FOREIGNERS CAN BE REGISTERED AS CITIZENS UNDER CAA :HIGH COURT

A man from the Assam's state of Karimganj district, declared an illegal migrant hy a Tribunal has been registered as Indian citizen because he is Hindu ,the said resident of Assam was declared an illegal migrant by the district foreigners Tribunal in 2017 as he allegedly entered Assam after March 25,1971 , the cut -off date under the Assam accord to declare migrants as foreigners. The said resident told that his grandfather came to West Bengal from Bangladesh in 1964 when he was two years old much before the 1971 cut -off.The court overruled the Tribunals verdict. The central government brought the Citizenship amendments Act (CAA) however ruled to allow Indian citizenship to Hindus ,Sikhs , Christians,Parsis , Jain's and Buddhists but not Muslims from Pakistan , Bangladesh and Afghanistan .The Citizen named Paul came in Assam in 1984 .The court said that Paul entered India with his father and grandfather in September 1964 from the than East Pakistan now Bangladesh and they were given refugees status by the government of India as was evident from a certificate issued by the west Bengal government to members of the minority communities in East Pakistan desiring to stay in India .His grandfather name was found in the electroral list of West Bengal in 1966 ,and his father bought land in Kolkata in 1976 which shows they were considered Indian citizen.The tribunals order declaring Paul as illegal immigrant as he entered Assam after 1984 was valid under section 6A (2) of the citizenship Act,1955 which defines the cut-off date for granting citizenship to migrants in Assam,as such person who entered India and Assam between January first 1966 and March 25 1971 ,can get the benefit of citizenship if they had Register themselves before the competent registering authority .The court ordered that Paul will be entitled to considered for grant of citizenship by registeration under Citizenship Act 1955 .

OPPORTUNITY TO BE HEARD BY THE DEPARTMENT AND ALSO TO CONSIDER THE REPLY OF SHOWING CAUSE HAS BEEN PREFIXED AS THE LEGAL REMEDY BY COURT/ TRIBUNAL

Article-165(2)of the constitution shall describe the duty of the Advocate General to give advice to the government of the state upon such legal matters as found necessary under law code manual prefixed by the study of impact assessment realised by the court and also to perform such other duties of a legal character as required time to time and referred or assigned to him by the Governor and also to discharge the functions conferred on him by the constitution or any other law being in force . Section 27 of the code of civil procedure provides duty of the summons required to be issued as prescribed under law to defend and answer the claim for which a reasonable opportunity of showing cause in respect of the relief prayed for in the suit that the court shall ,if it is satisfied after hearing the parties,that no urgent or immediate relief need be granted in the suit, return the plaint for presentation to it after complying with the requirements of sub section (1). Similarly section 24 of the Administrative Tribunal act 1985 provides further proceedings in the such case against whom such Application is made or proposed to be made and opportunity is given to such party to be heard in the matter .Tribunal may dispense with the requirements and make an interim order as an exceptional measures if it is satisfied,for reasons to be recorded in writing that it is necessary for preventing any loss being caused to the Applicant which can not be adequately compensated .As such copies of the Applications filed before the Administrative Tribunal are required to be sent to the department concerned and opportunity given to the department to be heard in the matter before interim orders are passed and reply of the showing cause in respect of the relief prayed verified and adjudged as per the law and rules specified in the submission before the Department