In New Delhi, Asaduddin Salahuddin Owaisi, the chief of All India Majlis-e-Ittehadul Muslimeen (AIMIM), has submitted a petition to the Supreme Court, urging an order to halt the enforcement of the Citizenship Amendment Act, 2019, and the Amendment Rules, 2024.
The plea, lodged by legal representative M R Shamshad, contends that “the Amendment Act exhibits an unwholesome association with the National Register of Citizen ‘NRC’ initiative, concluded in Assam and proposed to be instigated nationwide”.
“The imminent repercussion of activating the Amendment Act, unless restrained by this tribunal, would result in all non-Muslims omitted/excluded from the Assam NRC being permitted to seek citizenship under the 2024 Regulations, leaving solely Muslims omitted/excluded from the NRC subject to executive discretion for repercussions consequent to loss of citizenship,” the petition added.
Emphasizing that the menace presented by the CAA isn’t merely one of under-inclusion in granting citizenship but unequivocally isolating a minority community to selectively take action against them following the denial of citizenship.
The plea asserted that any such selective action against Muslims omitted/left out from the NRC would be burdensome, potentially irreversible, and entirely unconstitutional. “Thus, prior to this Court’s opportunity to adjudicate the constitutional validity of the Amendment Act, this constitutes adequate grounds in itself for this Hon’ble Court to suspend the 2024 Regulations/implementation of the Amendment Act,” the plea asserted.
Further, the plea added that the immediate consequence of this Amendment Act as operationalized by the 2024 Rules is to offer any person from Afghanistan, Bangladesh, and Pakistan professing the Muslim faith, desiring Indian citizenship, an enticement/incentive to alter their faith before applying for citizenship to benefit from the relaxed citizenship requirements. “Hence, this is patently unconstitutional, violating Article 14 and 25, and its effect, if allowed to be operationalized, would be irreversible,” it contended.
The apex court is slated to hear a cluster of petitions seeking suspension of the recently-notified Citizenship Amendment Rules on March 19.