On Thursday, Chief Justice of India Sharad Arvind Bobde slammed a plea defending constitutionality of CAA. While hearing the plea CJI Bobde said that country is going through difficult times and such petitions don't help.
CJI's statement comes after protests were witnessed across the country over CAA and NRC. A bench headed by Chief Justice of India S A Bobde expressed surprise over the petition and said this is the first time that someone is seeking that an Act be declared as constitutional.
A lawyer had filed a plea defending constitutionality of CAA and seeking action against activists, students, media houses spreading "false rumours" about the Act. That is when, CJI Bobde said that country is already going through difficult times. During which endeavour should be for peace and such petitions don't help.
The lawyer also seeked CAA to be declared 'constitutional', on which CJI said "How can we declare that an Act passed by the Parliament is constitutional? There is always a presumption of constitutionality. If you had been a student of law at some point time, you should know."
"This court's job is to determine validity of a law and not declare it as constitutional," the bench also comprising justice B R Gavai and Surya Kant said. The bench said it will hear the petitions challenging validity of CAA when violence stops.
The observation came after advocate Vineet Dhanda sought urgent listing of his plea to declare CAA as constitutional and a direction to all states for implementation of the Act. The plea has also sought action against activists, students and media houses for "spreading rumours". The Supreme Court on Thursday refused urgent hearing of a plea seeking to declare the Citizenship Amendment Act as constitutional and a direction to all states seeking its implementation.
On Wednesday, Supreme Court decided to hear on January 10 the Central government's petition seeking to transfer those PILs filed and pending in various state High Courts against the constitutional validity of the Citizenship (Amendment) Act to the apex court. Solicitor General (SG) Tushar Mehta, who represented the Centre, mentioned the matter before a three-judge bench headed by Chief Justice of India Sharad Arvind Bobde.
The Citizenship (Amendment) Act, 2019, grants citizenship to Hindu, Sikh, Jain, Parsi, Buddhist, and Christian refugees from Pakistan, Afghanistan, and Bangladesh who came to India on or before December 31, 2014.
