Ranjan Gogoi, C.J.I. - (1.) In our order dated 23rd July, 2019 we had extracted paragraphs 7 and 8 of the Report of Shri Prateek Hajela, learned State Coordinator dated 10th July, 2019. After setting out the contents of aforesaid two paragraphs of the Report dated 10th July, 2019 we had deemed it appropriate to direct the learned State Coordinator to issue a public notice to enable all stake- holders to appear before this Court, in a representative capacity, to contest the prayers made by the learned State Coordinator in the aforesaid two paragraphs of the Report dated 10th July, 2019, if so desired. The said two paragraphs read as follows: "7. Another matter which the undersigned wishes to bring to the kind attention is about such cases of descendants of D Voter (DV)/ Declared Foreigner (DF)/Cases Pending at Foreigners Tribunals/Other Courts (PFT), whose one parent is DV/DF/PFT but the parent from whom the legacy is drawn for inclusion in NRC is not WP(C) 274/2009 4 DV/DF/PFT and is also found eligible for inclusion in NRC. The Hon'ble Supreme Court in their order of 2 July 2018 have ordered that those persons who are DVs or PFTs as well as their descendants are not to be included in updated NRC. As descendance can be drawn from either of the parents, clarification appears to be required in cases where one of the parents is clear from all angles (not DV/DF/PFT and eligible for NRC inclusion) while the other parent is a DV or DF or PFT. It also appears that while deciding eligibility of descendants, provisions of Section 3(1)(b) & (c) of the Citizenship Act, 1955 may be important to be taken into account, though citizenship purely by birth and not by descendance (Section 3(1)(a) is not eligible for inclusion in NRC. It is humbly felt that the sustance of Section 3(1)(b) & (c) is that while determining citizenship of any descendant born up to 3 December, 2004, citizenship eligibility of any one of the parents suffices, while for those descendants born on or after 3 December 2004, citizenship eligibility of both the parents needs to be taken into account. From a conjoint reading of Hon'ble Supreme Court's order dated 2 July 2018 and the provisions contained in Section 3(1)(b) & (c) of the Citizenship Act, 1955, the following appears to be the best course of action:a. For any NRC Applications/Claimants, if parent/legacy person through whom eligibility is sought to be established is a DV or DF or PFT, then such persons will not be included in NRC irrespective of the status of the other parent.b. For those persons born before 3 December 2004, if the parent through whom legacy is drawn is not DV or DF or PFT and is found eligible for inclusion in NRC, but the other parent from whom legacy is not drawn is a DV or DF or PFT, then, such descendants may be included in NRC.c. For those persons who are born on or after3 December 2004, they will not be included in NRC if any of the parent is DV or DF or PFT even if the parent from whom legacy is drawn is clear from all angles.In this regard, it is submitted that the aforementioned matter was submitted by the deponent before the Judges Committee for opinion but the Committee advised to seek the order of the Hon'ble Court on the matter. As such the WP(C) 274/2009 5 above is submitted for kind approval.8. That the deponent also would like to seek clarification on the matter of validity of orders passed under the Illegal Migrants (Determination by Tribunal) (IMDT) Act. Some of the applicants have submitted orders passed under IMDT declaring them as Indian. This matter was also referred by the deponent to the Judges Committee, however, the Committee advised the deponent to seek order from the Hon'ble Court on the matter. As such, directions are sought about acceptability of orders of IMDT, whether declaring the person to be Indian or Illegal Migrant."
(2.) Pursuant to our aforesaid order dated 23rd July, 2019, several Interlocutory Applications (I.As) have been filed contesting the action proposed under paragraph 7(a) of the said Report dated 10th July, 2019 of the learned State Coordinator primarily on the ground that the said action runs contrary to the provisions of Section 3 (1)(a) of the Citizenship Act, 1955 (hereinafter referred to as "the Act") which deals with acquisition of citizenship by birth in the case of every person born in India on or after the 26th day of January, 1950 but before the 1st day of July, 1987.
(3.) The aforesaid objection against the prayer made by the learned State Coordinator is sought to be fortified by reference to the following statement contained in the report dated 10th July, 2019. "It also appears that while deciding eligibility of descendants, provisions of Section 3(1)(b) & (c) of the Citizenship Act, 1955 may be important to be taken into account, though citizenship purely by birth and not by descendance (Section 3(1)(a) is not eligible for inclusion in NRC."[underlining is ours];