voting process would have wider consequences for the country’s constitutional system.

Mr Gandhi also questioned what he described as the disappearance of anti-incumbency in elections involving the BJP, comparing recent electoral outcomes with earlier political trends.

He alleged that the 2024 Lok Sabha and Assembly elections had been manipulated. These remain allegations made by Mr Gandhi and should not be presented as established facts.

Attack on Modi and Amit Shah

During the press conference, Mr Gandhi also targeted Prime Minister Narendra Modi and Union Home Minister Amit Shah while making his allegations about the electoral process.

He questioned the role of the Election Commission and its leadership, and called for accountability over what he described as irregularities affecting India’s voting system.

Mr Gandhi said he was presenting evidence for his allegations and maintained that the issue concerned not only elections but also the functioning of democratic institutions.

The Election Commission’s reported internal differences over the SIR exercise formed part of the backdrop to his remarks. The claims made by Mr Gandhi concern his interpretation of those developments and are distinct from established findings about election manipulation.

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Ram Temple donation theft case chargesheet filed, trustees not named

A chargesheet has been filed in the Ram Temple donation-theft case in Ayodhya. The temple trust’s trustees have not been named as accused.

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A chargesheet has been filed in the case involving alleged theft of donations at the Ram Temple in Ayodhya. The chargesheet, however, does not name the trustees of the temple trust as accused.

The development comes after an investigation into several instances of alleged theft of donations at the temple complex. The probe had examined CCTV footage and other evidence related to the incidents.

Chargesheet filed in donation theft case

The chargesheet has been submitted against those accused in connection with the alleged theft of donations at the Ram Temple.

Importantly, the trustees of the Shri Ram Janmabhoomi Teerth Kshetra Trust have not been named as accused in the chargesheet.

The investigation had focused on incidents in which donations were allegedly stolen from the temple premises. CCTV footage was examined as part of the probe into the reported thefts.

Investigation into 105 theft incidents

An earlier investigation had identified 105 instances of alleged donation theft through CCTV footage. The probe examined the incidents and the people allegedly involved in them.

The case had also led to arrests of accused persons named in the FIR. The investigation subsequently examined the role of individuals connected with the incidents.

The filing of the chargesheet marks a further step in the criminal proceedings related to the alleged theft of donations at the Ram Temple.

Trustees not named as accused

The chargesheet does not name the temple trust’s trustees as accused. This distinction is significant because the filing concerns the individuals against whom the investigating agency has proceeded in the case.

The chargesheet will now form part of the legal proceedings, while the matter will be dealt with through the appropriate judicial process.

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