Over 5,000 religiously persecuted non-Muslims from Pakistan, Bangladesh and Afghanistan, who entered Bengal before 2004, got a breather at Calcutta High Court on Monday.
A counsel for the Centre informed a division bench of Calcutta High Court that their applications filed under the Citizenship Amendment Act would be “considered” within 10 days.
Though a large number of people had entered India before 2004, a statement submitted by an additional secretary of the Union home ministry stated that only the application of those staying in Bengal’s correctional homes would be considered within 10 days .
On behalf of the Centre, additional solicitor general Ashoke Chakrabarty made this submission during the hearing of a PIL filed by social welfare organisation, Atmadeep, before the division bench of Acting Chief Justice Sujoy Paul and Justice Chaitali Chatterjee.
Atmadeep wanted the division bench to look into the issue of long detention of alleged intruders without trial. Mainak Basu, the counsel appearing for Atmadeep, claimed that the Centre was not taking any proper step in the issue. “As a result, over 5,000 intruders across the country are rotting in Bengal jails. Their application for CAA has not been considered yet. In the SIR form, no option is left for them,” he said.
The counsel appearing for the state said: “In this issue the state has no role to play. The Union government has the power to resolve the matter.”
Appearing for the Centre, Chakrabarty said the Centre had started considering the CAA applications and Bengal’s case would be settled in 10 days. “According to rule, the state should have sent a report on the issue to the Centre. Till date no such report reached the Centre. But the Union government has agreed to settle the case of such people staying in Bengal in the first phase. Their cases will be considered in 10 days,” he said.
Petition rejected
The division bench of Acting Chief Justice Sujoy Paul and Justice Chaitali Chatterjee on Monday dismissed a petition moved by a social organisation demanding consideration of citizenship applications along with SIR forms.
“Both are separate matters. Application for citizenship does not mean that applicants got the rights as citizens. So the case cannot be entertained by the courts,” Justice Paul remarked while dismissing the petition.