ORDER

Date : 22-06-2018 (Ujjal Bhuyan, J.)

This case was heard yesterday and today is fixed for delivery of order.

(2) We have heard Mr M Pracha, learned counsel for the petitioner and Mr N Dutta, learned senior counsel assisted by Ms A Verma, learned counsel representing the State Coordinator, National Register of Citizens (NRC)(Assam).

(3) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of notification dated 2.5.2018 issued by the Principal Secretary to the Government of Assam, Home and Political Department and State Coordinator, NRC and addressed to the Deputy Commissioners & District Registrars of Citizen Registration(DRCR) stating that names of brothers, sisters and other family members of the declared-foreigners should not be included in the NRC until finalization of references and also to the Local Registrars of Citizen Registrations(LRCR) to put on hold their decisions regarding inclusion of such category of persons in the NRC.

(4) According to the petitioner, he had applied for including his name in NRC as a resident of Sundarpur village under Fakiraganj police station in Dhubri district of Assam. His brother, Aynal Hoque, was declared as a foreigner by the Foreigners Tribunal IV, Goalpara by order dated 30.5.2017 passed in FT(G-4)435/2016 and this order is under challenge before this court in WP(C) No.5927/2017. He has expressed the apprehension that in terms of the notification dated 2.5.2018 his name would not be included in the NRC. Contending that the said notification is contrary to paragraph 3(2) of the schedule to the Citizenship(Registration of Citizens and Issue of National Identity Cards) Rules, 2003, he submits under the said provision only the names of persons who have been declared illegal foreigners by the competent authority shall not be included in the consolidated list and under paragraph 2(3) of the schedule, the NRC should contain the names of persons whose names appear in any of the electoral rolls up-to the mid-night of 24th March 1971 or in the 1951 NRC and their descendants. Therefore, it is contended that the impugned notification dated 2.5.2018 is in violation of the statutory provisions and should be set aside.

(5) This court on 30.5.2018 had issued notice but rejected the prayer for stay with the observation that the question as to whether the High Court should examine this issue at all when the Supreme Court is monitoring the NRC updation exercise will also remain open.

(6) Sri Prateek Hajela, Principal Secretary to the Government of Assam, Home and Political Department as well as the State Coordinator, NRC, has filed a detailed affidavit opposing the prayer made by the petitioner and seeking dismissal of the writ petition, contending that issuance of the notification dated 2.5.2018 is perfectly in order and is in tune with the various orders passed by the Supreme Court as well as by the High Court from time to time and also as per approval granted by the Registrar General of India.

(7) Submissions made in the course of the hearing by Mr Pracha and Mr Dutta, learned counsel for the parties, have been taken note of.

(8) At the outset it would be apposite to mention that the NRC updation exercise in the State of Assam is being carried out under the Citizenship(Registration of Citizens and Issue of National Identity Cards) Rules, 2003, framed under Section 18(1)(3) of the Citizenship Act, 1955. Rule 3 provides for a national register of Indian citizens, while Rule 4 lays down the procedure for preparation of national register for Indian citizens. However, in so far State of Assam is concerned a separate procedure is laid down in Rule 4(a). A schedule appended to the Rules lays down the special provisions as to the manner of preparation of NRC of Indian citizens in the State of Assam. As per paragraph 2 (3) of the schedule, the NRC should contain the names of persons whose names appear in any of the electoral rolls upto the midnight of March 24, 1971 or