Press Release / 09 June 2021
New Delhi: Anis Ahmed, the general secretary of Popular Front of India, has filed a Public Interest Litigation in the Supreme Court of India challenging the constitutional validity of the controversial notification issued by the Ministry of Home Affairs (MHA) inviting applications for citizenship from non Muslim immigrants from neighbouring countries.
While the rules under the Citizenship Amendment Act, 2019, are yet to be framed, a gazette notification of the MHA on May 28 invited applications for citizenship from Hindus, Sikhs, Jains, Christians and Buddhists from Afghanistan, Pakistan and Bangladesh who are currently residing in 13 districts of Gujarat, Rajasthan, Chhattisgarh, Haryana and Punjab. Popular Front of India had accused that the notification of MHA was an attempt to implement CAA through backdoor.
The PIL filed by Anis Ahmed in the Supreme Court seeks to declare the notification unconstitutional, discriminatory and ultravires to Article 14 of the Constitution of India since it prevents the Muslims from seeking citizenship by registration and naturalisation by virtue of their religion under sections 5 and 6 of the Citizenship Act, 1955. The PIL has also sought to read down the controversial gazette notification as it is issued in contravention of section 5 and 6 of the Citizenship Act, 1955. The PIL filed by Anis further seeks to prohibit the ‘colourable exercise of power’ by the Central Government in the guise of section 16 of the Citizenship Act, 1955.