SC seeks Centre’s reply on petition citing violation of Assam accord
The Supreme Court has asked the Centre if a new order allowing persecuted minorities entry to India violates the Assam Accord's 1971 deadline.
The Supreme Court on Thursday sought the response of the Centre on whether the recent government order permitting religious minorities facing persecution in three neighbouring countries a free passage to India till December 31, 2024 violates the Assam Accord of 1985 which froze the deadline for such entry of illegal immigrants into the state of Assam at March 25, 1971.
“You have raised an interesting point,” said a bench of Chief Justice of India (CJI) Surya Kant and justice Joymalya Bagchi as it issued notice on the petition filed by Asom Gana Parishad (AGP) which has challenged the Immigration and Foreigners (Exemption) Order 2025 issued by the ministry of home affairs (MHA) on September 1 this year.
That order effectively extends the benefit of the Citizenship Amendment Act, which says persecuted minorities from these countries who entered India before December 31, 2014 would be eligible for citizenship.
The AGP petition, argued by senior advocate Jayant Bhushan and filed by advocate Rahul Pratap restricted the challenge to its application to Assam, and said that once the Assam Accord has fixed the deadline as March 25, 1971 and the same was given statutory backing by enacting section 6A of the Citizenship Act, those persons who enter after this date enjoy no legal protection and have to be deported .
Bhushan further stated that the issue becomes more relevant as a five-judge bench of the top court on October 17, 2024 upheld the validity of section 6A and any attempt to now move the deadline for entry into any state into India, including Assam, will not only give legal cover to illegal immigrants who have remained after 1971 but also amount to a violation of court’s binding direction.
CJI Kant was a part of the five-judge Constitution bench that had upheld section 6A by a 4:1 majority.
The September 1 order exempts Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Pakistan and Bangladesh who have entered India on or before December 31, 2024 due to religious persecution to settle and stay in the country even without valid travel documents.
The court issued notice on the petition to the MHA, ministry of external affairs and Assam government and directed it to be listed along with a pending batch of matters where the Citizenship Amendment Act 2020 is already under challenge.
