Top court surprised by citizenship plea According to the petitioner, a false campaign has led to widespread violence and disharmony

TT, Legal Correspondent,  New Delhi, 10.01.20: The Supreme Court on Thursday expressed surprise at a public interest plea that sought a declaration that the Citizenship (Amendment) Act was “constitutionally valid”, saying such petitions do not help a country going through “difficult times”.

Chief Justice S.A. Bobde also observed that he had never before come across a petition that sought a declaration of a statute as constitutional.

“As it is, the country is going through difficult times. There is so much of violence. The object should be to bring peace,” Justice Bobde told advocate Vineet Dhanda during the morning mentioning time.

“There is a presumption of constitutionality of an act passed by Parliament…. These petitions don’t help the cause.”

Although Justice Bobde did not cite any particular incident, his comments come at a time the country has witnessed widespread protests against the new citizenship regime, police crackdowns on the Jamia Millia Islamia and Aligarh Muslim University, and an attack on JNU by armed goons. Comments by certain politicians have threatened communal amity.

Dhanda had sought the urgent listing of a petition from Puneet Kaur Dhanda that sought a declaration that the citizenship amendment was constitutionally valid and a direction to the Centre to issue and publicise clarifications on popular “misgivings” on the subject.

According to the petitioner, a false campaign by certain political parties, NGOs and media houses opposed to the amendment has led to widespread violence and disharmony.

“How do we declare that an act passed by Parliament is constitutional? There is always a presumption of constitutionality,” Justice Bobde said.

“If you had been a student of law at some point of time, you should know it. For the first time I am hearing such a prayer. The court has to decide the validity of a law and not decide that it is constitutional.”

The bench refrained from directing any urgent listing, indicating it would take the petition up on January 22 along with 60-odd petitions that have challenged the constitutional validity of the amended act on the ground of discrimination against Muslims.

Solicitor-general Tushar Mehta had on Wednesday urged the apex court to transfer to itself a batch of similar petitions that are pending with the various high courts. This plea is to be taken up on Friday.