The advocate has written to CJI Dipak Misra, saying the presence of Gogoi on the bench would “create doubts in the minds of other ethnicities”.
New Delhi: A Guwahati-based senior advocate has written to Chief Justice of India Dipak Misra objecting to Justice Ranjan Gogoi, an Assamese, hearing the case related to the updation of the National Register of Citizens in Assam. The NRC case is being heard by Justices Gogoi and Rohinton F. Nariman.
Senior advocate Pradip Dutta Roy, in his letter, said Justice Gogoi’s association with the state would “create ample doubt in the minds of other ethnicities about the delivery of the judgment”.
“The issue of NRC has created a kind of atmosphere of mistrust among various communities of Assam. In fact, Assam is now a volcano which can erupt anytime,” Roy wrote.
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While clarifying that he “does not have any personal score to settle with Justice Gogoi”, Roy requested CJI Misra to look into the issue. The CJI is yet to respond to Roy’s letter.
The Supreme Court is supervising the process of updating the NRC and finalising the modalities to deal with claims and objections of over 40 lakh people whose names have not found a place in the final draft released on 30 July.
The process of updating the NRC, first published after the 1951 Census, began in 2015, and is now being updated keeping 24 March, 1971 as the cut-off date to identify those who immigrated to Assam illegally from Bangladesh.
In December 2017, the same bench had ruled that Gram Panchayat certificates can be used as a supporting document to prove identity.
Justice Gogoi is an Ahom by ethnicity, and is a registered voter in Assam who would be included in the NRC. The advocate also highlighted that Justice Gogoi’s father Keshab Gogoi was a former chief minister of Assam from the Congress party.
Tuesday, the court severely pulled up NRC state coordinator Prateek Hajela and Registrar General and Census Commissioner Sailesh for speaking to the media about the process of claims and objections without the court’s nod.
Also read: The Citizenship Amendment Bill, and why it is contentious
I support the request. This is not about whether or not Justice Gogoi is being true to the spirit of the judiciary in this case. The case of NRC in Assam is very sensitive and a number of questions have already been raised about the process in which this is executed on the ground In my personal opinion, certain requirements for NRC is in contradiction to the 1955 Citizenship Act of India. I think he should himself consider moving out of this bench to avoid conflict of interest. In fact no person from any ethnic community of Assam should be overlooking the fate of 4 million people in Assam.
Ranjan Hogai after the interview has lost moral right on the SC bench. Being party to sabotage priestege of apex court the gang of four shall face contempt proceedings, on the same footing of Kannan.
SHOULD WE HAVE A PAKISTANI JUDGE
The preparation of NRC is an important and very sensitive matter. Whatever steps are being undertaken to complete the process, transparency must be visible. At any cost, not a single person should feel that he has been created or he/she became victim on the part of any prejudices from the decision taking authorities.
Please take the opinion in a positive sense. All said and done an element of emotional attachment will be there on the back of mind
One of the principle of natural justice is ” justice not only done but should appear to have been done. ” More over this is a sensitive issue
ಮೂರ್ಖತನದ ಪರಮಾವಧಿ. ಹಾಗಾದರೆ CJI ತಮ್ಮರಾಜ್ಯದ ಕೇಸ್ ಗಳನ್ನು ತೆಗೆದುಕೊಳ್ಳುವಂತಿಲ್ಲ!
Hindu Bengalis from East Bengal are welcome while native Assamese Muslims are being stripped of their citizenship. Another great example of the BJP’s hatred-based and divisive politics. BJP is desperate to create a huge burning issue that can set on fire the public mindset through the election year, so it can manage to hold on to power – in spite of its failures, scams, and fakers and jokers.
R u saying that Bangladesh is for Hindus.?.
He is now behaving like a true follower of Chalu Chelmeshwar the red monkey
He can give sermons on morality to other members of collegium but feign innocence when he is cornered.
Using words like chalu, red monkey bespeaks a lot about the character of the commentator. BTW what Chalameshwar, the retired judge has to do with the subject of the present conversation?
Ask learned senior counsel to make similar request to his parent high court judges. If they believe what they had requested is appropriate.
Firstly it is WRONG to attribute motive to Supreme Court Judges that too someone who is on line to be the next CJI.. Supreme Court Judges are meant to be impertialbon rendering justice..but that Apart Justice Ranjan Gogoi being an ethnic Assamese is best suites to understand the social cultural crisis in Assam..Advocate Roy is just muddying the water for narrow political ends
Good question. Why the morally noisy Gogoi is not withdrawing himself on his own is my additional question.
If that is issue than majority of high court judges have to resign because they are registered voter of that state, obtaining public services of state government. Had learned senior councel made similar request to his parent high court?
What a bulchit. . We are appreciating Hon’ble Justice Ranjan Gogoi sir for his active role in updating NRC. . Mr Roy is Bengali, meanwhile most of the Bengalis don’t have Legacy datas to prove their Citizenship. Bengalis are hailed from Bangladesh. So its not benefits on their part in updating NRC. . So they are afraid. . . .
An unsustainable objection. Members of the apex court deal with issues of great import and high stakes, with utmost integrity. In rare cases where they feel some conflict of interest, they recuse themselves. Justice Gogoi’s father should feel proud that, instead of getting his progeny a party ticket to good fortune, he has produced a son gifted enough to be the next CJI.