The Supreme Court on Tuesday asked the Assam chief secretary and home secretary to appear before it on whether a person whose name is included in the National Register of Citizens (NRC) but he has been declared a foreigner by the tribunal can cast his or her vote or not.
On Tuesday there was no clarity in the Supreme Court on the matter. The court will again hear the matter on Thursday.
Taking up the case, a Supreme Court bench headed by chief justice Ranjan Gogoi has sought the presence of chief secretary and home secretary of Assam before it to decide whether a judicial decision of the Foreigners Tribunal will supersede the decision of the NRC authorities.
The state government and Centre have already said that judicial verdict of the tribunal will supersede the NRC executive exercise.
Appearing for the petitioner, Kapil Sibal during the hearing has 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 has also argued that though the NRC statute does not have a specific remedy, the Supreme Court can carve out an appeal procedure.
The bench has asked petitioners to show how the Supreme Court can pass orders to create a right to appeal and an appellate authority in case of contradicting orders.