GUWAHATI: Prabajan Virodhi Manch (PVM) has said there is no need to approach the Supreme Court for re-verification of those wrongfully enrolled in the final NRC.
“The power to review and undertake re-verification of the final NRC is an executive power vested in the government and there is no requirement to seek orders from the Supreme Court in this regard,” PVM convener Upamanyu Hazarika said.
Addressing a press conference here on Tuesday, Hazarika said even though many ministers, BJP leaders, AGP and AASU have been making public announcements of approaching the Supreme Court seeking re-verification of the NRC, the government has all the powers under the existing legal provisions to undertake the re-verification exercise.
“Under the provisions of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules 2003, the power to direct re-verification, both at the draft NRC stage and after publication of the final NRC rests in the executive and there is no necessity to apply to the court,” Hazarika who is also a senior advocate in Supreme Court, said.
Hazarika said in case of the NRC, after its final publication, Rule 10 of the Citizenship (Registration of Citizens and Issue of National Identity Card) Rule 2003 vests power in the Registrar General of India (RGI) or his nominee to remove any name from the citizens’ registrar if it is found to be on the basis of incorrect particulars.
“The statutory position being that the executive has the authority to re-verify entries in the NRC, a fact-finding investigation in this regard will enable the RGI to undertake re-verification,” Hazarika said.
The PVM has already submitted memoranda to Prime Minister Narendra Modi, Union Home Minister Amit Shah and Chief Minister Sarbananda Sonowal pointing out the statutory provision.
“The Supreme Court intervened in the NRC process only when the government did not act. Had successive governments carried out the NRC updating process of their volition, intervention of the Supreme Court would not have warranted and it is now up to the government and the leaders to take forward the task which is actually theirs and not the court’s,” Hazarika said.