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Panchayat Certificates By Itself No Proof Of Citizenship: SC

Panchayat Certificates By Itself No Proof Of Citizenship: SC

Panchayat Certificates By Itself No Proof Of Citizenship: SC
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The Supreme Court has held that certificates issued by gram panchayat secretaries or executive magistrates are "no proof of citizenship" unless they establish the legacy linkages with a person who is an Indian citizen.

The top court has said the certificates issued by a gram panchayat secretary only acknowledge shifting of residence of a married woman from one village to another.

"The certificate by itself and by no means establishes any claim of citizenship of the holder of the certificate," a Bench of Justices Ranjan Gogoi and R F Nariman said.

It said "such proof will come only if the link between the claimant and the legacy person (who has to be a citizen) is established".

The court set aside an order of the Gauhati High Court which made such certificates invalid, and allowed the appeals against the order to a limited extent. Various individuals and organisations had challenged the high court order which had held such certificates as invalid for making claims for inclusion in the National Register of Citizens (NRC).

The Bench has made it clear that the certificates issued by a gram panchayat secretary or executive magistrate will be acted upon only to establish a linkage between the holder of such certificate, and the persons from whom legacy is being claimed.

"The certificate will be put to such limited use only if the contents of the certificate are found to be established on due and proper enquiry and verification," it said.

The court said such certificate was a supporting document for making a claim of citizenship and only enabled its holder to establish a link between him and the person from whom legacy is claimed.  The apex court said the authenticity of the certificate and its contents must be verified.

It said the second process of verification was bound to be an exhaustive process as the source of information and other details recorded in the certificate have to be ascertained while also giving an opportunity to the holder of the certificate.

"If the document and its contents are to be subjected to a thorough search and probe, we do not see why the certificate should have been interdicted by the high court, particularly, in the context of the facts surrounding the enumeration and inclusion of the documents mentioned in the illustrative list of documents," the Bench said.

It said that view of the high court and submission of Assam government that such certificates are "private document" cannot be sustained as the Assam Panchayat Act gives jurisdiction for issuance of such documents by the authorities concerned.

About 48 lakh claims have been made using certificates issued by gram panchayat secretaries, out of a total of 3.29 crore claims made so far for inclusion in the NRC which is being prepared in Assam to identify illegal migrants. The draft NRC is required to be published on or before December 31.

NRC coordinator Prateek Hajela had earlier informed the court that out of the 48 lakh claims made for NRC, 20 lakh were the indigenous people of the state, and if the fact of being original inhabitants of the state is established, no further verification is required.

In a separate verdict, the apex court refused to give clarification to the meaning of the term "originally inhabitants of the state of Assam". It said that the sole test for inclusion in the NRC was citizenship under the Constitution and under the Citizenship Act.

Last Updated: Thu Dec 07 2017

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