IUML approaches SC for stay on MHA order allowing citizenship to non-Muslims

The Indian Union Muslim League has approached the Supreme Court seeking a stay on May 28 order of Ministry of Home Affairs which allowed certain districts to grant citizenship to non-Muslim refugees from Afghanistan, Bangladesh and Pakistan.

The application contended during the pendency of petitions related to validity of the Citizenship Amendment Act, 2019 before the top court, the MHA has gone ahead and issued the order which was "illegal".

"If the court strikes down the Amendment Act and rules on providing citizenship on the basis of religion, then to take back the citizenship of these persons, granted pursuant to the present order, will be a herculean task and would be near impossible to implement," it contended.

Read | Non-Muslim refugees can now apply for citizenship: GoI

The petitioner-political party claimed that during the past hearing in the top court on the CAA, the Centre had given an assurance that staying of the new law was not necessary since the rules had not been framed.

“However, the Union government, in a roundabout way, and in an attempt to circumvent the assurance given to this court, have sought to implement their mala fide designs envisaged under the Amendment Act through the recently issued order dated May 28," the plea alleged.

The petitioner sought stay on any further proceedings pursuant to the May 28 order issue.

The plea claimed the Centre has illegally permitted the collectors of the chosen districts to grant citizenship to persons belonging to Hindus, Sikhs, Buddhists, Jains, Parsis and Christians.

"Furthermore, the order does not withstand the test of Article 14 (of the Constitution) inasmuch as it treats people within a particular class i e persons entitled to apply for citizenship by registration and naturalisation unequally by virtue of their religion," the application contended.