Citizen kaun

The Supreme Court may have struck down the Illegal Migrants Determination by Tribunals Act almost two years ago, and the opportunistically amended portions of the Foreigners8217; Act recently. But do these struck-down provisions continue to operate within the confines of our legislatures? Look at M.K. Subba. The Congress Lok Sabha MP has been persistently chased by rumours of his non-Indian nationality since his earlier innings as a member the Assam assembly. Yet even as the case went to the Supreme Court, the CBI drew the displeasure of the chief justice this year with its submission that it found nothing in the course of its investigation to prove that he was, as alleged, a Nepali citizen. So, while the rest of India must submit to the re-remodelled Foreigners Act, whereby the onus of proving Indian citizenship is on the accused, Subba enjoys the remnant pleasures of the earlier regime 8212; making the onus of proving his nationality vest with the complainant.

Would the Congress care to examine the implications of harbouring in its parliamentary party a lottery baron with very dark allegations about a criminal past in Nepal? What are the powers of patronage Subba wields that the party is perceived to be going to such great lengths to protect his continuance in Parliament? The Congress, like the BJP, cannot ignore the collateral damage likely in elections elsewhere that could accrue by letting such an MP pull his clout in one state.

Equally, the Centre is being rather cavalier about the wider ramifications for that state. Assam8217;s society has suffered divisive politics drawn from contests on claims to citizenship and voting rights of new immigrants. The IMDT issue is still to play out its logical last phases. Procedures and norms are yet to be established whereby the Foreigners Act can come into functional operation without causing ethnic strife. The last thing Assam needs is for such contestation to be reflected in the legislature. Subba has still not been able to provide credible proof of Indian citizenship. It would be to the Congress8217;s benefit to let that be the reason to avert the Subba case from becoming an issue of prestige.