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Home Court News Updates Supreme Court SC reserves judgment on whether a person declared foreigner has the right to plead his omission of name from NRC

SC reserves judgment on whether a person declared foreigner has the right to plead his omission of name from NRC

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SC reserves judgment on whether a person declared foreigner has the right to plead his omission of name from NRC
The All Bengal Minority Youth Federation protesting against the NRC draft in Kolkata/Photo: UNI

The Supreme Court on Thursday (Mar 28) reserved its judgment on whether a person who has been proclaimed a foreigner by a judicial tribunal has the right to plead his omission or dropping of name from the National Register of Citizens (NRC).

At today’s hearing, Senior Advocate Kapil Sibal appearing for the petitioner Abdul Kuddus and others reiterated his request before the apex court to form an appellate forum while exercising its jurisdiction under article 142.

Solicitor General Tushar Mehta countering Sibal’s arguments by saying: “Under article 142 courts cannot supplement a law which is fundamentally absent in the provisions.”

Sibal opposed it and cited Aadhar judgment wherein the court directed appeal under the ambit of article 142.

CJI replied to Sibal: “Civil law is master of all remedies.  Go and seek an injunction to the effect that the government cannot deport, go for declaration etc,” and reserved the judgment.

—India Legal Bureau