LawChakra

Jharkhand HC Seeks Clarification on CAA’s Applicability to Illegal ‘Bangladeshi Immigrants’ in ‘Santhal Pargana Region’

Jharkhand HC on Tuesday(9th April), seeks CAA clarification for tackling illegal Bangladeshi immigrants in Santhal Pargana. PIL raises concerns during court proceedings, prompting inquiry from the bench.

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Jharkhand HC Seeks Clarification on CAA's Applicability to Illegal Bangladeshi Immigrants in Santhal Pargana Region

Ranchi: The Jharkhand High Court on Tuesday(9th April), sought clarification from the Central Government regarding the applicability of the Citizenship Amendment Act (CAA) in addressing the issue of illegal Bangladeshi immigrants residing in the state’s Santhal Pargana region. This inquiry was prompted during the hearing of a Public Interest Litigation (PIL) that demanded the Union Government take decisive actions under the CAA against Bangladeshis who have entered the state unlawfully.

The Citizenship Amendment Act, a recently implemented law, is designed to offer citizenship to undocumented non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan who arrived in India before the cutoff date of December 31, 2014.

The division bench hearing the case included Justices Sujit Narayan Prasad and Arun Kumar Rai, responding to the PIL lodged by Daniel Danish. Danish’s petition brought attention to the significant issue of infiltration by individuals from the neighboring country, highlighting the districts of Sahibganj, Pakur, Godda, Jamtara, and Dumka in the Santhal Pargana region as the primary areas affected by this illegal immigration.

The petitioner, Daniel Danish, vividly described the impact of these illegal immigrants on the local socio-cultural landscape.

He claimed-

“These immigrants are establishing schools and communities in the five districts, causing disruption to the local tribal population’s way of life.”

This allegation emphasizes the profound effects such illegal activities can have on the indigenous communities, disrupting their traditional ways of life and cultural harmony.

Danish’s petition argues that according to the CAA, the responsibility for dealing with this matter rests with the Central government rather than the state government. This legal perspective highlights the nationwide applicability of the CAA and emphasized the central government’s sole jurisdiction in citizenship and immigration affairs.

In response to these concerns, the bench directed Prashant Pallav, the Union government’s counsel, to “seek instructions in the matter and file an affidavit to clear the stand of the Centre.” This directive is a step towards obtaining a definitive stance from the Union Government on its plans and capabilities regarding the enforcement of the CAA in Jharkhand, specifically in the context of illegal Bangladeshi immigrants.

The case has been scheduled for a follow-up hearing on May 3, indicating the court’s intent to pursue a resolution to this matter. This ongoing legal proceeding aligns with earlier actions by the high court, which had previously instructed the Union Home Ministry to elucidate how illegal immigrants are managing to enter India from neighboring countries.

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