SUPREME COURT OF INDIA

Before:- Dr. A.S. Anand, C.J., N. Santosh Hegde and K.G. Balakrishnan, JJ.

Writ Petitions (C) No. 125 of 1998 with No. 131 of 2000. D/d. 28.8.2000

A.I. Lawyers Forum for Civil Liberties and another - Petitioners

Versus

Union of India and others - Respondents

Constitution of India, 1950, Article 14 - Illegal Migrants (Determination by Tribunals) Act, 1983 - Constitutionality Act, 1983 - Union of India filed affidavit to the effect that Act, 1983 in its application to the State of Assam alone is discriminatory - Government considered proposal to repeal said Act - Assam Government also mentioned in its affidavit the admission of Central Government regarding unconstitutional nature of said Act - Additional Solicitor General sought adjournment to seek further instructions from Government in the matter concerned.

[Paras 1 to 3]

ORDER

Dr. A.S. Anand, C.J. - Mr Ashok H. Desai, learned Senior Counsel appearing for the writ petitioner in Writ Petition (C) No. 131 of 2000 has drawn our attention to an affidavit filed on behalf of the Union of India and, in particular, to the position detailed at p. 214 of the "updated status position" attached to that affidavit, wherein it is stated that:

"The Government is of the view that the Illegal Migrants (Determination by Tribunals) Act, 1983 in its application to the State of Assam alone is discriminatory. The proposal to repeal this Act is under active consideration of the Government."

2. Mr Desai has also drawn our attention to an affidavit filed on behalf of the State of Assam, Respondent 2, wherein it is stated on the affidavit of Shri D.J. Hazarika, Officer on Special Duty to the Government of Assam that:

"The State Government has thus been insisting upon the Central Government for repeal of the IMDT Act. Now, in the counter-affidavit filed by the Central Government it has been admitted that the Act is discriminatory in nature and on such admission, the Act is liable to be struck down as unconstitutional."

3. Mr R.N. Trivedi, learned Additional Solicitor General submits that he stands by the affidavit filed on behalf of the Union of India but would like to seek further instructions in that behalf and prays for the matter to be adjourned and taken up in January 2001. We grant his prayer.

4. In the meanwhile, "updated status reports" may be filed by the Union of India and the State Governments concerned.

5. List the matter in January 2001 for directions.

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