The apex court declined to pass any interim order without hearing the ECI; next hearing fixed for December 16.
NEW DELHI — The Supreme Court on Tuesday issued a notice to the Election Commission of India (ECI) on a plea challenging Assam’s exemption from the pan-India SIR drive even when the state has witnessed the “largest influx of foreigners”.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi sought the poll panel’s response after senior advocate Vijay Hansaria, appearing for petitioner Mrinal Kumar Choudhury, submitted that “Assam had been singled out” for the exemption.
The apex court declined to pass any interim order without hearing the ECI. The division bench said, “ECI might have done it (SR) because of special laws in Assam, the constitution of foreigners tribunals, etc., might be.”
The bench will hear the matter on Tuesday next.
Senior Advocate Vijay Hansaria said, “I don’t understand why Assam is singled out despite having a large presence of illegal migrants.”
He prayed for a stay of the ongoing SR process in Assam. The court, however, denied the plea for stay.
Hansaria said that the Supreme Court’s recent multiple judgements recognised large-scale demographic change in Assam due to illegal migrants. He said that unlike SIR, electors need not submit any proof for their citizenships, age, etc. “There are lakhs of illegal immigrants whose names have been incorporated in the electoral roll. If SIR doesn’t take place in Assam, these people will get the right to vote in the next election in the state and imbalance its socio-political and demographic scenario,” the senior advocate said.
The petitioner said that while Bihar was the first to undergo SIR, during which a significant number of ineligible voters were removed, 12 other states are currently undergoing the same stringent process. “Why did the ECI exempt Assam from the SIR? Assam’s demographic profile and the history of illegal migrants make it a state where an intensive roll revision is constitutionally necessary,” the petitioner said.
