SC seeks presence of senior Assam bureaucrats to decide on foreigners tribunal superseding NRC decision

Supreme Court has sought the presence of Chief Secretary and Home Secretary of Assam before it to decide whether a judicial decision of the Foreigners Tribunal will supersede the decision of the National Register of Citizens (NRC) authorities.

A bench headed by Chief Justice Ranjan Gogoi sought the presence of Secretaries on Thursday to assist it in deciding the issue.

State of Assam and Government of India have already said that judicial verdict of the tribunal will supersede the NRC executive exercise.

During the hearing, senior advocate Kapil Sibal appearing for the petitioner has argued that if the name of a person is there in the NRC but he has been declared a foreigner by the tribunal, he should have the right to appeal.

Sibal has also argued that though the NRC statute does not have a specific remedy, the Supreme Court can carve out an appeal procedure.

A bench headed by Chief Justice Ranjan Gogoi asked petitioners to show how the Supreme Court can pass orders to create a right to appeal and an appellate authority in case of contradicting orders.

"What happens if the decision of Foreigners Tribunal says one thing and the NRC decides opposite?" asked CJI.

The court will be hearing the matter next on March 28.