Amidst this challenging environment, Citizens for Justice and Peace (CJP) stands as a vital ally, tirelessly assisting families in navigating the complex and often intimidating bureaucratic landscape. CJP’s dedicated advocates provide essential support, helping families overcome barriers and ensure that their voices are heard in a system that often overlooks their plight.

Additionally, a separate crucial development also came with the Supreme Court mandating surprise inspections of the Matia detention camp. This intervention comes in response to mounting concerns over the living conditions of detainees, including issues related to hygiene and potential human rights abuses. The Court’s decision to order these unannounced inspections signifies a recognition of the urgent need for accountability and transparency within the detention system, highlighting the ongoing struggle for dignity and justice faced by those confined within these walls.

Supreme Court orders inspections of Assam’s Matia transit camp amid human rights concerns

On October 4, the Supreme Court directed the Assam State Legal Services Authority (SLSA) to conduct unannounced inspections of the Matia Transit Camp in Goalpara, Assam, which houses foreign nationals. The inspections are aimed at assessing the camp’s hygiene, food quality, and overall living conditions. A bench comprising of Justice Abhay S Oka and Justice Augustine George Masih ordered the SLSA Secretary to assign suitable officers to carry out these inspections periodically, without prior notice to camp authorities, to ensure that the state’s claims of improved conditions—made in a compliance affidavit—are accurate.

The Court stated, “We direct the Secretary of the Assam State Legal Services Authority to arrange for inspections of the Transit Camp facilities to verify whether the claims made by the State Government in the affidavit of Shri Ranadip Dam, Joint Secretary, General Administration Department, Government of Assam, are accurate. The Secretary shall nominate officers to conduct periodic visits without prior notice to the authorities to check the cleanliness, hygiene, quality of food, and overall conditions in the camp.”

The Supreme Court has asked the Assam SLSA to submit a detailed report on the findings within a month, and the next hearing is scheduled for November 4, 2024.

This development follows the Court’s earlier concerns raised in July about the “sorry state of affairs” at the Matia Transit Camp. On July 26, 2024, a Supreme Court bench comprising Justices Abhay S Oka and Augustine George Masih had criticised the poor conditions after reviewing a report from the Assam Legal Services Authority, highlighting issues such as inadequate water supply, poor sanitation, and insufficient toilet facilities. The Court had expressed deep concern over the inhumane and deplorable conditions in which declared foreigners were being detained.

Beyond just poor infrastructure, the Matia Transit Camp, and similar detention centres across Assam, reflect broader issues of human rights violations. These camps often house individuals declared as “foreigners” following disputes over citizenship, many of whom are from marginalised communities or are stateless. The conditions in these camps are notoriously inhumane, with detainees deprived of basic necessities, forced to live in overcrowded spaces, and subjected to substandard living conditions. The lack of adequate medical care, sanitation, and dignity raises serious ethical concerns, bringing into question the government’s approach toward handling individuals who, in many cases, may have lived in India for decades but failed to provide the necessary documentation to prove their citizenship.

In the broader context, these camps are part of a contentious legal and political framework surrounding migration, nationality, and human rights in Assam. Last month, the Supreme Court also addressed the issue of deporting the 211 foreign nationals currently detained at Matia, 66 of whom are from Bangladesh. While Assam has responded to the Court’s queries on this matter through an affidavit, the union government has yet to file a response. The Court has now given the union government until October 25, 2024 to submit its affidavit detailing how it plans to handle the deportation process.

Detention centres like Matia stand as a stark symbol of how policies that claim to be about immigration control can devolve into practices that violate basic human dignity. For the detainees—many of whom are effectively stateless—the conditions in these centres serve as an ongoing humanitarian crisis that demands urgent attention.

The order of the Supreme Court may be read here.

Tightening of chains – new restrictions at Assam’s detention camps deepen the pain for families

Until 2021, Assam had six detention camps located in different regions, including Dibrugarh, Jorhat, Tezpur, Silchar, Goalpara, and Kokrajhar. These camps housed Declared Foreign Nationals (DFNs), people deemed as foreigners under Assam’s stringent citizenship laws. Many of those detained were marginalised individuals, unable to afford legal help or navigate the complex process required for release.

However, through the relentless efforts of Citizens for Justice and Peace (CJP) and in accordance with a landmark Supreme Court ruling, many DFNs were granted bail and released from these camps. CJP played a pivotal role in helping those who were economically disadvantaged and unable to secure bail on their own. By the end of the second wave of the COVID-19 pandemic, CJP’s intervention had drastically reduced the number of inmates in these six detention camps, giving hope to families who had long been separated from their loved ones.

In the aftermath of this effort, the world’s largest permanent detention centre was constructed at Matia, Goalpara. Despite the scale and the ongoing controversies surrounding this facility, CJP maintained its commitment to the detainees and their families. CJP members visited the newly built Matia Detention Camp three to four times a year, ensuring continued support for the inmates. They also frequently accompanied family members, helping them navigate the bureaucratic hurdles and emotional strain of visiting their loved ones. For these families, seeing their relatives was often fraught with fear and uncertainty—communication gaps, strict rules, and the intimidating behaviour of camp authorities made every visit a daunting task. But with CJP’s assistance, the process was much smoother, allowing families precious moments of connection.

However, after the detention of 28 DFNs from Barpeta district, everything changed. On September 2, 2024, in Assam’s Barpeta, 28 individuals—19 men and 9 women—were torn from their homes, ripped from the embrace of their families, and labelled “declared foreigners”. Authorities at the Matia camp became stricter, limiting access and creating even more barriers for families. Only immediate family members were allowed to visit, and even then, they could only see their loved ones from a distance. Mobile phones had to be left outside, thorough security checks were conducted before anyone could enter, and visiting hours were severely restricted. The sense of isolation grew, both for the detainees and their families.

CJP’s advocate, Ashim Mubarak, recently tried to visit the inmates after the 28 DFNs were detained, but he was denied entry. He couldn’t meet with those inside, a stark contrast to the earlier days when access was relatively easier. CJP, undeterred, continued its mission, successfully assisting one family member in visiting their relative who had recently been detained.

Advocate Ashim Mubarak expressed his dismay, saying, “A sudden change has taken place in the camp. Earlier, it was much easier for people to meet their relatives, but now, for ordinary families, it’s become incredibly difficult to see their loved ones inside.”

Nanda Ghosh, the Assam state in-charge for CJP, added, “Common people don’t always know the rules they have to follow when visiting their loved ones in the camp, and it makes things harder for them. When the government’s intentions are not just, the poor always suffer. We are here to support them and help them through this dark and difficult time.”

For families of the detainees, the pain of separation, compounded by these sudden and rigid restrictions, continues to grow. Yet, with CJP’s dedication, there remains a glimmer of hope in an otherwise harrowing situation.

In 2019, CJP released a documentary on Assam’s detention camps, portraying them as grim, oppressive places akin to a modern-day purgatory, where those declared as foreigners by Foreigners’ Tribunals (FT) are forced to remain until they can either secure bail or overturn the tribunal’s decision in a higher court. The documentary offered a stark look into the harsh conditions within these camps, highlighting issues such as severe overcrowding, poor sanitation, and inadequate food and nutrition.

The video also featured harrowing testimonies from former detainees, who recounted their traumatic experiences in these centres. Moreover, the documentary shed light on the troubling phenomenon of “sudden deaths” occurring within the camps, where families are left without any clear explanation or reason behind the loss of their loved ones.

Behind Shadows: Tales of Injustice from Assam’s Detention camps

Related:

Eviction tragedy in Assam: Two killed during eviction drive as police firing sparks allegations of government bias

Assam government’s efforts to intensify crackdown on “Suspected/Declared Foreigners” sparks fears of brute targeting & rights denials

New Assam Muslim Marriages & Divorces Bill: Reform or politics?

Supreme Court seeks Assam government’s response on plan to deport over 200 declared foreigners detained in transit camp

The post Assam detention camps tighten rules, leaving families struggling to visit loved ones detained in Matia transit camp appeared first on SabrangIndia.

In the north-eastern state of Assam, India, the quest for citizenship has been a long-standing issue, entangling countless lives in a web of uncertainty. The gravity of the situation can be felt when stories of those being unjustly targeted and scrutinised by the state, based on their religious identity in most cases, comes forth. It takes the Tribunals and Courts many years to hear and decide the cases of those under the scanner, especially since the officer’s in-charge of the investigation do not discharge their duty fairly in verifying the documents presented by the accused to establish their citizenships. Meanwhile, those who have their nationality and identity hanging by a thread keep on suffering. Among those who had to suffer through a series of injustice and targeting was Rahim Ali, a man whose story is a poignant testament to the human cost of this citizenship struggle.

It was after the delivery of the Supreme Court judgement that the lawyer representing the accused, Advocate Kaushik Chaudhary, got to know about the demise of Rahim Ali. As per the report of The Indian Express, Chaudhary had stated that he was fighting Rahim Ali’s case pro bono and became aware of the death of Rahim Ali as the family was contacted in regards to the judgment.

The Assam team of Citizen’s for Justice and Peace met with the family of Rahim Ali in their village to talk to them about the judgment, the establishment of the Indian nationality of deceased Rahim Ali and to provide her with emotional support for the ordeal that the family had to go through. Dealing with families who remain fearful of having their loved ones snatched away due to indifference of the state is a situation that the CJP Assam team, who helps the residents of Assam put under the scrutiny of the state to fight the legal battle of proving their citizenship, has had to face often.

Team CJP with Rahim Ali’s family

Brief facts of the case:

The case against the present appellant, Md. Rahim Ali, had begun in the year 2004. The charges against Ali were regarding his alleged “illegal migration from Bangladesh post March 25, 1971.” The said date of March 25 of the year 1971 is significant as it is the cut-off date as per section 6A (Special provisions as to citizenship of persons covered by the Assam Accord) of the Citizenship Act.

The investigating officer, Sub-Inspector Bipin Dutta, sending the “notice” under the dreaded Foreigners Act, 1946, reported that the appellant failed to provide documentary evidence of entry into India before January 1, 1966. As a matter of course, as the experience of Citizens for Justice and Peace (www.cjp.org.in) in Assam reveals, the very basis of such notices are without basis or material facts.

In this case too, as provided by the order of the Supreme Court, the appellant stated that his parents’ names appeared in the voter lists of 1965 and 1970 for Village Dolur Pather, under Bhabanipur Legislative Assembly Constituency in Assam. Ali had also stated that he was born in the same village, and his name, along with his family members, appeared in the 1985 voter list. After marrying in 1997, he moved to Village Kashimpur, Nalbari district, where his name appeared in the 1997 voter list.

On the receipt of notice by the Tribunal, the appellant appeared on July 18, 2011, and has sought time to file the written statement as he was suffering some serious health ailments. It is to be noted that despite obtaining a medical certificate indicating his illness, the tribunal had passed an ex-parte order on March 19, 2012. Passing such ex-parte orders is also often routine in Assam. As per the order of the Tribunal, appellant Md. Rahim Ali had been declared a foreigner under Section 9 of the Foreigners Act, 1946 by the Foreigners Tribunal, Nalbari on March 19, 2012. The said declaration had been made by the Tribunal on the ground that Ali had failed to prove his Indian nationality.

After the order of the Tribunal was delivered, Ali moved the High Court on May 30, 2012, to challenge the order of the High Court. On June 6, 2012, the High Court stayed the tribunal’s order by passing an interim order, directing the authority not to deport the appellant during the pendency of the proceedings before the High Court. However, on November 23, 2015, the High Court dismissed the writ petition moved by Ali, affirming the tribunal’s order declaring Ali a foreigner and clearing the path for his deportation. Challenging the said order of dismissal of the High Court, Ali moved the Supreme Court.

On July 11, 2024, in a significant judgment, the bench of Justices Vikram Nath and Ahsanuddin Amanullah observed that authorities cannot randomly accuse people of being foreigners and initiate investigation into a person’s nationality without there being some material basis or information to sustain the suspicion. Holding the same, the bench overturned the judgment of the Gauhati High Court, through which the present appellant had been declared foreigner on the grounds that he failed to discharge his burden under Section 9 of the Foreigners Act, 1946 and failed to prove that he is not a foreigner.

The details of the case can be referred to here.

CJP’s team meeting family of Rahim Ali:

On behalf of CJP Assam team, State In-charge Nanda Ghosh and legal member Advocate Abhijeet Choudhury went to meet with Rahim Ali’s family in Kashempur village of Nalbari. The team experienced a range of emotions when they first met Rahim Ali’s wife, Hajera Bibi. Hajera was relieved that her husband had at last been recognized as an Indian, but her happiness was overshadowed by the realisation that Rahim Ali was not around to see this day. She described how Rahim Ali’s health had suffered greatly as a result of the strain of the citizenship dispute, which ultimately resulted in his premature death.

Hajera described how Rahim Ali had grown more and more withdrawn, spending months at a time hiding from the authorities, and how his diabetes had gotten worse due to his fear of being arrested. The family sold everything they owned, including goats, cows, and even property, but they were unable to pay for Rahim Ali’s necessary medical care.

Hajera holds up the judgement declaring Rahim Ali an Indian

Hajera is now left to look after their son, who is 14 years old. Hajera took comfort in the knowledge that her husband’s suffering might not have been in vain, though, after learning that the Supreme Court’s decision had given hope to many others going through comparable difficulties. With a satisfied sigh, she said, “this judgment is crucial so that the injustice that happened to me does not happen to anyone else.”

As Team CJP consoled Hajera, they promised to support her and their villages going forward with any citizenship-related concerns. It is essential to note that through the judgment delivered by the Supreme Court in the Rahim Ali case, the bench had held that even for initiating an inquiry, there has to be some material basis or information to suspect that the person is a foreigner and not an Indian. Secondly, a mere allegation that someone is an illegal migrant is not enough to impose the burden of proving the citizenship on the accused under Section 9 of The Foreigners Act, 1946. As per the judgment, the fact that Section 9 burden only kicks in after the foundational facts have been established by the referring authority before the tribunal was once more established.

It further recognised the diversity in language which often renders the spelling of names in documents inconsistent. In Rahim Ali’s case, the court held that the State miserably failed to provide the material basis for initiating the case against him, rendering the inception of the case itself a nullity, void and without merits.

Thirdly, the bench had held that not giving a copy of the main grounds based on which the case has been referred or it is alleged that the person is a foreigner by the authority to the person proceeded against is violative of principles of natural justice.

Related:

SC highlights deplorable conditions in Matia detention Centre of Assam, calls it a “sorry state of affairs”

Assam CM makes misleading statement regarding Muslim population in Assam, attracts criticism from opposition leaders

SC directs Centre to deport 17 foreigners detained in Assam Detention Centre

SC issues notice to Union and NRC Coordinator over woman declared foreigner by tribunal and halts deportation

Triumphant Win for CJP: Jamila Khatoon, Assamese Bengali Muslim, officially recognised as Indian Citizen

The post 12-year legal battle for identity: Rahim Ali’s posthumous victory in Assam’s citizenship tribunal appeared first on SabrangIndia.

As per a report of LiveLaw, the bench had pointed the lamentable conditions of the detention centres by asking the counsel for the state to “Please see the report by Assam State Legal Service Authority. Such a sorry state of affairs. There are no proper toilets, no medical facilities. What kind of facilities you are managing?”

It is essential to note that these observations were made by the Bench after perusing a report from the Secretary of Assam Legal Services Authority regarding the detention centre in Matia, Assam. The said report had been submitted to the Court on after Justices Oka and Ujjal Bhuyan had directed to the Committee appointed by the Assam State Legal Services Authority to visit the detention centre with a view to find out the nature of the facilities made available to the declared foreigners in the said Detention Centres. The abovementioned order had been issued by the Supreme Court on May 16, 2024.

Based on the same, the Bench observed in its order the lack of sanitation hygiene and systems, while highlighting that the report does not provide any information regarding the facility of food and medical health in the detention centre.

The order stated that “We find that the facilities are very poor in the sense there is no adequate water supply, there are no proper sanitation systems, there are no proper toilets. The report does not speak about the facility of food and medical health.”

As per the live reporting by LiveLaw, Senior Advocate Colin Gonsalves, representing the petitioners, had submitted during the hearing that Matia detention centre in Assam is a very big deportation centre, housing around 3000 people within it. Gonsalves provided “I saw the report and everywhere the report says it is informed, it is informed, it is informed. They must go to the area and meet the people like NHRC did.”

Taking note of the following argument raised, the bench directed the secretary of Assam State Legal Service Authority to ensure one more visit to find out not only the facilities mentioned in the report but also ascertain the quality and quantity of food served and the cleanliness of the kitchen. The said report was then required by the bench to be submitted within 3 weeks.

“The Secretary to submit a fresh report within 3 weeks. Union of India to file a response on the issue of deportation within three weeks,” the Court had ordered.

Another issue of deportation to those who had no pending cases against them, based on the previous order of the Supreme Court, was also raised. Notably, on May 16, 2024, the division bench of Justices Abhay S. Oka and Ujjal Bhuyan had directed the central government to take steps to immediately deport 17 declared foreigners detained in transit camps of Assam, considering that there are no pending cases registered against them. The court had also directed that priority should be given to deport 4 persons who have spent more than 2 years in the Detention Centre.

The apex court had then stated that “We are of the view that the Union of India must take immediate steps for deporting these 17 declared foreigners as it is not the case that there are any offences registered in India against them. Priority should be given to deport 04 persons who have spent more than 02 years in the Detention Centre. The Advocate-on-Record for the Union of India shall forward a copy of this order to all the concerned Authorities of the Union of India to take immediate steps for deporting these 17 declared foreigners. A compliance affidavit shall be filed by an appropriate officer of the Union of India within a period of two months from today.”

The details of the previous order can be read here.

Against this backdrop, the Court, on July 26, asked the counsel for the Union to inform the bench about the steps for deportation. At this, Gonsalves submitted that some of the individuals proposed to be deported have their cases pending before the High Court. “They must check if they are deporting people whose cases are pending somewhere down the line,” he added, as per LiveLaw. Gonsalves further underscored the issue of legal aid by stating that if any person from the Foreigners’ tribunal wanted to approach the High Court, no legal aid was being provided.

The order of the Supreme Court is yet to be uploaded on its website.

Related:

SC directs Centre to deport 17 foreigners detained in Assam Detention Centre

SC issues notice to Union and NRC Coordinator over woman declared foreigner by tribunal and halts deportation

Triumphant Win for CJP: Jamila Khatoon, Assamese Bengali Muslim, officially recognised as Indian Citizen

The post SC highlights deplorable conditions in Matia detention Centre of Assam, calls it a “sorry state of affairs” appeared first on SabrangIndia.

The division bench of Justice Abhay S. Oka and Justice while hearing Writ Petition (Crl.) No. 234 of 2020 related to the condition of detention centres in Assam where individuals with a doubt citizenship and deemed foreigner were kept in detention, directed the central government for immediate deportation of 17 declared foreigner. The court further directs that priority should be given to deport 4 persons who have spent more than 2 years in the Detention Centre.

Brief Background of the case:

On December 12, 2011, an ex-parte order was passed by the Foreigners Tribunals, declared the petitioner’s husband, the petitioner and their children to be foreigners. The petitioner’s husband had initially appeared in the Foreigners Tribunal but thereafter remained unrepresented due to financial inability.

The Petitioner’s husband approached the Gauhati High Court for setting aside and quashing of the Foreigners Tribunal order dated 01.12.2011, but his petition was dismissed. The petitioner thereafter approached the Supreme Court also but again his petition was dismissed by the court.

The petitioner submitted that the task of detaining persons declared to be foreigners was undertaken following the issuance of Notification No. PLB. 149/2008/88 dated 17.06.2009 by the Political (B) Department of the Government of Assam.  By this notification, it was ordered that the movement of persons detected as Foreigners by the Foreigners Tribunal shall be restricted and they shall be required to reside in the detention centres immediately after their detention and till they are deported to their place of origin.

The Petitioner further submitted that the petitioner’s husband’s parents along with him had migrated to India in 1964 and are thereby citizens of India and are thereby citizens of India by virtue of Section 6A of the Citizenship Act, 1955.

According to the petitioner, at present there are 802 persons living in the detention centre of Assam according to information provided on 11.02.2020 in the Rajya Sabha by the Minister of State in the Ministry of Home Affairs.

The Petitioner relied of the order of Supreme Court on dated 11.05.2019 in Writ Petition (Civil) No. 1045 of 2018 in which SC held that detenus who have completed more than three years may be released subject to the condition prescribed.

The writ petition can be read here:

Supreme Court order dated May 16, 2024:

On May 16, 2024, the division bench of Supreme Court said “The Assam Legal Services Authority has not reported about the facilities which are made available to the declared foreigners in the Detention Centre. The report shows that there is a detention centre also known as transit camp at Matia, Goalpara district of Assam. There are 17 declared foreigners detained in the said Detention Centre/Transit Camp out of which 04 have already spent more than 02 years.

The apex court further added that “We are of the view that the Union of India must take immediate steps for deporting these 17 declared foreigners as it is not the case that there are any offences registered in India against them. Priority should be given to deport 04 persons who have spent more than 02 years in the Detention Centre. The Advocate-on-Record for the Union of India shall forward a copy of this order to all the concerned Authorities of the Union of India to take immediate steps for deporting these 17 declared foreigners. A compliance affidavit shall be filed by an appropriate officer of the Union of India within a period of two months from today.”

The court also directed to the Committee appointed by the Assam State Legal Services Authority shall again visit the detention centre with a view to find out the nature of the facilities made available to the declared foreigners in the said Detention Centres.

And, the report of ASLSA shall be filed before the next date, the court said.

Now the matter is listed for July 26, 2024 to consider the compliance affidavit of the Union of India.

The order of Supreme Court dated 16.05.2024 can b read here:

Related:

SC issues notice to Union and NRC Coordinator over woman declared foreigner by tribunal and halts deportation

Assam: ‘No Aadhaar, No Citizenship, So No Vote to BJP’, said a Citizens Convention

Assam gov’t adamant on NRC reverification

The post SC directs Centre to deport 17 foreigners detained in Assam Detention Centre appeared first on SabrangIndia.

These 14 people were escorted to the Matia Detention Camp, which has recently been renamed as a “Transit Camp.” The sudden action was the outcome of all of them declared “foreigners” by the infamous Foreigners Tribunal^[1] despite having requisite documents like other valid citizen of India; the FT judgements declaring several of them as foreigners have been criticised by the Gauhati High Court as well. Their detention has sparked widespread concern and fear in the region. Several of the detained include old and young alike – mothers, fathers, grandparents alike, many of them ranging from various parts of the Baksa district, such as Salbari, Gobhardan, Barama etc.

What actually happened on October 31, 2023?

On that fatal day, October 31, families were summoned by the authorities for what they had believed to be routine documentation check at the local border branch at 8 am in the morning.

However, they found themselves facing a harrowing situation. By 2 pm, the people were summarily made to undergo a medical examinations on their way to Mushalpur Police Station; none of them had any clue what was happening. By that night at Mushalpur Police Station, there was a reportedly calculated attempt to separate family members from those who were about to be detained. This led to further chaos as family members were sent out of the police station, while their relatives remained inside with their fate unknown. There were cries and screams heard from the police station; it was evident now to all present that the remaining people were to be taken to detention camps. Those detained were not given any chance or intimation to prepare their belongings or inform family members at home.

As the night progressed, there was a handful of media persons who had managed to gather some information on the incident which is how news of the incident first got disclosed.  Soon after, a detailed narration of the incident was disclosed to CJP’s team Assam by Ashraf Ali, who was with his father Jahur Ali and mother Sarifa Begum, until the police forcibly separated him from his parents.

Meet some of the detained

Citizens for Justice and Peace has collected the names of the 14 who are detained. A team from CJP has been regularly meeting some of the families affected by these detentions.

1. Pariman Nessa from Bhakuamari, Salbari.
2. Houshi Khatun from Bhakuamari, Salbari.
3. Siddique Ali from Bherberi, Barama
4. Faziran Begum from Bherbheri, Barama
5. Anowara Khatun from Bhakuamari, Salbari
6. Rahiman Nessa from Bhakuamari, Salbari.
7. Jahur Ali from Garhbhitar, Barama
8. Sarifa Begum  from Garhbhitar, Barama.
9. Maij Uddin from Raghabbil, Gobardhana.
10. Amzad Ali from Bhakuamari, Salbari.
11. Mukbul Hussain from Kuthurijhar, Gobardhana.
12. Mafida Khatun from Kuthurijhar, Gobardhana.
13. Hamida Khatun from Kuthurijhar, Gobardhana.
14. Jahanara Khatun from Alengamari, Gobardhana.

1 of 11

CJP reaches out

The citizenship crisis in Assam transforms into a tool by state authorities that unleash anguish on people of poor, marginalised backgrounds. Based on accepted national and international humanitarian principles, Nanda Ghosh, CJP’s Assam State in-charge, and legal team member, Abhijit Chowdhury have been involved in some efforts to provide moral support, facilitate family meetings, offer legal aid where possible. In cases where victim families encounter grave challenges in even meeting detainees at the detention camp, CJP’s team in Assam has been assisting with facilitating these meetings. There seems to be an air of despondency and despair as families try to grapple with the loss of their loved ones to the detention camps.  On one such visit by the team, a four year old who could not understand what has happened, asked, “Ora Maa’k niya gesega?” (“They took away my mother?”)

CJP’s Nanda Ghosh states that many of those detained have documents like any citizens of India. However, none of those proofs seem to hold any ground as heart-breaking stories of detentions have emerged from the ground.

During the team’s field visit, they encountered the heart-wrenching account of Korimon Nessa who is a member of the Deshi Muslim community^[2]. Korimon (Parimon) Nessa was taken from Bhakuamari village in Baksa district. A mother of three, her family continues to cope with her detention. Her husband is severely ill and disabled, and her three children are teenagers, who now have to take care of their father as well as other household duties.

CJP also came across the family of Haushi Khatun, one of the detainees, who has tried to visit the detention camp that Haushi was detained in. The family undertook the difficult and highly costly journey to the detention camp which is located at a remote location. Haushi’s husband narrated how Haushi was crying endlessly when she met them. Haushi’s 11-year-old son, Abdullah, dismal without his mother, told the team how, “Mother was only crying, and then I was also crying too. I have never been without my mother.”

Most of the 14 FT judgements came in the end of 2020 and beginning of 2021: several families have challenged these judgements in the Gauhati High Court.

Ashraf Ali further spoke to CJP about how inhumanely he was treated. Ali had been with his now-detained parents Jahur Ali and Sarifa Begum before he was separated from them. According to their voter identification documents, Jahur is about 85 years of age and his wife, Sarifa, about 79 years; both belong to the Goriya-Moriya Muslim community. Their son, Ashraf further states that not only do they have documents that are required by the government today, but they also have documents proving their presence in India from the times of the British Indian government. Many of these details of the family are corroborated by the village head (Gaon Burrah) Prabhat Das, who attests that Jahur Ali appeared for the matriculation exam in 1963 and first voted in 1965. Jahur and Sarifa’s young granddaughter could not control her tears when CJP’s team visited the family, the nine year old child asserted as she sobbed that her grandparents are not illegal immigrants or Bangladeshi.

CJP has only recently assisted over 50+ Indians to regain their citizenship. CJP’ Team Assam continues with its para-legal aid, documentation assistance and moral support for several of the families of the 14 affected detainees, most of whom will now seek legal recourse through the Gauhati High Court.

Presently, CJP’s team is having discussions with Korimon Nessa’s family, working with her documents, hopeful of making headway to approach the Gauhati High Court to help her and her family get justice. In the other cases wherever para-legal aid and documentation is required, the team is actively in the process of assisting.

^[1] Assam’s Foreigners Tribunals function as quasi-judicial bodies which have the judicial capacity to decide on cases related to foreigners, non-citizens, and D-voters under the Foreigners Act, 1946. These detention camps have come under increasing scrutiny for the deplorable human rights conditions within and the controversial criteria used to identify and send detainees.

^[2] In 2022, the Assam government officially acknowledged 4 million Assamese-speaking Muslims in the state as “indigenous Assamese Muslims,” and recognised them as a distinct part of the native Assamese community.

Related:

What does a month with CJP’s team in Assam look like?

CJP rescues a disabled man from the shackles of becoming stateless

Dalit woman declared as ‘Doubtful citizen’, CJP steps in to help

Resolute and Determined: CJP Assam makes headway through 2023

The post Assam: Fourteen persons despatched to detention camp, families left frantic appeared first on SabrangIndia.

The BJP-led Himanto Biswas Sarma government has now established a permanent “detention camp” in Assam. This camp, reportedly one of several, will be officially called a “transit camp”, to house those individuals that have been ‘declared foreigners’ in Assam. (A simple notice from the Assam Border Police, often without requisite evidence or reasoning is often the only ground that this stigma of ‘declared foreigners’ is labeled on to citizens). This “transit camp”, located in Matia under the Goalpara district of Assam, has been built on 20 bighas of land. Until now, six (temporary) detention camps were being used within Assam to house such individuals that had been declared foreigners. These temporary camps operate from jails in Goalpara, Kokrajhar,Tejpur,Silchar, Diburugarh and Jorhath. Kokrajhar is the only one for women.

Now, in Matia, the government has inaugurated a new and permanent, Asia’s biggest, transit camp, which has started operations from January 27, 2023, one day post Republic Day. It is essential to mention here that a notification had been issued by the Government of Assam on August 17, 2021, wherein it was provided that henceforth, detention camps in the state of Assam would be known as “Transit Camps” for detention purposes. The notification, issued by Niraj Verma, IAS who served as the Principal Secretary to the Government of Assam in the Home and Political Department, however, did not offer any explanation for the latest move.

According to information provided to the team of CJP district volunteer motivators in Assam by local residents, on January 20, 2023, sixteen personnel were appointed –in a rather irregular fashion –to work in the detention camp. To date, the Assam government is yet to make any formal announcement about these appointments. As the opening of this camp was supposed to provide employment, which has not happened, local residents have even demonstrated in protest in front of the detention camp. Advocate Ashim Mubarak and other Citizens for Justice and Peace community volunteers were told by the protesters that the government conducted the recruitment procedure in an atmosphere of complete secrecy. “The government has not advertised for new employees. There was no notice posted outside the gate.”

Protesters also claimed that “During the elections, the BJP had stated in their manifesto that the unemployed from the local areas would be hired in grade IV positions within government. However, the recruitment process did not live up to the BJP’s promise.”

Meanwhile, on January 27, 2023, it has been also reported that 68 detainees have been re-located from Goalpara jail to Matia permanent detention camp/transit camp. There are 45 males, 21 females, and two children constituting the 68. According to residents, “the detainees were moved here in two buses under strong police security.”

The Central Secretary of All BTR Bengali Youth Federation, Brojogopal Sarkar spoke with the Team, and said that, “In 2014, Modi came for the Assam elections and said that he will dismantle detention camps if he comes to power. However, a permanent detention camp has been constructed here.”

As was published in Ganoshokti, a local Bengali newspaper, Nani Das, CPIM (M) leader of Goalpara District further said that, “The whole country already knows what sort of torture is afoot within these detention camps in Assam, individuals have already died in the detention camps unable to withstand such treatment.”

In 2020, during the period of the COVID pandemic lockdown, CJP had demanded that the upcoming Goalpara detention camp be turned into a medical (quarantine) center to isolate and treat those infected with the deadly corona virus.

CJP’s Assam team has been actively involved in assisting Assamese individuals, who have been wrongfully accused of being foreigners in their own country, to prove their citizenship. Over the years, the CJP’s Assam team has persevered in defending the rights of some of the state’s most marginalised citizens, regardless of ethnicity. From engaging with state authorities to ensure that quality level legal aid reaches people through the taluka and District Level Statutory Legal Authorities (DLSAs), to fighting legal battles in the Foreigner’s Tribunals, to providing Legal and Para Legal training workshops, the CJP’s Assam team has been working with the goal of assisting people in retaining their citizenship and dignity.

Related:

https://www.youtube.com/watch?v=PmcyzacKhuU

https://www.youtube.com/watch?v=is4SxmY6GMg

https://www.youtube.com/watch?v=bnnhw4gnRzY

Gauhati HC overturns FT’s order declaring a resident of Assam as Foreigner

Rescuing people from statelessness: CJP in Assam, a 2022 overview

CJP helps another hapless Muslim individual in securing bail: Gauhati HC

Floods and landslides cannot deter CJP’s Assam team

Assam man forced to prove Indian citizenship four times!

CJP’s advocacy and legal aid helps “suspected foreigner”prove his citizenship

CJP helping a daughter secure her mother’s release from Assam detention camp

CJP Impact: 34th person walks out of Assam Detention Camp

Overcoming trauma together: CJP in Assam

The post Asia’ biggest permanent “detention camp”, Matia Transit Camp, opens in Assam appeared first on SabrangIndia.

For the team at Citizens for Justice and Peace, our mission in Assam to protect and defend the rights of all Indians, also has another important goal… that of reuniting families. In this endeavour we have another tradition of honouring the bond of brothers.

In March 2020, we helped secure the release of brothers Abdur Rashid and Shamsul Ali Hoque from the Goalpara Detention Centre. Now, we have helped brothers Mahiruddin (40) and Mainuddin (45) walk out of the Tezpur detention centre.

“I had heard about CJP helping people, now I have experienced it myself. I am very grateful,” said Mainuddin after his release.

Brief background

The brothers hail from Dalgaon Khuti village, which falls under the jurisdiction of Dalgaon police station in Darrang district of Assam. They have two children each and used to drive rickshaws to put food on the table with their meager incomes. But they were served notice and declared foreigners within a year of each other and sent to the Tezpur Detention Camp.

While Mahiruddin ended up spending one year, ten months and eight days behind bars without due process, Mainuddin spent four months and seven days behind bars, before CJP came to their rescue.

“We found their names in a list of detainees provided by authorities, and learnt about the hardships faced by their wives in providing for the family,” says CJP Assam state team in-charge Nanda Ghosh.

“Both women took up work in a local factory, but the family still lived hand-to-mouth. They had so little money that they couldn’t even afford bus fare to go visit their husbands in jail,” says District Volunteer Motivator (DVM) Joinal Abedin who has been working to get the brothers released since August 1, 2021.

CJP steps in

On August 12, 2021 the CJP team comprising Ghosh, Abedin, Advocate Abhijeet Chaudhury, Dhubri District DVM Habibul Bepari and Driver Ashiqul Ali went to Tezpur Detention camp along with the brothers’ wives. They were meeting their husbands after a long time and took along with them some food, clothes and money.

“’We found that the family had moved a bail application before the Gauhati High Court, but it was stuck due to a few minor errors. So CJP helped them with the bail process. Finally, bail was granted to them by the Gauhati High Court on November 16. But we also had to arrange for bailors and ensure their documents were verified and in order. This took some time,” explains Nanda Ghosh.

After this, we started the paperwork required to be submitted before the Border Police. On November 29, 2021, Ghost, Abedin and legal team member Advocate Siddik Ali went to the office of the Superintendent of Police, Darrang (Border Branch) and completed various formalities. But the authorities put the application on hold. But on December 8, 2021 they called us saying they would bring the men from the detention camp and our team could receive them at the police station. So, Abedin, accompanied by the wives of both men, went to the police station to bring the brothers back home.

After release Mumtaz, wife of Muhuruddin expressed her gratitude for CJP saying, “It is very difficult for an unlettered person like me to understand the complicated paperwork and process required for bail. I thank CJP for helping get my husband released.”

Related:

CJP in Action: Two men released from detention camp after CJP intervention
CJP in Action: Three of a family released from Assam detention camp after four years!
Victory! Mojibor Sheikh released from Assam Detention Centre with CJP’s help

The post Two brothers released from Assam Detention Centre with CJP’s help appeared first on SabrangIndia.

In April this year, CJP had brought to you the story of Shanti Basfore, a 60-year-old Dalit woman who has been languishing behind bars at the Kokrajhar detention camp since May 2019. We had met her daughter Champa who was deeply traumatised by her mother’s incarceration. But on June 4, we finally secured Shanti’s release on conditional bail.

“My mother is finally home after two years! You have no idea what we went through during that time, wondering if she had eaten, if she had been able to sleep, what was her condition,” says a visibly relieved Champa. “I appeal to the government to ensure that no one else has to endure what we did,” she says.

While Shanti was herself deeply overwhelmed, she did manage to say a few words, “There are many others who have suffered the way I have suffered. I am grateful to CJP and I hope you will also help many others. You have my blessings.”

Brief background of the case

Shanti, a Dalit woman, hails from Ramraikuti (Part-2) village that falls under the jurisdiction of Agomani police station in Dhubri district. Her home is located only half a kilometer from the Indo-Bangladesh border, and far away from urban centers like Assam’s capital city of Guwahati that is 300 kilometers away.

Her neighbours were baffled when she was first dragged away to a detention camp. “I was born and raised in this village and have known Shanti ever since we were children,” says her neighbour Indrani Das. “Suddenly, one day police came and said she was a D-Voter. They took her away to a detention camp,” she says adding “This is ridiculous because I have known her all my life!”

Shanti’s father, Panjabi Basfore, was a permanent resident of Ward 8 that falls under Police Reserve Dhubri in the same district. He had his 1956 legacy data in his own name. But after he died, Shanti was married away when she was still in her teens to Badonlal Basfore. The couple’s names appear in the voters’ list.

A reference was made against her and in November 2017, she was served notice asking her to appear before the Foreigners’ Tribunal (FT) in Dhubri in December 2017. But owing to either ignorance or poverty, Shanti failed to appear before the FT and was declared foreigners ex parte. She was subsequently sent to the Kokrajhar detention camp.

Hussain Ali, CJP senior Community Volunteer and another one of Shanti’s neighbours explains, “I know her parents. I remember when they got married. I have known Shanti since the day she was born.” He says, “I have seen the family suffer as they ran from pillar to post organising her documents. Then they had the misfortune of hiring a lawyer who just took them for a ride.”

Challenges in securing bail

CJP faced challenges in securing bailors for Shanti Basfore. “The first time there was a minor discrepancy in how the bailors name appeared on two different documents, so that application was rejected. The second time, the bailor’s land tax clearance certificate needed to be verified, but government offices were shut due to Covid, which is why it took a long time,” explains Nanda Ghosh, CJP Assam state in-charge. The entire process took nearly two months because of this.

District Volunteer Motivator Habibul Bepari and senior Community Volunteer Hussain Ali worked hard to not only maintain constant communication with the Basfore family, but also persevered despite all obstacles in getting all paperwork in order despite the Covid induced lockdown. Ashikur Ali who doubles as our driver and photographer was also a very valuable resource during the entire ordeal.

Basfore family stays strong, CJP persists

“Our team was deeply moved by the family’s plight. After Shanti was sent to the detention camp, her son apparently could not bear the trauma and lost his mental balance. He went missing and still remains untraceable,” say Ghosh. “Meanwhile the entire family is dependent on Champa’s meagre income as a Safai Karmachari. Champa made sure her children stayed in school. Her son is in class 10 and daughter in class 12 in the Science stream,” he adds.

While on the one hand, the Basfore family’s courage inspired us, turns out our persistence also did not go unnoticed. “On the day we secured Shanti’s release, people of all religious and ethnic backgrounds from the entire panchayat held a special ritual to welcome Shanti and team CJP. It was very overwhelming,” says Ghosh.

Indrani Das says, “I remember the day the CJP team first visited Champa. Before that she was completely helpless. Nobody has done as much for the family as CJP.” She further asks, “The government is just toying with people’s lives. Are people only valuable as voters?”

Related:

CJP helping a daughter secure her mother’s release from Assam detention camp
Abba, they took away Maa: CJP reunites a mother snatched away from her children in Assam

The post Victory! Shanti Basfore released from Assam Detention Camp appeared first on SabrangIndia.

The voice of his son still rings sharp in his ears, “Abba they took away Maa!” Abdul Rezzak had just come back home from the market on May 7, 2019, incidentally the first day of Ramadan, to find a huge crowd outside his home. Turns out his wife Doyjan Bibi had been snatched away from them and thrown behind bars in an Assam detention camp!

Doyjan Bibi, daughter of Mohammed Moynak Sheikh, was a resident of Madhusailamari village (Part -ii) that falls under the jurisdiction of Gauripur police station in Dhubri district of Assam. In 1990-91, she married Abdul Rezzak and moved to his home in the same village. They had four children: two sons and two daughters. But it appears a darkness had been cast over the family’s happiness.

Doyjan Bibi’s family’s name appeared in the final National Register of Citizens (NRC) and she had all documents and yet such a fate befell her. Here are copies of her Voter’s ID, name in Voters List and Legacy Data for the NRC:

Yet a reference was made against her under the IMDT Act in 1998, following which a Foreigners’ Tribunal in Dhubri ruled against her. (F.T.C/No- FT.4/71/GPR/17, Ref. C/No. IM(D)T 806/98 – FT 4th, Dhubri)

Rezzak, who had undergone two surgeries for gallbladder was shattered at the sudden snatching away of Doyjan Bibi and remained inconsolable. He went to the Dhubri Border Branch Police Station, but due to lack of knowledge about procedures, and then the pandemic, was constrained to take things forward.

“I was harassed. Nobody listens to me. I became unstable, wondering what to do now,” Rezzak recalls the dark period.

Meanwhile, Doyjan Bibi remembers her fingerprints were taken the next morning when woke up in the Kokrajhar detention camp covered in a blanket.

“The day I was lodged in jail, I couldn’t eat or sleep. I was crying. The next day when I went to the bathroom I fell and got hurt,” recalls Doyjan Bibi, adding, “The police admitted me to the hospital, but imprisoned me again three days later.”

As the parents scrambled to make sense of what was happening to them, the family fell apart. As Rezzak was unable to work due to his illness, the elder son moved to Bangalore and began working, despite being just a child labourer who had passed his tenth standard exams, to put food on the table.

“We are poor, my brother-in-law is also not physically strong. We have spent almost 2 to 2.5 lakh rupees,” says Doyjan Bibi’s brother Ahad Ali. Doyjan didn’t even know that villagers though helped marry off her one of her daughters, “Her one daughter was married when her mother was in the Detention Camp. People donated money for the marriage,” says Ali.

But the younger children were forced to sacrifice their education. This was a big shock for Doyjan, who though uneducated herself, dreamed of educating her children.

“I was thrown behind bars without committing any crime. They stole over two years of my life,” Doyjan Bibi laments, but her greatest regret was something else, “In my absence, my children’s lives were ruined. They couldn’t complete their education!”

But the successive rulings by the Supreme Court and the Gauhati High Court related to release of inmates for decongestion of detention camps in wake of the Covid-19 pandemic, offered a ray of hope.

“At that time CJP members contacted me and told me that you don’t have to worry, don’t worry about money. We will help you,” says Rezzak about CJP Team’s support. “I saw how hard they worked, running from one government office to another to help me. They worked tirelessly for us for 20 days.”

With CJP’s help, Doyjan Bibi, now 42-years-old, was released on conditional bail and walked out of the Kokrajhar Detention Camp in Assam on May 28, 2021.

Challenges in securing Doyjan Bibi’s release

“It was really very challenging to find one person named Doyjan out of 24,000 names in that village,” says CJP Assam State In-charge Nanda Ghosh who had given the name to CJP’s Dhubrit District Volunteer Motivator Habibul Bepari. Both worked the phone lines day and night as Covid-19 had affected mobility due to the Lockdown.

Habibul Bepari, then, went to the village and found Abdul Rezzak. The challenge didn’t end there, as it was more challenging to find a bailor and have their documents verified when the Government offices were also shut due to Covid. But CJP’s Assam team soldiered on till they managed to find the documents and submitted them to the Dhubri Border Branch.

“It appears that the officers had not been briefed about changes in procedure with respect to requirement of just one bailor,” says Ghosh who persisted and took them through the latest Gauhati High Court order and ensured they started processing Doyjan Bibi’s application despite initial reluctance on their part. Finally, after the CJP team’s great effort, the paper work was done at Dhubri SP office.

“I left home early in the morning on May 28, to go to the Dhubri SP (B) office as the 160-kilometer journey requires me to cross three districts,” says Ghosh. “Then CJP office Driver cum Camera person Ashikul Ali also brought Dhubri DVM Habibul Bepari from his home in Bidyardauri village (part iii) that falls under Agomoni police station of Dhubri District, which is distance about 43 kms from the SP(B) office),” he adds. They were joined by CJP Dhubri District Legal member Advocate Ishkandar Azad who was handling the legal work for the release of Doyjan Bibi.

Race against time

“It was time to bring back Doyjan Bibi home. CJP’s car was standing by and it was 3:30 P.M. But the police escort part couldn’t arrange a car for over two hours. At 4 P.M we left for Kokrajhar jail cum detention camp. It was a race against time as according to the protocol no one can be released from jail after 5 P.M,” said Ghosh.

But despite multiple obstacles, we were finally able to secure Doyjan Bibi’s release. Though it appeared that her strength was returning as we drew closer to her home, once in her village she broke down and collapsed out of anguish and fatigue. We let her rest, but then our team faced the predicament of returning home as the Lockdown protocol prevented any transportation at night, and it was already 10 P.M.

CJP State Team Member Papiya Das then arranged for our team to stay overnight at her father’s home in Gouripur, located around 25 kilometers from Doyjan Bibi’s village.

The next day i.e on May 29, we once again went to meet Doyjan Bibi who was now feeling better and was able to tell us her story. The family thanked CJP profusely for our help during their darkest times.

Here are a few images showing how we got Doyjan Bibi released: 

Related:

CJP helps Bengali Hindu man get released from Assam Detention Camp
Father in Assam detention camp, brave daughter held the fort
CJP brings bitter-sweet conclusion to Amala Das’s ordeal

The post Abba, they took away Maa: CJP reunites a mother and her children in Assam appeared first on SabrangIndia.

On May 17, 2021, CJP helped Adhir Chandra Sarkar, a Bengali Hindu man secure conditional bail and step out of the Goalpara detention camp in Assam.

Adhir, son of Jagadish Sarkar, hails from a suburban part of Bongaigaon that falls under the jurisdiction of the Merecher police station. He used to sell Shaankha or traditional bangles made with conch-shells that married women wear. He has five children: two sons Madhab (32) and Jadab (21), and three daughters Anita (29), Sabita (26) and Suchitra (19).

Sarkar was first found to be a suspected foreigner and then declared a foreigner by a Bongaigaon Foreigners’ Tribunal. He ended up spending two years behind bars at the Goalpara detention camp. This despite the fact that he had documents to support his citizenship claim.

Some of Adhir Chandra Sarkar’s documents including name in voter’s list and NRC Legacy data may be viewed here:

His son, Madhab, who has also taken up his father’s trade in conch-shell bangles contacted his neighbour Utpal Dey who is a leader of the All Assam Bengali Suraksha Manch (AABSM) who in turn contacted CJP.

“Luckily for Sarkar, because he used to live in an urban agglomeration, everyone had Medhi Patta (land ownership document) which made it easier to put his application into process,” says CJP Assam ste in-charge Nanda Ghosh. One of Sarkar’s relatives became his bailor and he too had all his documents in order. This made the process of securing Sarkar’s release quicker.

CJP and local youth advocate Mukesh Ram got to work and with Utpal Dey’s support, on May 17, Sarkar was granted conditional bail with only one bailor in accordance with the latest Gauhati High Court order pertaining to Covid related jail decongestion.

A copy of his release order may be viewed here:

Upon his return Sarkar thanked CJP, but also expressed anguish saying, “I was in a terrible place for two years. I am grateful to CJP for helping me get released, but in a way, I am still in jail as I have to visit the local police station every week.” Weekly visit to the local police station is an important condition for bail in such cases.

His son though sounded more upbeat. “I am glad my father is back. We could only do this with CJP’s help. There are many others who either have limited funds or knowledge about getting bail and CJP is their only hope,” he said.

Related:

Father in Assam detention camp, brave daughter held the fort
CJP brings bitter-sweet conclusion to Amala Das’s ordeal
Victory! CJP helps two more Assam detention camp inmates get released on bail

The post Bengali Hindu man released from Assam Detention Camp appeared first on SabrangIndia.