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:

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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.

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

In yet another example of how sheer paranoia regarding “foreign infiltrators” has led to persecution of genuine Indian citizens in Assam, Dipak Deb, who originally hails from Tripura, was declared foreigner and was forced to spend five years behind bars in an Assam Detention Centre. But with CJP’s help, Dipak Deb was finally able to walk out of the Goalpara Detention Centre on August 25 and reunite with his ailing mother who feared she would die without meeting her son.

Deb is still traumatised by the experience he had while behind bars. “As soon as I went to the detention centre, I fell ill within a few days of being brought to the detention centre,” says Deb adding, “Then I was taken to the Goalpara hospital and Guwahati medical college also wearing handcuffs!”

Narrating yet another incident of similar humiliation of being treated like a common criminal, Deb says, “Once after that my leg became swollen and I was in severe pain, I was yet again made to wear handcuffs to be taken to the hospital. But this time I cried and said that we are not thieves or robbers, we are not criminals. We were born in this country. This is our country. We are not foreigners! Why were we being taken to hospital wearing handcuffs?” 

However, this time Deb was not alone. “Some of the other detenus also protested with me, and I was taken to hospital without handcuffs,” recalls Deb of the day he was granted a small mercy by the detention centre authorities.

Then there was the matter of the poor quality of food. “I couldn’t keep down even a mouthful and would throw up,” says Deb. “We often went on hunger strikes, but nothing would change. So, one day, we decided to fast until death,” says Deb describing how they had to resort to extreme measures to just get basic things like food. “After seven days, some of us became seriously ill. That’s when authorities started talking to us. They heard our demands and the food quality improved subsequently,” Deb recalls another small victory.

But the bigger question is, why must anyone have to face such inhuman conditions in the first place? Detention Centres are notorious for the mysterious deaths of their inmates. “The newer inmates don’t know, but those of us who had been around for years had seen several people die. We were scared,” says Deb.

A darkness overcomes Deb’s face when he recalls the death of Subhrata De, about whom we have reported previously. “I was scared that day when Subrata Dey died!  Because Subrata was healthy that day. I also talked to him but…” he trails off, leaving the haunting sentence unfinished. After a long pause, he said, “After his death, I began to wonder – will I be able to go home alive?”

Brief background of Dipak Deb’s case

45-year-old Dipak Deb is the son of Dhirendra Deb of Nadiapar village under Charaibari police station of Tripura North District, Tripura. Here’s a copy of his School Transfer certificate from Tripura.

And here’s a copy of his father’s name in the electoral rolls from 1956:

Finally, here’s a copy of Dipak Deb’s own voter ID:

A migrant labourer, he came to Assam looking for work. 15 years ago, he started working at the Guwahati Railway station canteen. He would also sell tea on the side for extra income. He lived in a rented accommodation and sent money back home to support his family.

But on November 3, 2016, Deb was arrested in connection with FT case no 791/2015 by Kamrup Metro Boarder Police of Assam, and sent to the Goalpara Detention Centre. Turns out, he was declared foreigner in an ex parte judgement by the Foreigners’ Tribunal (FT) No. 3 of Kamrup (Metro). 

CJP steps in

“We found out about him when we were helping other detainees get released on conditional bail. But this was an unusual case, because in other cases, the detainees hail from Assam, but Deb is from Tripura. So, we started by tracing his family in Tripura,” explains Nanda Ghosh, CJP Assam state team in-charge.

This wasn’t easy, but CJP managed to find and contact his family in Tripura. “The family told us that another family member, Dhruva Deb, Dipak’s brother, also lives and works in Assam. So, then we looked for and found Dhruva Deb, a painter,” says Ghosh. “We found that he had faced such economic hardships during the lockdown that he was forced to sell vegetables to feed his family. His ailing mother had also moved in with him to be close to Dipak. Her dying wish was to see Dipak at least once,” says Ghosh. But CJP has experience in this area. Earlier, we had helped Lalit Thakur, a Bihari barber who was dubbed foreigner in Assam, walk out of a detention centre.

The next challenge was finding a bailor as Deb is from another state. “CJP Legal member Senior Advocate Abhijeet Chaudhury and I began searching for a bailor. Finally, we got one and started his paperwork, says Ghosh. “It was hard to get Deb released as he is from another state. We had to visit the office of the Deputy Commissioner of Police (B), Guwahati several times. Finally, we finished all the process and he was released on August 25, 2021,” explains Ghosh.

The emotional reunion

After securing Deb’s release, we dropped him to his brother’s rental home in Guwahati’s Kenduhuri, which falls under the jurisdiction of Noonmati Police Station of Kamrup (Metro) district. 80-year-old Shefali Deb was emotionally overwhelmed to see her son after five years. She hugged him feeling relieved.

Later she also blessed the CJP team by placing her hand on our heads. “You gave me my son back. I pray to God to bless you, I give you my ashirwad,” she said. Dipak too was deeply moved to see his mother. “I’m seeing my Maa after so many years. She has become weak, but I’m so glad I could see her again,” he said. “I think I got a new life after five years,” said Dipak Deb, adding, “Thank you CJP!”

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