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Stay deportation of woman excluded from final draft of NRC after proving her identity: Supreme Court

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The Supreme Court of India has put a stay on the the deportation of a woman who was excluded from the final draft of the Assam’s National Register of Citizens.

A Bench comprising of Justice DY Chandrachud and Justice Hima Kohli have also sought the response of the Central government and that of the State of Assam on the plea which challenges the decision of the Gauhati High Court as well as the Foreigners Tribunal.

The Gauhati High Court in the year 2019 had affirmed that a 2017 Foreigners tribunal verdict that had deemed the petitioner as having entered Assam from Bangladesh after the cut-off date of March 25, 1971.

The petitioner however contended that the tribunal and the High Court have completely ignored the fact that the woman along with all her family members is an Indian citizen by birth also.

To prove herself, she produced a host of documents supporting the fact that she has been a citizen of this country and her name should feature in the draft list of NRC.

The petitioner has not only provided all her documents to prove her identity , but has also furnished the concern agency the documents belonging to her parents which range back in the pre-1971 lists as well as certificates from her panchayat to show that they have forever been citizens of India.

It was submitted that having discharged her burden under Section 9 of the Citizenship Act, the High Court and the tribunal in ignoring her documents had caused a grave miscarriage of justice.

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