NRC Current Affairs - 2019

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SC Verdict: Foreigners Tribunal decision will prevail over NRC

The Supreme Court of India has held that a Foreigner Tribunal’s order declaring a person as an illegal foreigner will be binding and will prevail over government decision to include or exclude name from National Register of Citizens (NRC) in Assam.

Key Highlights

  • Argument: The SC bench constituted of Chief Justice of India (CJI) Ranjan Gogoi and SC Justice Deepak Gupta and Justice Sanjiv Khanna unanimously distinguished between decisions of NRC) and of foreigners tribunals and upheld that the tribunal’s order being the quasi-judicial one will prevail.
  • Verdict: As per SC the persons whose names are not included in NRC in Assam can produce documents including ones related to their family tree and thus seek review of tribunal’s decision. As per SC it cannot create an appellate forum for those, declared as illegal foreigners by the foreigners tribunal, by using its power under Article 142 of Indian Constitution.
  • Outcome: If the name of a person, included in NRC in Assam is deleted on ground that he was a foreigner, then principle of ‘res-judicata’ (a judicially decided issue cannot be re-agitated) would apply on decision taken by foreigners tribunal. Thus a person who has been declared an illegal immigrant cannot seek re-decision (right of appeal) against exclusion or dropping of his name in normal circumstances.

About Foreigners (Tribunal) Order, 1964

  • The order was passed by Government of India (GoI) under section 3 of foreigners Act, 1946.
  • The GoI can constitute foreigners tribunals whenever required to look into question of whether a person is or not a foreigner within the meaning of Foreigners Tribunals act, 1946.
  • The Foreigners tribunal shall consist of persons having judicial experience as government may think fit to appoint.
  • It has powers of a civil court while trying a suit under code of civil procedure, 1908. It includes summoning any person, requiring any document and issuing commissions for examination of any witness.

Month: Categories: Constitution & Law

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India and Bangladesh to co-produce movie on Sheikh Mujibur Rahman

India and Bangladesh will jointly produce a feature movie on life and works of Bangabandhu Sheikh Mujibur Rahman (founding father of People’s Republic of Bangladesh) and also a documentary on Bangladesh Liberation War (1971). India’s state broadcaster Prasar Bharati will co-produce the film.

Bilateral Meet

  • The decision was taken after Bangladeshi delegation led by Dr. Gowher Rizvi (adviser to Prime Minister of Bangladesh) recently met secretary and other officials of Information & Broadcasting Ministry and focussed on various aspects of making of feature film.
  • The announcement is a culmination of three-year dialogue between India and Bangladesh on the issue. Earlier, decision of co-production was announced by Prime Ministers of India Narendra Modi and of Bangladesh Prime Ministers Sheikh Hasina.
  • The movie announcement comes in backdrop of raging debate on National Register of Citizens (NRC) in northeast which seeks to disenfranchise Bangladeshi migrants.

Key Agreement

  • Movie on Sheikh Mujibur Rahman will be directed by renowned filmmaker Shyam Benegal and script will be written by Atul Tiwari.
  • Bangladeshi Delegation assured full cooperation in ensuring smooth logistics for shooting movie in Bangladesh.
  • For documentary on Bangladesh Liberation War (1971) it was mutually agreed that director would be from Bangladesh and he will be assisted by a co-director from India.
  • Other decisions: Prasar Bharati agreed to carry Bangladesh TV on DD Free Dish platform without charging carriage fees (i.e. free of cost.). In a reciprocal gesture, delegation from Bangladesh announced that a Doordarshan channel will be adopted on the about to launched DTH platform of Bangladesh. A working agreement on cooperation between All India Radio (India’s national public radio broadcaster) and Bangladesh Betar (state-owned radio broadcasting organisation of Bangladesh) was also agreed upon between the two countries starting from next month.

Month: Categories: International

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