Centre frames rules to file appeals after NRC exclusion

GUWAHATI: The Centre has laid down the procedure for filing appeals before the foreigners tribunal (FT) for people whose names do not figure in the final NRC to be published on July 31 by amending the Foreigners (Tribunals) Order, 1964.
The Union home ministry, in a gazette notification of May 30, said an applicant shall provide a certified copy of the rejection order received from the NRC authorities along with the grounds for appeal.However, the notification added that persons against whom the foreigners tribunals have 'already given opinion' earlier as foreigner will not be eligible to file appeals. Also, persons against whom 'reference' has already been made by the competent authority to any FT shall not be eligible to file appeals before the tribunal, the notification said.
"The appellant may appear either in person or through a legal practitioner or a relation authorized by the appellant in writing, subject to the acceptance of such representation by the tribunal," the notification said. It added that the tribunal shall issue a notice to the district magistrate to produce NRC records within 30 days from the date of receipt of the notice and a copy of the notice shall also be sent to the pleader appearing for the government and also the appellant.
The state government may appoint a pleader to represent the district magistrate. The notification said the district magistrate 'may also refer to the tribunal' for its opinion on whether the appellant is a foreigner or not.
"Upon production of records, if the tribunal finds merit in the appeal, it shall issue notice to the appellant and the district magistrate for hearing, specifying the date of hearing and such date shall be within thirty days from the date of production of the records," the notification said. It added that the final order of the tribunal shall contain its opinion on whether the appellant is eligible for inclusion in the NRC or not.
The All Assam Minority Students' Union (AAMSU), one of the stakeholders in the NRC case in the Supreme Court, said the central government issued the gazette notification without holding any consultations with the stakeholders. "Had there been consultation with the stakeholders prior to the issuance of gazette notification, we would have given our inputs for necessary amendments. We will soon meet chief minister Sarbananda Sonowal, as well as the Union home secretary, with our demands," said Aamsu adviser Azizur Rahman.
The names of 40.07 lakh people were excluded from the final draft NRC that was released on July 30 last year. Those who have been exluded include 'declared foreigners', doubtful 'D' voters and their family members. However, over 30 lakh people of 40.07 lakh have filed claims for inclusion in the final NRC. There are an estimated 1,19,559 'D' voters in the state.