In The Supreme Court of India
In The Supreme Court of India
In The Supreme Court of India
-VERSUS-
WITH
PAPER BOOK
(PLEASE SEE INDEX INSIDE)
FILED BY:-
EJAZ MAQBOOL, ADVOCATE FOR THE PETITIONERS
INDEX
Part I Part II
(Contents (Contents
of Paper of file
Book) alone)
(i) (ii) (iii) (iv) (v)
1. Court Fees
2. Listing Proforma A - A1 A - A1
19. F/M 89
20. V/A 90 - 91
A
LISTING PROFORMA
IN THE SUPREME COURT OF INDIA
SECTION - (PIL-W)
Section: Articles 13, 14, 15, 21, 51(c) & 51-A of the Constitution
of India, Section 3(1) of the Citizenship Act, 1955,
Sections 1, 2, 3, 4, 5, 6 of the Citizenship (Amendment)
Act, 2019.
Central Rule : NA
Rule No(s) : NA
State Act : NA
Section : NA
State Rule : NA
Rule No(s) : NA
High Court : - NA
Names of Judges: NA
Tribunal/Authority: NA
6. (a) Similar disposed of matter with citation, if any, & case details: No Similar
matter is disposed of.
(b) Similar pending matter with case details: - Writ Petition (C) No. 1470/2019
& other connected matters.
7. Criminal Matters:– NA
EJAZ MAQBOOL
Advocate for the Petitioners
Code No. : 180
New Delhi E-mail ID:-emaqbool@gmail.com
Dated: 03.01.2020
B
SYNOPSIS
The present Writ Petition is being filed by the Petitioners herein under
following as unconstitutional:
“Impugned Act”)
Notification”)]; and
The Petitioners are further filing the present petition seeking a direction
law to protect and advance the cause of civil and human rights in India.
civil rights group which was setup in 2006 to defend the rights of the
unprivileged sections of the society. The Petitioner No.1 has in the past
provided legal aid to the victims of illegal detention, custodial death, fake
Petitioner No.2 is the Secretary of the Petitioner No. 1 Society and the
Society.
The Petitioners herein are challenging the Impugned Act as well as the
submitted that the Impugned Act, the Impugned Provisions and the
constitution.
D
(ii) The Impugned Act and the Impugned Notifications are
(iii) The Impugned Act has classified the persons who have illegally
entered into India in two classes, viz. migrants from the three
included within the Impugned Act, Muslims and Jews have been
minority sects like Ahmadiyyas, Shias and Hazaras have also been
confirm whether a person who has crossed the borders of India has
the other two categories i.e. Section 3(1) (b) and Section 3(1) (c)
(vi) Thus Section 3(1) provides for different treatment to children as per
(vii) Further the Impugned Act as well as Section 3(1) of the Citizenship
law). Further the Impugned Act and Section 3(1) are in violation of
LIST OF DATES
follows:
of India.
force.
thereon on 01.03.2016.
countries.
-VERSUS-
1. UNION OF INDIA
Through its Secretary
Ministry of Home Affairs,
Government of India, Contesting
North Block, New Delhi - 110001 … Respondent No.1
2. UNION OF INDIA
Through its Secretary
Ministry of Law and Justice,
Government of India, Contesting
Shastri Bhawan, New Delhi - 110001 … Respondent No.2
2
3. UNION OF INDIA
Through its Secretary
Ministry of External Affairs,
Government of India, Contesting
South Block, New Delhi - 110001 … Respondent No.3
To,
The Hon’ble Chief Justice of India
and his companion justices of the
Hon’ble Supreme Court of India
The humble petition of the
above named Petitioners:
1. The present Writ Petition is being filed by the Petitioners herein under
as unconstitutional:
“Impugned Act”)
(iv) The Passport (Entry into India) Amendment Rules, 2015 [Notification
Advocates, Social Activists and Social Workers dedicated to using the law
to protect and advance the cause of civil and human rights in India. The
group that was setup in 2006 to defend the rights of the unprivileged sections
of the society. APCR has in the past provided legal aid to the victims of illegal
detention, custodial death, fake encounter, communal riots and other human
rights violations. APCR is also providing legal aid to the persons accused in
Bijnore Blast Case that is presently pending in Lucknow Court. A true copy
is a Citizen of India.
and he also is a Citizen of India and all the three Petitioners can invoke the
5. That the necessary details of the Society through whom the Petitioner
No.1 is approaching this Hon’ble Court and which is the details also of
Photocopies of Aadhaar Card and PAN Card of Petitioner No.2 are annexed
hereto and marked as Annexure P-3 [Page No. 67] and Annexure P-4
[Page No. 68]. A photocopy of the Aadhaar Card of the Petitioner No.3 is
annexed hereto and marked as Annexure P-5 [Page No. 69] as personal
5
identification in this Writ Petition because the same is being filed as a Public
Interest Litigation.
rights of the victims and has filed a Writ Petition before this Hon'ble Court
titled ‘Association for Protection of Civil Rights Vs. the State of Bihar.’ W.P.
(Cri.) No. 195 of 2011 against the incident of Police firing and subsequent
Society has also filed a Writ Petition previously in this Hon’ble Court, under
preparing the revised National Register for Citizenship (for Short “NRC”)
Petitioner had actively assisted the authorities in preparing the NRC and that
helped the Applicants, who claimed the citizenship of India and had
approached nearly 2 lakh of families whose family members had made the
Affairs. The Respondent has by Act No. 47 of 2019 enacted the Citizenship
(Amendment) Act, 2019 (For Short “the said Act”) by a Notification dated
12.12.2019.
Article 32 of the Constitution to challenge the provisions of the said Act being
violative of fundamental rights guaranteed inter alia under Article 13,14, and
10. The Brief facts leading to the filing of the present Writ Petition are as
follows:-
follows:
The preamble of the Constitution lays down the basic philosophy and
values of the Constitution which clearly spells out that the framers of
7
the Constitution did not want India to be a theocratic state and wanted
international law.
came into force. India has ratified this convention on December 11,
1992.
force
Parsis and Christians who were compelled to seek shelter in India due
(xi) A Writ Petition being Writ Petition (C) No. 68 of 2016 titled as
Pranavkumar & Ors. v/s. Union of India has been filed challenging
The Passport (Entry into India) Amendment Rules, 2016 and The
thereon on 01.03.2016.
Order, 1948.
(xiii) Another Writ Petition being Writ Petition (C) No. 20 of 2019 titled as
and Christians. This Hon’ble Court was pleased to issue notice in this
Citizens (NRC) was being prepared by the State Coordinator, and the
the final NRC. As per the rules, these people were provided
10
opportunity to present their claims for being included in the final draft
Registration. The Final list of persons which are excluded from the
NRC has been published on August 31, 2019 wherein out of total 3,
(xv) The Union of India has enacted the Citizenship (Amendment) Act,
who are Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from
2(1)(b) of the 1955 Act to provide that Hindu, Sikhs, Buddhists, Jains,
will not be treated as illegal migrants. In order to get this benefit, they
have also been exempted from the foreigners Act, 1946 and the
(xvii) The unamended 1955 Act allowed a person to apply for citizenship by
impugned Act has inserted “Section 6B” in the 1955 Act, which inter
follows:
Section 2.
section:
application.
respectively.
(xix) That the cause of action for filing the present petition last arose on
December 12, 2019 when the Impugned Act was enacted. Further the
up before this Hon’ble Court on December 18, 2019 and this Hon’ble Court
was pleased to issue notice in the batch of Writ Petitions filed challenging
the Impugned Act and directed the matters to be listed on January 22, 2020.
The Petitioners herein crave leave to get the present petition tagged with the
similar matters pending before this Hon’ble Court. A true copy of the order
dated December 18, 2019 passed by this Hon’ble Court in Writ Petition
(Civil) No. 1470 of 2019 is annexed hereto and marked as Annexure P-7
12. That the Petitioners are therefore filing the present Writ Petition under
A. For that the provisions of the Impugned Act are unreasonable and are
not based on rational classification having any nexus to the object for
ii) For that settled principles of the constitutional law provide that
iv) For that the provisions of the Impugned Act are discriminatory
place of birth.
v) For that the Impugned Act classifies group of persons who have
vi) For that even otherwise the provisions of the Impugned Act are
vii) For that provisions of the Impugned Act are making the sub-
to the migrants from those countries only on the basis that they
countries.
Justice. It is well known and the facts are in public domain that
have crossed the border of our country and they are the victims
17
of persecution by the majority of the country from which they
Sinha in the year 1999 which clearly stated that illegal migration
from Assam has taken place primarily for economic reason. the
evident in the context of the fact that India has got no national
these “illegal migrants”. The net result is that all of them will be
in so far as it introduces a caveat that the child should have been born
violative of Articles 14, 15, 21, 51(c) and 51-A of the constitution. This
January 1950 and before 1st July 1987, such children are
any child born after 1st July 1987 and before 3rd
country.
has ratified.
Those children born on or after 1st July 1987 and 3rd December
2004 are the citizens of India only if either of his parents are
citizens of India at the time of his birth and secondly, any child
born after 1st July 1987 and before 3rd December 2004, but
citizenship by birth.
follows:
“Article 15”
children born in India after 1st July 1987. This right to nationality
granted:
Though India has not signed this convention nor ratified the
Article 7 –
parents.
Article 8 –
Law.
iv) That the impugned provisions of the Citizenship Act of 1955 and
of the country and it shall be the duty of the State to apply these
Constitution
C. For that the Impugned Act and Section 3 (1) of the Citizenship
life and liberty to every person and provides that no person shall
at all.
ii) That in catena of cases, this Hon’ble Court has held that Article
existence but to live with dignity. The term personal liberty has
which stated that the reasons for migration of the people from
26
Bangladesh to Assam was for economic reasons and has not
migration from East Pakistan to India has also taken place from
1931 to 1951 and thereafter there has not been any exodus of
Constitution of India.
iv) That the impugned provisions of the said Act are discriminatory
Rights.
D. For that even the provisions of the Impugned Notifications, which are
13, 14, 15, 21, 51(C) and 51-A of the constitution and therefore should
be declared unconstitutional.
Ruling Bhartiya Janata Party (BJP) have announced that the follow
But for preparing NRC for the rest of the country, no cut-off date
is laid down.
(b) No guidelines are laid down to determine the basis for including
(d) There are crores of Indians who live in subsistence level and
(g) 1.7 crore are homeless and are pavement dwellers therefore
being undocumented.
undocumented.
30
(i) 8.43 Crore are Adivasis who are undocumented.
(j) In the year 1970 the literacy rate was 34% and as of today it is
knowledge of Documentation
F. For that the Impugned Act arbitrarily fixes the cut-off date as on 31ST
citizenship. Any such migrants entering India after such cut-off date is
with the object of the Impugned Act and therefore the Impugned Act
Court or any other Court within the territory of India on the subject matter of
the instant Petition and for the reliefs prayed for herein.
approach this Hon’ble Court for the enforcement of the rights conferred by
respectfully prayed that this Hon’ble Court may be graciously pleased to:-
PRAYER
Section 3 (1) (a) so far it introduces caveat that child is born before
1st day of July, 1987 and section 3 (1) (b) & (c) of the Citizenship
(b) a writ in the nature of mandamus, or any other writ, order or direction,
unconstitutional; and/or
(c) a writ in the nature of mandamus, or any other writ, order or direction,
unconstitutional; and/or
(d) a writ in the nature of mandamus, or any other writ, order or direction,
unconstitutional; and/or
32
(e) a writ in the nature of mandamus, or any other writ, order or direction,
unconstitutional; and/or
(f) a writ in the nature of mandamus, or any other writ, order or direction,
unconstitutional; and/or
(h) pass such other/further order as this Hon’ble Court may deem fit and
FILED BY:-
EJAZ MAQBOOL
Advocate for the Petitioners
DRAWN BY:-
Mr. Ejaz Maqbool, Advocate
Mr. Sagheer A. Khan, Advocate
Mr. Mussadique Momin, Advocate
Mr. Shaikh Mohd. Taha, Advocate
Mr. Parth H. Zaveri, Advocate
Ms. Akriti Chaubey, Advocate
Mr. Kunwar Aditya Singh, Advocate
Mr. Muhammad Isa M. Hakim, Advocate
Ms. Aishwarya Sarkar, Advocate
SETTLED BY:-
Mr. Yusuf Hatim Muchhala, Senior Advocate
New Delhi
Filed on: 03.01.2020
33
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Association for Protection of Civil Rights (APCR) & Ors. ... Petitioners
-Versus-
Union of India & Ors. … Respondents
AFFIDAVIT
I, Rafeek Ahmed, S/o. Late Mr. Abdul Wahab, aged about 73 years, having
my office at E-89, 1st Floor, Flat No. 104, Hari Kothi Lane, Abul Fazal
state as under:-
2. That I have gone through a copy of the Synopsis and List of Dates
state that the contents thereof are true and correct to my knowledge
and belief.
34
4. That the annexures annexed to the present Writ Petition are true and
private motive or oblique reasons for filing the present petition. The
present petition is not guided for the gain of any individual person,
DEPONENT
VERIFICATION
Verified at New Delhi on this 3rd day of January, 2020 that the contents of
the above Affidavit are correct and true to the best of my knowledge, belief
DEPONENT
35
APPENDEX – (I)
(1) All laws in force in the territory of India immediately before the
the provisions of this Part, shall, to the extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the
rights conferred by this Part and any law made in contravention of this clause
force of law;
The State shall not deny to any person equality before the law or the
(1) The State shall not discriminate against any citizen on grounds only
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of
public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of
(3) Nothing in this article shall prevent the State from making any special
(4) Nothing in this article or in clause (2) of Article 29 shall prevent the
State from making any special provision for the advancement of any socially
(c) foster respect for international law and treaty obligations in the
(a) to abide by the Constitution and respect its ideals and institutions, the
(b) to cherish and follow the noble ideals which inspired our national
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon
to do so;
of women;
(f) to value and preserve the rich heritage of our composite culture;
38
(g) to protect and improve the natural environment including forests,
lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry
and reform;
// TRUE COPY //
39
APPENDEX – (II)
(a) on or after the 26th day of January, 1950, but before the 1st day
of July, 1987;
(b) on or after the 1st day of July, 1987, but before the
birth;
(2) A person shall not be a citizen of India by virtue of this section if at the
(a) either his father or mother possesses such immunity from suits and
(b) his father or mother is an enemy alien and the birth occurs in a place
(a) that he is not a subject or citizen of any country where citizens of India
Government in India or partly the one and partly the other, throughout
application;
(d) that during the 3[fourteen years] immediately preceding the said
service of a Government in India, or partly the one and partly the other,
years];
'Provided that for the person belonging to Hindu, Sikh, Buddhist, Jain,
1
The words “who is not a citizen of a country specified in the First Schedule” omitted by Act 6
of 2004, sec. 18 (w.e.f. 3-12-2004)
2
Subs. by Act 6 of 2004, sec. 18, for “he has renounced the citizenship of that country in
accordance with the law therein in force in that behalf and has notified such renunciation to
the Central Government” (w.e.f. 3-12-2004).
3
Subs. by Act 6 of 2004, sec. 18, for “twelve years” (w.e.f. 3-12-2004)
4
Subs. by Act 6 of 2004, sec. 18, for “nine years” (w.e.f. 3-12-2004)
41
the aggregate period of residence or service of Government in India
as required under this clause shall be read as "not less than five
(i) allow a continuous period of twelve months ending not more than six
date;
// TRUE COPY //
5
Subs. by Act 6 of 2004, sec. 18, for “thirteen years” (w.e.f. 3-12-2004)
42
ANNEXURE P – 1
AMENDED
RULES AND REGULATIONS
OF
ASSOCIATION FOR PROTECTION OF CIVIL RIGHTS
RULE 2 MEMBERSHIP:
Memorandum of Association.
RULE 3 SUBSCRIPTION:
1) On death,
subscription.
required.
14 (B)).
45
(A) All members of General Body shall have right to attend
suggestions therein.
Society,
plans.
of society regulations.
committee members.
in office.
48
RULE 11 RESIGNATION, REMOVAL AND SUSPENSION:
office.
preceding year.
under:
President 1
Vice-Presidents 2
General Secretary 1
Secretary 1
Joint Secretaries 2
Treasurer 1
Other Executive Members 9
mentioned above.
COMMITTEE:
powers:
assets.
levels.
Society.
a specific agenda.
meeting.
PRESIDENT:
Society.
55
(2) To preside over all the meetings of the Executive
Secretary, if necessary.
General Body.
SECRETARY:
Committee/General Body.
Society.
fulfilled.
of the Society.
time to time.
regulations.
SECRETARY:
Committee.
(A) All funds of the society shall remain under the care and
appointed by GB.
auditor.
61
(D) Treasurer shall receive all bills for payment duly
of the society.
Society.
The financial year of the Society will begin on 1st April and end
decided by EC. Two out of those four will jointly sign on behalf
RULE 26 ELECTION:
The General Body in its Meeting called for that purpose will
Rule 14.
1860.
64
RULE 29 AMENDMENTS:
RULE 30 DISSOLUTION:
of dissolution.
Society.
hereby certify that the above is the correct and true copy of the
Date: 03.08.2006
// TRUE COPY //
66
ANNEXURE P – 2
// TRUE COPY //
67
ANNEXURE P – 3
// TRUE COPY //
68
ANNEXURE P – 4
// TRUE COPY //
69
ANNEXURE P – 5
// TRUE COPY //
85
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
-VERSUS-
To,
Hon’ble the Chief Justice of India
and his companion judges of the
Supreme Court of India
The humble application of the above
named Applicants/Petitioners:
1. That the present Writ Petition is being filed by the Petitioners herein
following as unconstitutional:
“Impugned Act”)
(iv) The Passport (Entry into India) Amendment Rules, 2015 [Notification
(v) The Passport (Entry into India) Amendment Rules, 2016 [Notification
and the said grounds are not being repeated herein for the sake of brevity.
the persons who would have availed the benefit of the Impugned Act and
there are several undocumented Indians who will become stateless and the
said exercise ought to be stayed unless this Hon’ble Court hears the present
undocumented Indians.
5. That the present application is being filed bonafide and in the interests
of justice.
PRAYER
c) The Order No. G.S.R 686(E) dated 7.9.2015 be stayed during the
d) The Notification No. G.S.R 702 (E) dated 18.7.2016 be stayed during
e) The Order No. G.S.R 703(E) dated 18.7.2016 be stayed during the
and/or
g) Pass such other / further order as it may deem fit and proper in the
Filed by:-
EJAZ MAQBOOL
Advocate for the Applicants/Petitioners
New Delhi
Dated: 03.01.2020