Skip to main content
Sabrang
Sabrang
Freedom Politics

Assam: The Curious Case of Phuljan Nessa

Sabrangindia 03 Nov 2019

Phuljan Nessa, resident of Samaguri in Nagaon district of Assam was declared a foreigner by the Foreigners Tribunal in October 2017, yet her name was included in the final draft of the NRC. NRC issued a clarification on their Facebook page without accepting the blunder.


NRC

The Gauhati High Court, while entertaining a Writ petition against a Foreigners Tribunal order, observed in its order dated October 31 that the petitioner, Phuljan Nessa was declared a foreigner by the Tribunal but her name appeared in the final draft of the National Register of Citizens (NRC). Therefore, the High Court has sought information from the State Co-ordinator of NRC, Assam regarding this obvious contradiction and posted the matter for November 5.

The order can be read here.


Phuljan Nessa was declared foreigner of post 1971 stream by the Foreigners Tribunal through its order dated October 25, 2017. Phuljan had then filed the writ petition before the Gauhati High Court in November 2017. October 31 was only the second hearing of the case where information of this contradiction came to light and was pointed out to the High Court. 

Citing this order of the HC, local media reports in newspapers like the Assam-based Sangbad Pratidin sensationalised the issue. In response to this, the NRC posted an announcement issued in the “public interest” on its Facebook page:



Before the next date of hearing, just two days away, crucial questions remain: 
 
—Was the declared foreigner’s name really included in the NRC? If yes then what lead to this blunder? 
 
—Why did the NRC make the above announcement? If थे NRC’s announcement on FB is based on facts, then how did the High Court make such an observation?
 
Such an anomaly, if there exists one at all, is not the is first of its kind.
 
Not long back, there was the similar case of AhmedAliwho was a “declared foreigner“. Yet, his name was included in the first draft of the NRC. At that time the State co-ordinator for NRC, Prateek Hajela had admitted NRC’s fault and attributed it to the receipt of incomplete information from border branch of Assam police.
 
It is when such incongruities come to light that both the competence and fairness of the NRC are brought into question. Today, 19,06,657 people of Assam who have been excluded from the final draft of the NRC are now struggling to deal with the process of standing before the Foreigners Tribunals to prove their citizenship. There is more than a distinct possibility that many of these people are genuine Indian citizens, made victims of a manipulated and callous bureaucratic-political exercise. Will they ever get justice? The road ahead for them is full of hurdles which will take years to cross. 

Related articles:
Assam: Man declared foreigner by court enlisted in NRC first draft
Lives shattered by NRC, CJP reaches out and intervenes
Bengali Hindu couple falsely accused of using fake legacy person
EXCLUSIVE! Assam FT declares 282 people foreigner: Signed orders MISSING or full of errors
People’s Tribunal: NRC and its Constitutional Process and Human Cost
 
 

Assam: The Curious Case of Phuljan Nessa

Phuljan Nessa, resident of Samaguri in Nagaon district of Assam was declared a foreigner by the Foreigners Tribunal in October 2017, yet her name was included in the final draft of the NRC. NRC issued a clarification on their Facebook page without accepting the blunder.


NRC

The Gauhati High Court, while entertaining a Writ petition against a Foreigners Tribunal order, observed in its order dated October 31 that the petitioner, Phuljan Nessa was declared a foreigner by the Tribunal but her name appeared in the final draft of the National Register of Citizens (NRC). Therefore, the High Court has sought information from the State Co-ordinator of NRC, Assam regarding this obvious contradiction and posted the matter for November 5.

The order can be read here.


Phuljan Nessa was declared foreigner of post 1971 stream by the Foreigners Tribunal through its order dated October 25, 2017. Phuljan had then filed the writ petition before the Gauhati High Court in November 2017. October 31 was only the second hearing of the case where information of this contradiction came to light and was pointed out to the High Court. 

Citing this order of the HC, local media reports in newspapers like the Assam-based Sangbad Pratidin sensationalised the issue. In response to this, the NRC posted an announcement issued in the “public interest” on its Facebook page:



Before the next date of hearing, just two days away, crucial questions remain: 
 
—Was the declared foreigner’s name really included in the NRC? If yes then what lead to this blunder? 
 
—Why did the NRC make the above announcement? If थे NRC’s announcement on FB is based on facts, then how did the High Court make such an observation?
 
Such an anomaly, if there exists one at all, is not the is first of its kind.
 
Not long back, there was the similar case of AhmedAliwho was a “declared foreigner“. Yet, his name was included in the first draft of the NRC. At that time the State co-ordinator for NRC, Prateek Hajela had admitted NRC’s fault and attributed it to the receipt of incomplete information from border branch of Assam police.
 
It is when such incongruities come to light that both the competence and fairness of the NRC are brought into question. Today, 19,06,657 people of Assam who have been excluded from the final draft of the NRC are now struggling to deal with the process of standing before the Foreigners Tribunals to prove their citizenship. There is more than a distinct possibility that many of these people are genuine Indian citizens, made victims of a manipulated and callous bureaucratic-political exercise. Will they ever get justice? The road ahead for them is full of hurdles which will take years to cross. 

Related articles:
Assam: Man declared foreigner by court enlisted in NRC first draft
Lives shattered by NRC, CJP reaches out and intervenes
Bengali Hindu couple falsely accused of using fake legacy person
EXCLUSIVE! Assam FT declares 282 people foreigner: Signed orders MISSING or full of errors
People’s Tribunal: NRC and its Constitutional Process and Human Cost
 
 

Related Articles

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Theme

Stop Hate

Hate and Harmony in 2021

A recap of all that transpired across India in terms of hate speech and even outright hate crimes, as well as the persecution of those who dared to speak up against hate. This disturbing harvest of hate should now push us to do more to forge harmony.
Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.

Campaigns

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Videos

Communalism

Bastar violence: Anti-Christian Campaign causes breach in Adivasi unity

Hundreds of Adivasi church-goers across villages in Narayanpur and Bastar, Chhattisgarh have been experiencing boycott, intimidation and violence since December last year, forcing them to leave their homes and live in refugee camps. Reportedly, Adivasi districts across Madhya Pradesh and Chattisgarh is seeing a rise Hindutva mobilisation against Christians .

Communalism

Bastar violence: Anti-Christian Campaign causes breach in Adivasi unity

Hundreds of Adivasi church-goers across villages in Narayanpur and Bastar, Chhattisgarh have been experiencing boycott, intimidation and violence since December last year, forcing them to leave their homes and live in refugee camps. Reportedly, Adivasi districts across Madhya Pradesh and Chattisgarh is seeing a rise Hindutva mobilisation against Christians .

IN FACT

Analysis

Stop Hate

Hate and Harmony in 2021

A recap of all that transpired across India in terms of hate speech and even outright hate crimes, as well as the persecution of those who dared to speak up against hate. This disturbing harvest of hate should now push us to do more to forge harmony.
Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.

Archives