Assam: Stormy one day Assembly session, LoP Debabrata Saikia compels CM Himanta Sarma to respond

The one day session convened by the Assam Legislative Assembly (as a special session single day on June 9, 2025) became a forum for a stormy discussion on the Opposition’s demand for answers on the reportedly unlawful expulsions of ordinary Assamese being carried out since May 23; the session had been initially called to discuss the proposal to rename the Dibrugarh airport after Bhupen Hazarika

June 9, 2025, the occasion of the one day special session of the Assam Legislative Assembly occasioned stormy speeches by elected members of the Opposition led by the Indian National Congress on the reportedly unlawful expulsions of ordinary Assamese being carried out since May 23 by the authorities. The session was basically intended to discuss the proposal to rename the Dibrugarh Airport after Bhupen Hazarika.

However, throughout the day, during the one-day session, opposition MLAs and the Chief Minister engaged in a heated discussion on the contentious topic of citizenship: the speeches and deliberations centred around the manner in which the Assam police have been forcibly detaining people in the state in late night operations, wrongly dubbing them as “foreigners” since May 24/25, 2025. Under state target have been especially Bengali-speaking Muslims who have been –without recourse to due process –expelled to no man’s land, many of them have subsequently even returned home.

Leader of the Opposition in the Assembly, Debabrata Saikia led the charge by moving a motion in the Legislative Assembly, prompting the Chief Minister to respond. Several opposition MLA then took the floor, voicing their concerns and perspectives on the issue. The chief minister Himanta Biswas Sarma attempted to project himself as a saviour of the Assamese speaking communities, pushing the blame on previous Congress governments. This angered several members of the Opposition who took him on, point by point, in detail. They pointed out that the first declaration of ‘D-Voter’ (Doubtful Voter) took place in 1997 when the government was ruled by Prafulla Mahanta of the AGP (Asom Gana Parishad). Sarma also gave incorrect information in the House that the practice of creation of D-Voters was begun during the time of Hiteswar Saikia (Former Congress chief minister of Assam, who is also father of Debabrata Saikia), but the fact is that Hiteswar Saikia was died on April 11, 1996 and the practice of D-voters was started from 1997.

Himanta also defended the moves saying that the “push” was taking place in accordance with the Immigrants (Expulsion from Assam) Order, 1950 and a recent Supreme Court order. Incidentally, the Citizens for Justice and Peace has in memorandum to the National Human Rights Commission (NHRC) detailed how no procedures at all were followed by the authorities while they conducted the recent drives. These may be read here and here.

Meanwhile, the members of the opposition were vociferous in the tactics being employed by the authorities, urging that, any foreigners identified in the state, who have entered after 1971 (the cut-off date in Assam Accord) should be sent abroad (deported) according to provisions of law and procedure and any repatriation agreement with neighbouring countries, however the hounding and torture of poor, innocent Indians under the slur/label of being “Bangladeshi” must be stopped.

The entire speech of the LoP in the Assam Assembly, Debabrata Saikia is being reproduced here:

Monday, June 9, 2005

“We all know that Assam Movement was held to expel foreigners and after the Assam Accord of 1985, among all clauses, Clause 5 was very important. (This is) because it talks about the identification of foreigners and (the process to be followed) to expel foreigners from India.

And to carry this out smoothly, NRC updation process was undertaken on the base of 1951 NRC. And, finally, in the year 2013, SC directed (the Assam government) to update the NRC in Assam.  And finally we have the final draft of the NRC dated August 31, 2019.

On July 22, 2018, through a press conference, the then Home minister Rajnath Singh said that even after the final NRC, Foreigners Tribunal will detect the citizenship of people. He also said that any person’s name that has been dropped out from the final draft of NRC, (even) he or she can appeal. When the draft was published, it was seen that 19 lakh people were excluded from the NRC. At the time, Rajnath Singh also announced that a ‘Rejection slip’ will be provided to (ensure that people undergo process) to include their name in the NRC and if needed Goverment will provide the legal aid.

Later also, (with a change of guard) the Home Minister, Amit Shah said that all help will be provided to the people left out from the NRC and only foreigners tribunal will decide on the citizenship. No person should think themselves as outsider, until or unless Foreigners Tribunal take a decision on this, he had said.

The Supreme Court (SC) also declared that in the judgement of Abdul Kuddus that if any person was declared as foreigner he can approach the High Court or Supreme Court in appeal.

After the release of the final draft list of the NRC, government authorities announced that 200 Special tribunals would be set up. However, in October 2023, 3,34,964 cases were reportedly disposed off by the tribunals, 96,146 cases are still ongoing in the FTs. A total of 10, 3764 people were reportedly declared foreigners.

However after the release of the Final Draft of the NRC (August 31, 2019), the government did not provide the rejection slip to those excluded from the list. And it is these who are facing many challenges challenge due to not being enrolled in the NRC. They are facing problems of Aadhaar card exclusion and exclusion from government welfare schemes because “only citizens can avail welfare of the state.”

Recently the Assam Government has “pushed back” more than 100 people based –ostensibly– on a judgement of the SC. People were (simply) left in the No Man’s land. Almost 1200 people were sent, possibly 1000 people didn’t come back but those sent from Assam were taken back again (this was in the context of persons sent from Gujarat, Delhi, etc.)

The Union Foreign Minister S. Jaishankar had said, when Indians were repatriated from America or at other times, according to the rules and regulations, no one should be considered a foreigner until proven so. The suffering inflicted on Indian citizens in Assam by labelling them as foreigners has been highlighted in the recent declaration.

Therefore, we demand that, rejection slips should be given through the National Register of Citizens (NRC) process. And, through the legal process, foreigners should be identified and those who are Indians should be included. According to a report of CJP (Citizens for Justice and Peace), during the NRC process in 2019, around 60 people in Assam attempted suicide due to various fears and trauma. Among them, 32 were Hindus and the rest belonged to other religions.

One such tragic incident was of a highly educated individual from Kharupetia, who held MA, LLB, and BT degrees, and worked as a teacher. He was subjected to constant taunts and comments like ‘Look Bangladeshi has come’ while walking on the streets or at market, which led him to take his own life in 2018 due to extreme fear and anxiety.

Recently, Sonabhanu from Barpeta was left in no man’s land in May (2025) while her appeal was still pending in the Supreme Court. Additionally, 51-year-old Khairul Islam from Morigaon was declared a foreigner by the Foreigners Tribunal and the High Court, and he has filed an appeal in the Supreme Court.

There are many such people for whom the verdict has not been delivered yet they have become victim of the government’s moves. Besides, the statement that citizenship will be granted based on a particular religion to those who are Bangladeshi, under the Citizenship Amendment Act 2014, which was mentioned in 2019, has brought shame to many. This is evident from the suicide of Nirad Baran Das ((On October 20, 2918 tragedy struck Kharupetia town in Darrang district of Assam, when a retired school teacher and advocate Nirod Baran Das “took his life by hanging himself to a fan in his home.” CJP’s report had stated that Das had become “fearful and insecure of being arrested, wrested of his citizenship, declared a non-Indian, took his own life after hanging himself from a fan in his home”, claiming, NRC had declared him a foreigner even though “he was born and brought up in the town where he taught” and was in “possession of all the legacy documents.”))

.Therefore (we demand), that the process (of expelling foreigners) should be carried out as per the Assam Accord. The manner in which (Indians), who are “merely suspected” as D-Voters (Doubtful Voters), are declared foreigners by the Foreigners Tribunal, and later proved not to be foreigners in the High Court – this process needs to be more realistic so that people are not wrongly labelled as foreigners.

Other interventions by opposition members in the Assam legislative assembly on June 9:

  • Jakir Hussain Sikdar, MLA from the Sarukhetri Assembly constituency, and Assam Pradesh Congress Working President said, “The government’s foreigner identification process is fundamentally flawed. Identifying individuals without sufficient information and evidence is entirely incorrect. The government’s misguided decisions are wrongly labelling Indian citizens as foreigners.”
  • Nurul Huda, MLA, Indian National Congress (INC) from the Rupohihat Assembly constituency said that the unlawful targeting of ordinary Indian people as foreigners is unacceptable,’ he said, cautioning that continued police harassment without due process will undermine faith in the Indian judiciary.
  • Ashraful Hussain, AIUDF MLA from Chenga Assembly constituency stated that the Foreigners Tribunals in Assam operate under the direct influence of the state government, with the Home Department dictating their actions. He expressed deep concern that selectively targeting indigenous people based on religion, language, and race would be utterly unfortunate.

In his replies to the Opposition members, chief minister of Assam, Himanta Biswa Sarma stated that Government does not need to take NRC as reference for deportation of foreigners. He self-abrogated the powers to deport to the District Collector and myself, legally or illegally! He added, “We will further expedite the issue of foreign extradition in accordance with the Supreme Court’s judgment. All those who came after 1971 are foreigners.”

When the Opposition rebutted stating that many who were forcibly deported have returned, an unreptentant Himanta said, “”We have pushed back about 330 people, none of them have returned and there is no question of them coming back, and this push back will increase further.”  He added, “There are 35 more ready (to be sent): I will send them too (uses un-parliamentary language) “. He also mocked Congress for starting evictions, tribal belts and blocks, D-voters, detention camps, etc., and said that he is trying to do all these things now. He also claimed that like Prafulla Mahanta (former CM) who created D-Voters, he has garnered votes on the question of “expelling foreigners.” I on the other hand, am working for my ideology and that of my party (BJP) which is different. Sarma also made a rather outlandish claim, “Today the Deputy Speaker of Assam Assembly told me that I also have the power to review FT orders, so I will also make anyone who has been made Indian into a foreigner!.. “After Bimala Prasad Chaliha (Former CM of Assam), I am the only Chief Minister who has been able to make any foreign investments.”

At this point Akhil Gogoi Independent MLA from the Raijor Dol from the Sibsagar Assembly Constituency intervened, “It would be better if you spoke like a Chief Minister, please speak like a Chief Minister.” To which Sarma replied, “I want to speak like an Assamese.” He added, “I am the Chief Minister later, but I am an Assamese first. Whatever I say, I will say it like an Assamese, like a proud Assamese.”

Akhil Gogoi said, “You are not a proud Assamese, you are a Big Zero. In your day you could not send a single foreigner (out) legally, what you did you have sent illegally.” Himanta replied,”I will send legally and I will send illegally, yes I will send illegally. ”

Related:

Union Govt admits handover of Samsul Ali to BSF, Gauhati High Court grants family visitation rights if not yet deported

Does India have a lawfully established procedure on ‘deportation’, or are actions governed by Executive secrecy and overreach?

Assam: Academics, lawyers, activists condemn ‘push back’ of persons to Bangladesh

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