Supreme Court repeals IMDT Act, Assam: Read Judgment

[Guest guest]

Namaskar Mitra,

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Our building society has undertaken structural repairs (in Mumbai). After the

work started we were surprised to see our building swamped with Bengali

speaking labor. I walked up to the labor supervisor and asked his name. He

replied, mera naam is Robin Gupta. I was taken aback. Guptas belong to the

trading community and are not known to be labor contractors. As I turned to go

home a group of young laborers yelled, Rafique and Robin responded. As I

observed Rafique closely I saw that he had a Ganesha icon around his neck and

red threads on his right hand. A Pandit ties a red thread on a man’s

right after completion of a Vedic Havan. Obviously he displayed Hindu symbols

but was actually a Muslim. As the repairs carried on I got to know that they

were Bengali speaking laborers from West Bengal’s Malda district.

 

I wondered whether they were Bangladeshis! A journalist friend from Calcutta

told me that Malda was Abdul Ghani Khan Choudhary’s constituency and full

of Bangaldeshis. I asked myself a question? Would an Indian Muslim wear a

Ganesha/red threads? The answer is No. When I asked the contractor why he used

Bangladeshi and not Andhra/Maharashtrian labor that is normally used he said

the former were cheaper.

 

The question of Bangladeshi infiltration has been hot for over twenty years now.

The Congress/CPI (M) is primarily responsible for supporting infiltration while

the BJP is guilty of raising the issue when in opposition but ducking it when

in power.

 

Fortunately the Supreme Court has taken a tough stand on infiltration but the

devil is in the detail meaning actual implementation of the SC order. The

Punjab government headed by Captain Amarinder Singh said that if he implemented

the 2004 SC order on Sutlej Yamuna canal Punjab would return to terrorism again

(meaning implementation is impossible). I will not be surprised if Congress/CPI

(M) express their inability to implement the SC order citing a breakdown in law

& order. I hope my skepticism is proved wrong. Have reproduced the entire SC

order for you. Copyright lies with the Supreme Court.

http://esamskriti.com/html/inside.asp?cat=732&subcat=731&cname=imdt_suprem_court_jud_05

 

The whole judgment is divided into paras. See table below for key para nos.

Para Number

Content

2

Reference to Assam Accord signed when Rajiv Gandhi was PM.

4

Gives you actual numbers of Illegal Migrants detected up to 30.4.2000

5

Table gives you growth in Assam’s population, Hindu vs. Muslim.

10

Central Government filed an affidavit in November 2000 saying that retain IMDT

Act in its present form.

11

Excerpts from Report submitted to the President by Lt Gen S K Sinha, Governor of Assam.

12

Ref Citizenship Act.

21

Provisions of IMDT Act examined.

32

Ref to Kautilya’s Arthashastra and Article 355 of the Constitution whereby

it is the duty of the Union to protect states against aggression.

33

United Nationals rules examined.

34

How did the U.S.A. respond when there was an influx of Chinese labor in the 19th century?

35

Comparison with United Kingdom.

41

Provisions of The Passport (Entry into India) Act, 1920 examined.

50,51,52,52

Case laws across the world referred to.

57

Summary.

58.

Court Directions.

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sanjeev