PIL 52/2011 BEFORE HON’BLE MR JUSTICE A K GOEL HON’BLE MR JUSTICE AMITAVA ROY Goel,J. Heard Mr MU Mahmud, learned counsel for the petitioner. This petition by way of public interest litigation (PIL) seeks quashing of notice dated 7th June, 2010 (Annexure-2 to the writ petition) issued by the G overnment of Assam, Home & Political Department, asking the heads of families in Chaygaon revenue circle of Kamrup(Rural) district and Barpeta revenue circle of Barpeta district to submit applications in prescribed forms for registration of their names in the National Register of Citizens(NRC) in terms of the Pilot Pro ject for updation of NRC. Prayer has also been made to declare Rule 4A of the Ci tizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2009 to be unconstitutional and to direct house-to-house visits to collect nece ssary information. As per averments made in the writ petition, lakhs of people will not be able to show and produce any documents of the year 1951 to establish their exist ence and in absence thereof they may be treated as illegal migrants. In 146 vill ages at Barpeta revenue circle of Barpeta district, no records of 1951 NRC, and 1966 and 1967 voter lists are available. In these circumstances, NRC can be upda ted only by visiting locally, which has not been provided for in the Project. Un der section 9(2) of the Citizenship Act, 1955, only Central Government has juris diction to determine whether a person has lost his citizenship, but by the exerc ise undertaken by the State of Assam, more than two lakh people will be excluded from the updated NRC in violation of the fundamental rights. It is not disputed that exercise to update NRC has been undertaken in ac cordance with Rule 4A of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2009. The Citizenship Act, 1955, provides for sp ecial provisions as to the manner of preparation of National Register of the cit izens in the State of Assam. It is also not disputed that as per modalities for updating of National Register of Citizens worked out in the tripartite meeting h eld on 5.5.2005 at New Delhi (Annexure 8 to the writ petition), National Registe r of Citizens is to be updated by including the names in the electoral rolls up to 1971 and thereafter by enumerating the households, the same is to be updated by inviting applications from concerned people. After the updation, a consolidat ed list is to be prepared. Learned counsel for the petitioner submitted that the impugned notice on ly provides for submission of applications by giving prescribed particulars and in that process those who are not able to furnish relevant particulars may not b e treated as citizens. We are unable to accept this submission. The impugned notice purports to implement the project of updation of NRC. Obviously, the heads of families are the best source of information for the purpose. It can not be presumed that even those who are otherwise genuine citizens of India will not be included in the u pdation exercise. This negative inference sought to be presumed is without any b asis. In any case, there is no ground to quash the notice and debar the State of Assam from collecting the information as has been done. Thus, while we do not f ind any ground to interfere, our non-interference will not debar the petitioner from giving any suggestions to the concerned authorities that may be found usefu l for the exercise of updation of NRC. The petition stands disposed of accordingly.