NRC: Govt paves way for appeal in tribunals

New Delhi: With the final list of the National Register of Citizens (NRC) in Assam getting ready to be published in less than two months, the Centre has set the ball rolling for those whose names are missing to approach the foreigners tribunals. The tribunals will deliver their verdict within four months of “missing persons” submitting their records.

While exercising its powers conferred by the Foreigners Act, 1946, Union home ministry issued an order saying a person whose name is not part of the NRC, currently being updated in Assam, can approach any such tribunal with a certified copy of the rejection order received from the NRC authorities along with the grounds for appeal. The order was uploaded on the web site of the union Home Ministry on Thursday night.

“The final order of the tribunal shall contain its opinion on the matter whether the appellant is eligible for inclusion in the NRC or not. It shall also contain the opinion of the tribunal on the reference of the district magistrate. The final order of the tribunal shall be a concise statement of facts and conclusion based on which the tribunal has arrived at such an opinion. The final order of the tribunal containing its opinion shall be given within a period of 120 days from the date of production of the records,” the MHA order said.

When the draft NRC was published on July 30, 2018, there was a huge controversy over the exclusion of 40.7 lakh people from it. The draft NRC included the names of 2.9 crore people out of the total 3.29 crore applications. The final NRC, a list of Assam’s residents, will be published on July 31. According to the latest MHA order, the appellant may appear either in person or through a legal practitioner or a relation authorised by the appellant in writing subject to the acceptance of such representation by the tribunal. The state government may appoint a pleader to represent the district magistrate (DM) or the deputy commissioner (DC).

The tribunal shall issue a notice to the DM/DC to produce NRC records within 30 days from the date of receipt of the notice and a copy of the notice shall also be sent to the pleader appearing for the government and to the appellant.

The DC will provide the NRC records in original, including the application form and documents submitted by the appellant and orders passed by the NRC authorities to the pleader appearing for the government against the claims or objections filed by the appellant, the order states. The DC may also refer to the tribunal for its opinion the question as to whether the appellant is a foreigner or not within the meaning of the Foreigners Act, 1946.

In case of such reference to the tribunal, the tribunal shall examine the reference along with the appeal, it adds. Persons against whom a reference has already been made by the competent authority to any foreigners tribunal shall not be eligible to file the appeal before the tribunal. If any foreigners tribunal has already given opinion about a person earlier as a foreigner, such person shall not be eligible to file an appeal to any tribuna, the ministry said.

On behalf of the DC, the pleader shall produce the NRC records before the tribunal. Upon production of the records, if the tribunal finds merit in the appeal, it shall issue notice to the appellant and the DC for hearing specifying the date of hearing and such date shall be within 30 days from the date of production of the records.