Thread by @barandbench

Citizenship Amendment Act: Supreme Court to take up for hearing a batch of over 140 petitions concerning the controversial CAA today. #CAA #CitizenshipAmendmentAct #CAA_2019 #SupremeCourt

Over 140 petitions relating to the CAA listed today, most challenging the validity of the Act with a handful in support of the Act. Centre's plea for transfer of similar matters from His to SC is also likely to be heard #CAA #CitizenshipAmendmentAct #CAA_2019 #SupremeCourt

The Bench of CJI SA Bobde with Justices S Abdul Nazeer and Sanjiv Khanna has assembled and will begin hearing the matter shortly.

Attorney General KK Venugopal tells the Court that service of all petitions is not complete yet. Once that is fine, counters can be filed thereafter. #CAA2019 #CitizenshipAmendmentAct #SupremeCourt

Senior Counsel Kapil Sibal tells the Court that there is also a question of whether the matter should be heard by a larger Bench.

CJI Bobde says, "Maybe it should."

#CAA2019 #CitizenshipAmendmentAct #SupremeCourt

Sibal points out that the process of NPR is scheduled to start in April. He adds that this process should maybe be rescheduled for later. #CAA_NRC_NPR #CAA2019 #CitizenshipAmendmentAct #SupremeCourt

Senior Counsel Vikas Singh urges for interim order today itself and raises the issue of the situation in Assam. CJI SA Bobde tells him to serve a copy of the petition to the Centre if he wants to argue on the question #CAA_NRC_NPR #CAA2019 #CitizenshipAmendmentAct #SupremeCourt

CJI Bobde: We are not going to pass an ex parte order without the copy being served to the Centre #CAA_NRC_NPR #CAA2019 #CitizenshipAmendmentAct #SupremeCourt

Vikas Singh says there is a unique situation in Assam. When the cut-off date was extended from 1948 to 1971, it was challenged before the Court and the same is pending, to be considered by a Constitution Bench #CAA2019 #CitizenshipAmendmentAct #SupremeCourt

Singh says that there was an understanding that prior to 1971, there was persecution and the persecuted persons have come. "But there is no justification for people coming after 1971" #CAA2019 #CitizenshipAmendmentAct #SupremeCourt

Rajeev Dhavan makes a suggestion - Petitioners be heard on two questions:
1. Whether the matter needs to be heard by a Constitution Bench; and
2. Would there be an irreversible situation?

#CAA2019 #CitizenshipAmendmentAct #SupremeCourt

CJI Bobde points out that the Supreme Court also has to hear the Sabarimala reference #CAA2019 #CitizenshipAmendmentAct #supremecourtofindia #SupremeCourt

Indira Jaising intervenes, "Priorities will have to be set, My Lord". #CAA2019 #CitizenshipAmendmentAct #supremecourtofindia #SupremeCourt @IJaising

@IJaising CJI Bobde says that everyone has a right to exercise judicial remedy. If orders are passed on a batch of petitions, others may say they have been left out. CJI mulls over waiting till 99% of the petitions have come in and service complete #supremecourtofindia #SupremeCourt #CAA

@IJaising SG Tushar Mehta suggests that there be a freeze on filing further petitions and whoever else now wishes to to be heard, may file an intervention application #SupremeCourt #supremecourtofindia #CAA2019 #CAA

@IJaising Abhishek Manu Singhvi suggests that the matter be referred to a Constitution Bench now and in the meantime, the service and other process may be complete #supremecourtofindia #SupremeCourt #CAA2019 #CAA @DrAMSinghvi

@IJaising @DrAMSinghvi Sibal suggests that in the meantime, the process of NPR may be postponed by a few months. #SupremeCourt #supremecourtofindia #CAA2019 #CAA_NPR_NRC #CAA

@IJaising @DrAMSinghvi AG Venugopal opposes the suggestion of "stay". Sibal says they are not seeking a stay on the Act, but merely a postponement of a process under the Act #SupremeCourt #supremecourtofindia #CAA2019 #CAA_NRC_NPR

@IJaising @DrAMSinghvi CJI Bobde to Sibal, "You are asking for a stay without using the express words of stay" #SupremeCourt #supremecourtofindia #CAA2019 #CAA_NRC_NPR #CAA

@IJaising @DrAMSinghvi KV Viswanathan steps in to highlight the urgency and the need for the process of NPR to be postponed on the grounds that the exercise provides for "doubtful" status on one's citizenship #SupremeCourt #supremecourtofindia #CAA2019 #CAA_NRC_NPR #CAA

@IJaising @DrAMSinghvi A batch of petitioners raising the Assam issue seek to be heard and for notice to be issued. They propose for the general matter of CAA and the matter concerning CAA in Assam to be treated differently for the purpose of interim orders. #SupremeCourt #supremecourtofindia #CAA2019

@IJaising @DrAMSinghvi CJI Bobde says that the suggestion may be considered. #SupremeCourt #supremecourtofindia #CAA2019 #CAA_NRC_NPR #CAA

@IJaising @DrAMSinghvi Singhvi brings up the issue of "doubtful citizen" raised by KV Viswanathan, and tells the Court that in UP, several households have already been marked out to hint at doubtful status. Sibal adds that these people may lose voting rights #SupremeCourt #supremecourtofindia #CAA

@IJaising @DrAMSinghvi Sibal says that no rules have been framed and UP is already going ahead with the process #SupremeCourt #supremecourtofindia #CAA #CAA2019 #CAA_NRC_NPR

@IJaising @DrAMSinghvi CJI Bobde identifies that the challenge to CAA will have to be bifurcated in two sections - one concerning Tripura and Assam and another one concerning CAA generally

#SupremeCourt #supremecourtofindia #CAA #CAA2019 #CAA_NRC_NPR

@IJaising @DrAMSinghvi CJI Bobde says notice will be issued on all petitions. AG seeks a period of six weeks to file counters on the grounds that about 80 more petitions have been filed. Petitioners oppose the request for six weeks #SupremeCourt #supremecourtofindia #CAA #CAA2019 #CAA_NRC_NPR

@IJaising @DrAMSinghvi CJI Bobde says some small matters may be heard in chamber by the Court and for this, one or two persons on each side may be deputed by the leading Counsel #SupremeCourt #supremecourtofindia #CAA #CAA2019 #CAA_NRC_NPR

@IJaising @DrAMSinghvi Supreme Court issues notice on all the petitions, directs the petitioners to compile a list of all categories on which there has been a challenge that need to be heard by the Court. #SupremeCourt #supremecourtofindia #CAA #CAA2019 #CAA_NRC_NPR

@IJaising @DrAMSinghvi Centre granted four weeks to file it's reply #SupremeCourt #supremecourtofindia #CAA #CAA2019 #CAA_NRC_NPR

@IJaising @DrAMSinghvi Court hinted at setting up a five-Judge Bench to hear the case. The matter will be listed after five weeks for interim orders

#SupremeCourt #supremecourtofindia #CAA #CAA2019 #CAA_NRC_NPR

@IJaising @DrAMSinghvi The Court will also look at the Assam issue differently, however it clarifies that the same is for Court's benefit. All the matters will be heard together #SupremeCourt #supremecourtofindia #CAA #CAA2019 #CAA_NRC_NPR

@IJaising @DrAMSinghvi Citizenship Amendment Act 2019: Supreme Court hints that matter may be heard by Constitution Bench, no stay #CAA_NRC_NPR #CAA #supremecourtofindia #SupremeCourt

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