SC reserves order on foreigner's tribunal superseding NRC decision

Supreme Court on Thursday reserved its order on whether a judicial decision of the Foreigners Tribunal in Assam will supersede the decision of the National Register of Citizens (NRC) on declaring a person as a foreigner.

A bench headed by Chief Justice Ranjan Gogoi reserved the order on the plea after hearing arguments of petitioner's advocate Kapil Sibal and advocates appearing for the Centre and Assam.

On Tuesday, Supreme Court sought the presence of Chief Secretary and Home Secretary of Assam on Thursday before deciding the issue.

During the hearing, senior advocate Kapil Sibal, appearing for one Abdul Kuddus, told the bench that apex court should carve an appellate forum for such persons who figure in NRC but are declared foreigner by tribunals.

The court has to decide that if the name of a person has been included in NRC under an executive exercise and the same person has been judicially determined as a foreigner, and such finding has attained finality by courts at different stages, which of the contrary view will supersede.

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

State of Assam and Centre had earlier said that judicial verdict will supersede the NRC executive exercise.