Yesterday, a division bench of the Gauhati HC, comprising Justices Kalyan Rai Surana and Malasri Nandi stayed her deporation taking note of the order passed by the SC on her IA in the Rajubala case. The court has also requisitioned records from the Foreigners Tribunal to examine her prayer for bail given the procedural validity of the FT declaration. In the writ petition before the HC filed last November, Ajabha Khatun’s has challenged her declaration as a foreigner by the Foreigner’s Tribunal No. 1st, Barpeta. Khatun’s case is that the tribunal had issued an ex parte order on February 8, 2019, declaring her a post-1971 foreigner, effectively stripping her of Indian citizenship. The HC has issued notice returnable on April 4, 2025 and directed the Union of India, the State of Assam, the NRC authority, and the Election Commission to respond.

Recognising the seriousness of her situation, the High Court granted temporary relief by staying her deportation, ordering that she shall not be removed from the country without an order of the high court. Her prayer for bail will be heard once the tribunal records are received.

The present order of the Ajabha Khatun’s case came after Supreme Court, through the ongoing matter of Raju Bala Das v. Union of India, where the apex court is examining the overcrowded conditions of detention camps in Assam. As part of the proceedings the issue of the deportation of those individuals declared foreigners in Assam arose. The Union government had made the (unsubstantiated) claim that 63 persons from the Matia Relief camp were in line for deportation. Citizens for Justice and Peace (CJP) has been closely monitoring the case and when it’s team found that Ajabha Khatun, whose case was still pending in the Gauhati HC also figured as number “18” on this list of 63, CJP assisted her in filing the IA before the apex court. In the order on Ajabha’s case passed by the SC, the court stated that the petitioner should seek interim relief from the High Court in her case. On February 25, 2025, it was on the basis of this order that the deportation was stayed yesterday.

Details of the Gauhati High Court proceedings and immediate relief

Thereafter, on March 3, 2025, the Gauhati High Court took cognisance of her pending writ petition challenging the tribunal’s decision that had declared her foreigner. A division bench comprising Justices Kalyan Rai Surana and Malasri Nandi issued a notice returnable on  April 4, 2025, directing the Union of India, the State of Assam, the NRC authority, and the Election Commission to respond. The court also requisitioned relevant records from the Foreigners Tribunal to further decide the case.

The court has also ordered the requisition of relevant records from the Foreigners Tribunal that have been challenged by Ajabha Khatun with legal aid assistance from CJP.  Given that the writ petition has challenged the declaration of Ajabha Khatun as not Indian”, and prayed for her release on bail, the procedural or substantive lapses in the FT order will now be considered by the High Court. Counsel Mrinmoy Dutta appeared for the petitioner.

The petitioner is currently detained at Matia Transit Camp in Goalpara. A crucial relief granted to the petitioner is the court’s order that she shall not be deported from the country without the court’s explicit permission, while her prayer for bail and release from the relief camp is pending hearing. Yesterday’s order ensures that she is not removed from India before the matter is fully adjudicated.

The order may be read here.

Supreme Court proceedings in the Raju Bala Das Case

Ajabha Khatun’s case is part of a broader legal challenge against arbitrary detentions of individuals declared foreigners by Foreigners Tribunals in Assam. On February 25, 2025, Khatun, with assistance from Citizens for Justice and Peace (CJP), sought impleadment as a party petitioner in the Supreme Court case of Raju Bala Das v. Union of India.

During this hearing, senior advocate Aparna Bhat argued that since Khatun’s challenge to the tribunal’s order was still pending before the High Court, any deportation order against her would be legally untenable. Deportation without exhausting legal remedies would constitute a grave miscarriage of justice, particularly given the procedural and evidentiary flaws in the tribunal’s decision.

The Supreme Court bench, comprising Justices Abhay Oka and Ujjal Bhuyan, acknowledged that her case was still under judicial consideration at the High Court level. While the Supreme Court declined to grant interim relief, it instructed her counsel to seek appropriate orders from the High Court.

In the ongoing Raju Bala Das case, the Assam government had been directed to submit a comprehensive list of individuals facing deportation by March 17, 2025. During previous hearings, the state argued that 63 detainees, including Khatun, were foreigners and should be deported. However, when questioned by the Supreme Court on February 4, 2025 about their country of origin, the Assam government failed to provide concrete proof which is why they have been asked to file further affidavits.

Denial of fundamental rights and legal violations

Ajabha Khatun’s case demonstrates the systematic denial of fundamental rights in Assam’s Foreigners Tribunal system. Her ordeal began in 1997, when the Electoral Registration Officer (ERO) for the Barpeta Assembly Constituency raised doubts about her citizenship and referred her case to the Superintendent of Police (SP), Barpeta, under the Illegal Migrants (Determination by Tribunals) Act, 1983, later subsumed under the Foreigners Act, 1946.

The tribunal ultimately declared her a foreigner in 2019, but she was only arrested in September 2024. CJP subsequently assisted her in filing an appeal before the Gauhati High Court. Her case resurfaced when the state submitted an affidavit in the Raju Bala Das case, listing her as one of the 63 detainees marked for deportation.

Her citizenship has been in question for over two decades, during which her fundamental rights have been severely curtailed:

• Since 1997, she has been denied the right to vote, as her name was arbitrarily struck from electoral rolls without justification.
• The Foreigners Tribunal disregarded evidence such as voter rolls featuring her father, husband, and herself.
• The burden of proof was misapplied, and her father’s testimony confirming her identity was ignored.

Beyond procedural violations, her indefinite detention at Matia Transit Camp amounts to a grave infringement of her right to life and personal liberty under Article 21 of the Constitution. She remains confined without a criminal charge, in deplorable conditions that the Supreme Court has previously criticised. Her right to equality under Article 14 is also at stake, as citizenship determination processes in Assam disproportionately target the state’s most marginalised sections.

Her detailed story may be read here.

Related:

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Ajabha Khatun, among the 63 facing detention in Assam, seeks Supreme Court intervention, emphasis on pending legal remedies

Looking back at 2024: Constitutional Court rulings that undermine justice and accountability

Hate speech allegations on the campaign trail: CJP Files complaints with State EC against Assam CM Himanta Biswa Sarma’s Jharkhand remarks

The post Gauhati HC stays deportation of Ajabha Khatun, seeks Tribunal records for review of FT’s order declaring her foreigner appeared first on SabrangIndia.

Last week, CJP’s Assam state in-charge Nanda Ghosh, along with Advocate Dewan Abdur Rahim, delivered the judgment copy to Sarathi’s doorstep. Overwhelmed by emotion, Sarathi expressed her deep gratitude: “You are the true friends of the poor,” she said, her voice trembling. “We, uneducated labourers and farmers, now have hope of proving our citizenship.”

With tears in her eyes, Sarathi added, “It feels like a sin to be Bengali here. Bengali-speaking Hindus and Muslims have lived together for generations, yet we are constantly branded as Bangladeshis.”

This case highlights not just one woman’s fight for recognition, but the broader issue of disenfranchisement faced by marginalised communities in Assam.

The journey of Sarathi Arjya

Sarathi Arjya’s story begins in Daranga No. 2, a small village in Assam’s Chirang district, where she was born in 1972 to Subal Chandra Das and Rani Bala Das. Growing up in a large family with ten siblings, Sarathi was raised on values of hard work and compassion by her father, a respected member of the community. Her mother’s warmth and guidance shaped her aspirations, while her grandfather, Debendra Chandra Arjya, left a legacy of kindness and integrity that deeply influenced her.

In 1988, Sarathi married Chandra Kumar Arjya, and together they built a life in Jaraguri Part-1 and Jamdoha village, raising six children. Known for her generosity and strong sense of community, Sarathi became a beloved figure in her neighbourhood. But despite her deep roots in India, her citizenship came under question—an experience all too familiar for many Bengali-speaking families in Assam.

Beyond her personal story, Sarathi’s battle was one of asserting her right to Indian citizenship. A regular voter, she took pride in exercising this fundamental right, knowing her voice mattered. Her family’s deep roots in India are reflected in voter lists from 1966, 1989, 1997, 2005, and 2021, which include her grandfather, father, mother, and uncle – testaments to their Indian citizenship. However, the state’s increasing – and often motivated and selective – scrutiny of citizenship, often targeting Bengali-speaking Hindus and Muslims, brought her under the radar. While clerical errors may have resulted in slight discrepancies in names and ages, their identity as Indian citizens remained clear.

Proving Sarathi’s citizenship

Sarathi’s citizenship is backed by a series of robust documents. Her father, Subal Chandra Arjya, affirmed his citizenship in an affidavit in 1993, and Sarathi’s name appears alongside her parents and brothers in voter lists from 1989, 1997, 2005, and 2021, in their home village of Daranga No. 2. After her marriage, Sarathi’s name was listed in voter rolls for Jaraguri Part-1 in 1997, 2016, and 2021. She also holds an Elector Photo Identity Card (No. JGY0006632, issued in 2015), casting votes consistently—an act that reaffirms her citizenship.

Despite the occasional clerical errors in names or ages across documents, Sarathi’s identity as an Indian citizen remained steadfast. The combination of voter lists, her Elector Photo Identity Card, and other official documents paint an irrefutable picture of her citizenship.

The legal battle

Sarathi’s case was marred by false allegations. The investigating officer (IO) submitted a fabricated inquiry report without conducting any real investigation. He never visited Sarathi’s house, nor did he speak to the witnesses listed in the report. Instead, he falsely recorded statements without any actual interrogation. The inquiry report—full of inaccuracies and fabrications—labelled Sarathi as a foreigner without any solid evidence.

Despite the lack of due process, Sarathi was forced to defend her citizenship. Sarathi vehemently denied all the charges in the inquiry report. The IO failed to submit any substantial documents, such as passports or records, to prove that she was a foreign national. Moreover, Sarathi never had the opportunity to provide a formal statement, and the case had long exceeded the statute of limitations. Registered in 2009, she only received notice in 2021—12 years later. This delay made the case legally invalid, but it still took a long and gruelling court battle to prove her innocence.

Sarathi Arjya with CJP Team Assam state in-charge Nanda Ghosh, along with Advocate Dewan Abdur Rahim

Thanks to the relentless efforts of CJP’s legal team and their meticulous documentation, Sarathi was finally declared an Indian citizen.

The broader struggle

For many in Assam’s Bongaigaon district, especially Bengali-speaking communities, Sarathi’s case is a reflection of a much larger struggle. The villages of Jamdoha and Jaraguri are predominantly agricultural, but recurring floods from the Aie river wreak havoc on their lives. Many families have been living by the roadside for over five years after their homes were destroyed by floods. The COVID-19 pandemic only worsened their plight, making it difficult for displaced families to rebuild their lives.

Amidst these struggles, a new wave of harassment came during the pandemic when Bengali-speaking women, especially those from Scheduled Caste communities, began receiving notices from the Foreigners Tribunal (FT), labelling them “suspected foreigners.” Sarathi was one of those women. Without CJP’s intervention, she may have been wrongfully declared stateless, a fate that has befallen many others.

CJP has been tirelessly fighting for the rights of these marginalised communities for over seven years. The organisation continues to defend those targeted by discriminatory practices, working not only through legal channels but also by providing social support to those who need it most. The fight for justice, dignity, and citizenship is far from over.

Related:

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

The post CJP Victory! Sarathi Arjya declared Indian after 3-year long battle appeared first on SabrangIndia.

CJP’s 2023 Assam Story

End 2022 early 2023

The case of 68 year-old Ajibun Nessa was referred by the S.I. (Border) of Goalpara district in Assam. The officer, who suspected Ajibun Nessa of being a foreigner did so simply because she failed to present any documents during the “spot inquiry.” Following this, (without further probe or giving her any chance to make her case), the S.I. (Border) sent her case to Goalpara’s superintendent of police (Border). The S.P. (Border) then submitted the case to the IM (D) T Tribunal for further opinion. Due to the IM (D) T Tribunal (Act) being struck down, this case was referred to Goalpara Foreigners Tribunal No. 2 of case nos. GFT-2/764/22 and GFT-2/765/22, and a notice was issued to Ajibun Nessa.

The charge against victim Ajibun Nessa was that she unlawfully entered India between January 1, 1966 and March 24, 1971 or after March 25, 1971, and has been living there ever since, although this was completely incorrect and unsubstantiated. Even though, Ajibun, her father Abdul Sheikh, and her grandfather Rahamatulla were all born in the village Dabpara (Revenue village- Karipara Part 3) in Matia Revenue circle, District Goalpara, Assam, India. She was born and raised in the village of Dabpara (Revenue village- Karipara Part 3) in the Matia Revenue circle of the district of Goalpara, Assam. She also hails from the Goriya Muslim community and has already been identified as the “khilonjia,” or the Assam’s original inhabitants.

 CJP’s advocates submitted Ajibun’s written statement, along with the NRC list of 1951 that contained the name of her father, grandmother, and step mother before the Foreigner’s Tribunal. The CJP legal team further submitted a purchase deed dated May 6, 1954 and a copy of Khatian of Tea Estate dated November 29, 1961, both of which were in the name of her father, along with a certified copy of the voter list of the years 1966, 1971, 1979, 1985, 1997, and others necessary documents. All voters lists since 1966 record and show that Ajibun’s father, Abdul Shaikh was a registered and legitimate voter. Ajibun’s father’s name is Abdul Sheikh Rahmatulla and her mother’s name is Motijan Bewa. She stated, through CJP’s legal assistance at the Tribunal that her parents names are enlisted in the voter’s list of 1966, 1970, 1979 & 1985. Ajibun married one Abjel Ali S / O- Tofik Sheikh of Village- Bamunpara. P.S. Matia, Dist. Goalpara, Assam about 47 years ago and thereafter, her name is first time enlisted in the voter list of 1979 along with her husband as Ajibun Nessa W/o- Abjel of the 37th  Goalpara East L.A.C. in the voters list. Her elder brother, Amzed Ali, son of Abdul Shaikh Rahmatulla also deposed that Ajibun was his younger sister.

In addition, as Exhibits, CJP’s lawyers annexed the Karipara Gaon Panchayat’s Linkage (Police Station Matia, district Goalpara) Certificate that recorded that Ajibun is the daughter of Abdul Shaikh. This certificate has been signed by Secretary Karipara, Gaon Panchayat and countersigned by BDO, Matia Development Block. This was accepted by the FT as a Linkage document. Annexed also is Ajibun’s own PAN Card which was accepted by the FT as a supporting document. The Voter’s Lists of 1979 and 1985 that reflect Ajibun’s own presence as a registered voter were accepted as evidence after the copies were verified with a certified copy of the original. One set of documents established her father, Abdul Shaikh’s legitimate Indian Citizenship, witnesses and the linkage certificate established hers, Ajibun as in fact as the daughter of Abdul Shaikh and then finally her own documents of identity established her as Ajibun who is an Indian Citizen. After two months of hard work put in by the CJP Team, Ajibun Nessa being declared an Indian citizen, in a relatively short amount of time. After six years of gruelling work creating para legal history and jurisprudence, CJP’s legal and paralegal team have been consistent in the quality of evidence they produce, Written Statements (WS) submitted and witnesses produced.

This order was passed on December 29, 2022 and copies made available some months later.

The order may be read here:

February 2023

Ramila Begum

With Ramila’s parents and grandparents both born in the Jotsorobdi village, Goalpara (now under the Krishnai police station in Assam, both her parents and grandparents were and are citizens by birth. She also belongs to the Goriya community, which has been designated by the Assam government’s cabinet as an indigenous Muslim community. Yet a person like her, unassailingly Indian, still received the dreaded notice from a Foreigner’s Tribunal (FT).  Deeply distressed, she approached and received assistance from CJP’s paralegal and legal team in Assam. Advocate Ashim Mubarak of the CJP legal team handled this case before the FT. The notice asking her to prove her citizenship was received by Ramila, her husband and step-son too.

Ramila’ parents, Late Kofur Ali @ Fokir Ali Sheikh and Late Kosiron Bibi, were from the Jotsorobdi village in Goalpara district, now under the Krishnai police station in Assam, India. Her parents and grandparents were both born and raised in the same village, which meant that her parents and grandparents were all Indian citizens by birth.

Ramila married Jhanuddin Sheikh of village Milannagar Santipur, Borpahar, Goalpara district, on September 9, 1990, after her father passed away. Her name was then added to the voter lists for the years 1997, 2005, 2017, 2021, and 2022, along with her husband’s. Then began the rigorous battle to establish that she was Indian as under the Foreigners Order, 1964 arising out of the 1946 Foreigner’s Act the onus of burden of proof is on the individual, not the state making the accusation!

The accusation levelled against victim Ramila Begum is that she had illegally entered India. CJP’s legal intervention in the form of Written Statements, annexures of adequate documents and arguments established how the accusation was without foundation. We proved that the Investigation Officer (IO) had neither visited Ramila’s home nor even bothered to request any documents as proof of her citizenship and nationality. In sum, the IO did not conduct a fair investigation of the claims levied against her, and had falsely submitted a case against Ramila, without carrying out a proper inquiry or investigation.

In the eight months that her case was heard in 2023, CJP’s legal team presented to the Tribunal land deeds from 1965 and 1996, which were registered in the names of her father and uncle. Furthermore, it was established that the names of Ramila’s parents appear in the voter list, beginning from 1966, and after the death of her father, the name of her mother appears in the voter list from 1989 onwards.  Ramila also presented a linkage certificate issued on June 19, 2015 before the tribunal.

All these documents – that the IO should have examined without vicariously issuing notice and submitting hapless Ramila to the tortuous procedure before a Tribunal – were adequately presented and after eight months of hard work by the CJP team, Ramila has finally been declared an Indian citizen by the FT.

While the above narrative sounds simple and logical, a perusal of the six page order of the FT that list as many as 14 annexures that the CJP Legal Team submitted in the case to ensure successful determination tells its own tale. These included the land deeds in the name of her father and uncle, five separate copies from 1997, 2005, 2017, 2021, and 2022 of Voters Lists that find the name of her parents and husband and herself; death certificates of her parents, her marriage certificate, the linkage certificate in the form of the Village Panchayat/elders sworn affidavit proving her to be the progeny of her parents. The Secretary of the Manikpur Bhelakhamar Gaon Panchayat was also examined before the FT when the Kazi certificate on Ramila’s marriage to Jhanuddin was not found to be clear. Several of her family and extended family members were also examined in the demanding process.

The Order was delivered on February 2, 2023.

The Order may be read here:

February 2023

Hajema Khatun

Forty-seven years ago, Hajema Khatun was born in 1977 and was a resident of Garugaon Part-I village formerly part of undivided Goalpara and is now located in Bongaigaon District. She grew up in the same village and later married Julfikar Ali, settling with her husband and his family in Dankinamari village, Bongaigaon district. Hajema’s father passed away on May 20, 2017, while her mother, Jafiran Nessa (also known as Jafiran Begum) is believed to have passed away around the year 2014.

Distressed like many victims of the citizenship crisis in Assam, Hajema and her family turned to the CJP’s team in Assam for assistance. The case against Hajema Khatun was registered in 2007, but Hajema received notice of it only in 2020, after a lapse of 13 years, thereby exceeding the legal time limit for investigation. This unjust delay added to the already arduous journey for Hajema and her family.

The investigating officer (IO) responsible for the case submitted an inquiry report that were filled with falsehoods and unfounded claims against Hajema. Shockingly, the IO had, prior to this, failed to conduct a proper investigation and never even visited Hajema’s home or the residences of the alleged witnesses mentioned in the report. This lack of due diligence resulted in the inclusion of fabricated statements from Hajema and the supposed witnesses, painting an inaccurate picture of the case.

Furthermore, the IO failed to either seize or submit –before the Tribunal–any supporting documents, including passports or other relevant paperwork, to substantiate the claim that Hajema was a foreign national. The investigation process was marred by serious procedural flaws, with the IO neglecting to obtain a statement from Hajema herself and failing to issue any notices or provide an opportunity for her to prove her citizenship.

The crux of the legal battle in Hajema Khatun’s case revolves around her claim to be the daughter of the late Hazrat Ali Sheikh and Jafiran Nessa, and her assertion of Indian citizenship.  Hajema Khatun’s argument rests on the premise that her grandparents, Saraddin Sheikh and Sokina Bibi, were Indian citizens, and therefore, she too is entitled to Indian citizenship. The voter lists that the CJP team annexed with her Written Submissions (WS) prove that her grandparents were registered voters in the past, further bolstering her claim. Additionally, the land records from Garugaon demonstrate ownership of property by her father, Hazrat Ali Sheikh, affirming his Indian citizenship and establishing his relationship as her parent.

Besides this already sufficient proof, Hajema Khatun has also submitted various identity documents such as voter identity cards and a ration card, which serve as evidence of her own existence as an Indian citizen. These documents, along with the next of kin certificate, validate her relationship to Hazrat Ali Sheikh as his daughter.

 The historical records of Khatun’s family played a crucial role in shaping the court’s decision. Moreover, Hajema Khatun’s active participation in Indian electoral proceedings, alongside her husband, underscored her citizenship and integration into the democratic process. Finally after looking at all the evidence, annexures and witness statements the Tribunal found the evidence in favour of Khatun’s citizenship compelling and conclusive. Advocate Dewan Andur Rahim, and Advocate Sahidur Rahman appeared for Halima Khatun with the long-awaited FT judgement copy.

The Order was passed February 3, 2023.

A copy of the Order may be read here:

February 2023

Sukur Ali

In the first quarter of 2022, CJP’s team Assam was informed through its wide community volunteer network of the notices received by Sukur Ali, a citizen and voter of India, from the Bongaigaon Foreigners Tribunal. Bongaigaon is a district of Assam located north-west of Guwahati. His was a family living in acute economic distress with a mother with a severe disability. CJP took up the case.

How and why did the FT at Bongaigaon serve this notice? Without any proper investigation, an ‘inquiry report was submitted” to the tribunal wrongly alleging that  that Sukur Ali of the Bongaigaon district of Assam was a migrant (read “suspected foreigner”) from Bangladesh. Ironically this report was arbitrarily written without the investigating officer even visiting the home of Sukur Ali. Neither did he visit the home of any village “witnesses” or submit any supportive documents that would support the fallacious inquiry’s claims. As has not become a routine practice with the Assam Border police, the IO had therefore falsely written/recorded the statements of the opposite party and the so-called ‘witnesses’, without even questioning them, submitting a false inquiry report.

Sukur and his story is a fitting example of those Indians who are oppressed by state functionaries. Sukur, born and brought up in India, was the only son of Abdul Jalil @ Abdul Jalil Sheikh and Majiran Nessa @ Majiran Bewa. He was born in the village of Kawadi No. 2 (Sonaikhola) under the Manikpur police station of the Bongaigaon district in 1981. He grew up in the same village. Notably, Sukur is also a regular voter. It was only after careful verification and investigation that the Election Officer of the concerned area recorded/enrolled his name in the Electoral Roll. Since, only Indian citizens can have their names added to the electoral roll, no doubt should even have arisen regarding his citizenship. Additionally, his parents and grandparents are both Indian citizens, thus, making him an Indian citizen by birth.

Presenting Sukur Ali’s case, CJP’s legal team presented hard data to show that Sukur is Indian by birth with his name contained in the 1951 NRC. Besides, the name of Sukur Ali’s late father, Abdul Jalil Sheikh, was also present on the 1966 voters list. Additionally, Sukur’s mother was still a voter (in 2022 when we got the case). When it came to land documents, however, there appeared to be some sort of family feud. Despite the fact that they had some land documents, one of Shukur’s relatives had taken possession of all of them and had refused to part with them. After enlisting local community support on this issue, the team began with the process of arranging for a bailor. This is because, according to the rules of the Bongaigaon Foreigners Tribunal, a bailor is required for the preliminary level hearing of FT cases. After locating a bailor with a request for his own documents, CJP worked with the village community to ensure that Sukur Ali was provided with local, moral support during the proceedings.

Such rigorous and seemingly extraneous community level paralegal work is required since often unexpected issues and hurdles crop up at the Foreigners Tribunal hearing stage. Otherwise legally unacceptable terms like ‘projected father’ or ‘projected mother’ are used by authorities including in orders of the FTs. If the process if not monitored with legal acumen, diligence and honesty, for differences/changes in small spelling errors or date differences, a person can be unilaterally declared a foreigner!

CJP’s legal team had to prepare a competent and comprehensive written statement. Here we were confronted with the (change in name) of Sukur Ali’s mother after the death of her husband from ‘Majiram Nessa Khatun’ to ‘Majiram Nessa Bewa” a practice within the local Muslim community. This had to be established and explained thoroughly in the Written Statement before the Tribunal.

Finally in the WS (Written statement) submitted, the legal team enunciated the case clearly, “The IO of the case did not seize and submit any documents, such as the passport or any other relevant documents, along with an inquiry report to substantiate their claims of the opposite party (Sukur) being a foreign national.” Moreover the WS clarified that in this case, the IO never recorded any statement from the opposite party (Sukur). “Thus, it would not be a reach to say that the names of the witnesses tagged with the case record are nothing, but an attempt to build a false case against the opposite party.” It was also pointed out that during the time of investigation the I/O of this instant case had not even issued any notice to the opposite party for appearance or produced any documents to prove the citizenship of the opposite party, as is the due process of law.

Finally, within a year, and hard untiring work by the CJP legal team, Sukur Ali was declared Indian.

The Order was delivered on February 16, 2023.

The Order may be read here:

March 2023

Usman Ali

Despite the prevalent notion in law of res judicata (the principle that a cause of action may not be re-litigated once it has been judged on the merits), no just norm or law applies to the hapless marginalised communities in Assam. After being a “suspected foreigner” and then “declared Indian by the Foreigners’ Tribunal (FT) way back in 1999 after he had all the necessary documents— again in 2018 two more separate cases were filed against him all over again. First in the year of 1997 when an IM(D)T[1] case was registered against Usman, simply based on “doubts” Usman dug his heels in, fought for and finally, received justice. After a thorough examination of his and his father’s documents, the Foreigners’ Tribunal (FT) of Goalpara district dismissed the case against him in 1999, and the tag of illegal migrant was removed.

“Jorimuddin Sheikh, father of Usman was listed in SL no 1 in village Khariabari under the PS Bijni as per the NRC of 1951,” the Tribunal stated clearly in the order copy. The Tribunal also discovered that his father’s name was recorded under the 42 Abhayapuri LAC in the 1966 voter list. As a result, the issue of illegal migration or those who arrived in India after March 25, 1971 does not arise. That was the earlier Order in 1999. But his ordeal did not end there. Again, in 2017, 18 years later, he was again sent a notice via the border of the local police station to prove his citizenship once more. Two identical cases were filed against him, with the case numbers BNGN/FT/CASE NO. 1396/09 and BNGN/FT/CASE NO. 51/10.

The legal issue –left unanswered – can the tribunal send a man a suspect foreigner notice even after he has been declared an Indian not once, but twice by the same agency, the FT? Is it only in Assam that an Indian, a Muslim who was declared Indian by a Tribunal in 1999, be condemned as an illegal immigrant/foreigner and tested three times? Under the guise of the Assam citizenship test, the Assam Foreigners Tribunal and border police continue to follow arbitrary mal-practice targeting the innocent and marginalized, affecting their right to life (Article 21) with equilibrium and without repeated harassment, equality before the law (Article 14) and a life without discrimination (Article 15). Pertinently who will provide reparation (compensation) for the 24 years, two dozen years, of continual harassment by the State?

Hence, Usman Ali, a daily wager, has had to go through the arduous process of the Foreigner Tribunal no less than three times in Assam. A daily wage earner, he was born in the village of Barbakhra, which was then part of the Bijni Police Station and is now part of the Bongaigaon district’s Manikpur. Jorimuddin Sheikh, his father, was also a son of this soil. Jorimuddin Sheikh’s name had even appeared in the 1951 NRC. However, in later years, his name was recorded – as often happens in a bureaucratic slip in spelling – as Joshimuddin, Joshi, or Josim Sheikh. Determined to fight, he did and then with the help of his family, he was for the second time in his life, he was recognised as an Indian in his own country in the year 2017.

Then came the third blow! In May 2022, Usman was, for the third time, accused of being a suspected foreigner. In the inquiry report filed in his case, the investigating officer of the case had, without even looking into the previous back ground and speaking order of the FT in 1999, without therefore properly investigating the case, falsely alleged that he is from East Pakistan (Bangladesh). While doing so, the I/O of the case never once visited his home or the homes of the so-called witnesses, as mentioned in the inquiry report.

The I/O had simply and falsely written/recorded the opposite party’s and so-called witnesses’ statements without questioning them, and then proceeded to submit a false inquiry report. Arbitrary action? It was then that Usman then contacted the ground team of the Citizens for Justice and Peace (CJP) team, working tirelessly in 19 districts. He explained his case: that this foreigner notice is the third such notice that he has received, and he has dealt with this twice in the past too.

In the arguments made before the FT, a member of our CJP legal team stated unequivocally that Usman is Indian by birth. According to the written statement (WS) submitted, it was mentioned that “The I/O of the case did not seize and submit any documents, passport or any other documents along with inquiry report in connection with the above-mentioned case to prove the opposite party as a foreign national.” To substantiate that the case’s I/O submitted a false inquiry report against the opposing party, the CJP legal team highlighted that in the inquiry report, the I/O of the case did not disclose the interrogation report or the address of the foreign national. It was further provided that the I/O seized no documents from the opposing party that could be used to prove that the opposing party is a foreign national.

The CJP’s legal team also emphasised in their arguments that the I.O. in this case never accepted any statement from the opposing party (OP that is Usman Ali). The names of the witnesses attached to the case record served the purpose of only making a false case against the opposing party. During the investigation, the I.O. of this case did not issue any notice to the opposing party to appear or show any documents to prove the opposing party’s citizenship as required by law. After these elaborate and substantive submissions, CJP has now been able to claim Usman’s citizenship for the third time.

[1]The Illegal Migrants (Determination by Tribunals) Act, 1983 was a legislative attempt to correct the rapacious test of citizenship in force under the Foreigners Order of 1964 and the Foreigners Act, 1946 but was struck down by the Supreme Court in Sarbanda Sonowal v/s Union of India in 2005.

The Order may be read here:

March 23, 2023

Anowara Khatun born and brought up in the village of Nagajan under Kharupetia Police Station, Darrang District, Assam had to face an eight month long process before the Foreigner Tribunal of Darrang. She had all the documents, even her father and forefathers names were in the voter list of 1966, 1971 and 1989. However, due to a small error in her father’s name led her into the clutches of the legal citizenship imbroglio. CJP’s legal team member Advocate Abdul Hai and DVM of Darrang District Joinal Abedin worked intensely to collate and produce documents along with her existing family members, namely her brothers, as witnesses. Misspelt names and having to move due to soil erosion nearly left Anowara Khatoon stateless.

Anowara Khatoon, a resident of Assam who had been unjustly served a notice and accused of being a foreigner by a Foreigners’ Tribunal (FT) in Darrang District, was born and brought up in the village of Nagajan under Kharupetia Police Station, Darrang District, Assam, Anowara’s journey to reclaim her identity has been long and arduous. She comes from an impoverished household, and she and her family have no socioeconomic resources. Her husband earns a living as a cart driver. Her father, Asaruddin Deu, cast his vote in 1966 and 1970. Her mother’s name is Moiful Nessa, and she passed away a while ago. In 1988, due to the erosion of their original village, Satrakanara, by the Brahmaputra River, Asaruddin Deu and his family were forced to relocate to Nagajan, where they have since settled permanently. Anowara and her family have been residing there and participated in the 1989 elections as legitimate voters.

Anowara, along with her own substantial set of documents, including the 1997 voter list, Aadhaar card, and land documents, submitted everything she had to prove her Indian citizenship. When she received notice of being a suspected foreigner, Anowara was stunned and in shock; she could not eat or sleep for days. Being economically and socially disadvantaged, Anowara sought legal representation after receiving the notice from the Foreigners’ Tribunal. CJP’s legal team presented a robust case based on documents of Anorwar’s parents as well as grandfather, along with other evidence they had painstakingly collected in the FT. CJP also facilitated evidence of two brothers of Anowara’s who took to the stand and testify as witnesses for her.

To disprove allegations of being a suspected foreigner, there was a hurdle. Her father’s name was registered differently in the voting lists of two different regions. Due to climate change, the river Brahmaputra is prone to floods. The river, when it shifts its course, often submerges existing villages and settlements. This presents a huge hurdle for people in Assam, because for the residents of the erstwhile submerged village, their village has sunk underwater. Several people every year are erroneously relegated as suspected foreigners due to this reason. Another hurdle was that Anowara’s father’s name was spelt differently in two voter lists. The difference between Asudeu and Assaruddin Deu that seems to be nothing more than a spelling mistake due to local dialects as well as due as a variation that often arises in documents due to haste and bureaucratic slips, even illiteracy. Often when making documents, especially in Assam, people who have no education depend on an officer or a bureaucrat in charge to spell and write out their name. This exercise, if performed mechanically or even indifferently, with no cross-checking with previous records can cause such bloomers: the same person gets a document with a changed spelling of their name, such as in the case of Anowar Khatoon’s father. This small error can cause someone to become potentially stateless. Women, as well as other marginalised communities, have been disproportionately affected by the citizenship crisis, and due to a lack of resources, have to face the brunt of the process, despite having documents to prove their residence in India since their birth.

Thereby, not only are Asudeu and Assaruddin Deu (as proven in the FT judgment later) one and the same person, given the presence of his name in 1966, 1971 and 1989 Voters Lists of the state, but moreover, he was not an illegal immigrant. Besides the legitimacy and presence of the mother of Anowara, Moiful Nessa in 1989 and 1997 Voters’ Lists irrefutably established her to be the daughter of legitimate citizens whose names were in the voting lists, and hence claims by the Assam Border Police in the notice that she was an illegal immigrant were categorically disproved. Based on this, the Foreigner Tribunal Darrang Mangaldai has held Anowara Khatoon to be an Indian rejecting the claims in the reference case made out by the Border Police.

Both issues presented a challenge to CJP’s legal team. Therefore, the legal team laboured intensively to produce documents along with her existing family members, namely her brothers, as witnesses. The team showed voter lists with Anowara’s parents’ names in them from multiple years and argued that her father initially resided in Baghbar but later relocated to the Darrang District. To substantiate her assertion regarding the citizenship status of her parents, the team presented voter lists from 1966 and 1970, respectively. These lists featured Anowar’s father’s name as Asudeu. Additionally, a copy of the 1989 voter list includes the name of Asaruddin Deo as a registered voter. The legal team argued that Asudeu and Asaruddin are one and the same. Upon comparing the 1966 and 1970 voter lists with the 1989 voter list, it was concluded that despite the difference in names, Asudeu and Asoruddin Deu this is the father of Anowara, much to her relief.

The Order was passed on March 23, 2023

The Order may be read here:

April 2023

Omesha Bibi

Omesha was born and brought up in the West Garo Hills, Meghalaya about 55 years ago. She

Is the daughter of Sopial Sheikh and Saleha bibi. On April 15, 1983, she got married to Mojaffar

Hosen, son of late Naibulla Sheikh of Village Dharai under Lakhipur police station Goalpara

Of Assam. Since then she has been a resident of Assam. However, she was served the Foreigner Notice for being a suspected foreigner. The case erroneously filed by the Assam Border Police relates in 2009, Omesha Bibi however received a notice from the FT at Goalpara in 2022 and heard in 2023. The Order declaring her an Indian was passed on April 10, 2023 and copies made available on May 6 of last year.

What did the arduous process entail? For CJP’s paralegal and legal team it meant counselling Omesha Bibi and her family, assisting in the collection of over two dozen documents, preparing a Written Statement (WS) and making oral submissions before the FT. Advocate Ashim Mobarak from CJP’s team appeared in the case.

Omesha Bibi’s story, like all others in Assam, is unique. Omesha with the legal assistance of the CJP team established that her grandparent’s name were L.t. Asmatulla Sheikh and L.t. Sakila Khatun @ Sakila Bibi and parent’s name are L.t. Sopial Sheikh @ Sofial Sk @ Sofial Saikh @ Sofiar Rohman @ Sofial Seikh and Saleha Bibi. That, her father has been recorded in the NRC of 1951 of Village Takimari under Lakhipur police station in the Goalpara district of Assam. As in many of the cases who’s citizenship has been unjustly targeted by the state, it was only due to the natural calamity caused by erosion of the Brahmaputra that her grandfather along with father had been shifted in to the village of Haribhanga in the village of Takimari that is within the Phulbari police station area of Meghalaya in the West Garo Hills.

Born here, Omesha Bibi got married to Mojaffar Hosen, son of Naibulla Sheikh of the Dharai village in the Goalpara district of her Assam and her name, along with her husband’s is even recorded in the voter list of 1985,1997,2005,2015 & 2021.

In the course of the hearing and submissions that include the WS of Omesha Bibi had to, with CJP’s assistance ensure that her mother, Saleha appeared as a witness to establish that she, Saleha, wife of Sofial Sheikh from Haribhanga village of Meghalaya was in fact Omesha’s mother and that the latter was brought up by her mother and father, after which she got married to Mojaffar Hosen, son of Naibulla Sheikh of Goalpara, Assam. The mother steadfastly denied and proved that her daughter was not a foreigner who had come to India from Bangladesh after 1971. Her brother, namely Abdul Salam Sheikh, also from Meghalaya had to appear as defence witness who had to depose and assert that Omesha was in fact his younger sister, born to the family living in Meghalaya and denied the allegation that she was from Bangladesh. Another defence witness was Mantaz Ali, from Dhubri, Assam, who testified on Omesha Bibi’s marriage to Hasen, son of Nayeruddin of Dharai village and also verified the Kabin Nama, which is the marriage certificate with signature of the Kazi that was also annexed. One Jel Haq Fesku Sorkar from Haribhanga Village in Meghalaya was also brought in by CJP as defence witness for Omesha Bibi to prove the Gaon Bara Certificate that was issued by him and carried his signature. Finally, a defence witness, Kamala Kantra Ray from Dhubri in Assam was brought in to establish and prove the land deed recorded in possession in January 18, 1962 (Khaitan) that proves that Omesha Bibi’s father Asmatullah  Shaikh had land (3 bigha, 3 katha, 3 lecha) here before the flooding of the Brahmaputra and shift of residence to Meghalaya.

The order records the facts and background of the case and how, while the names of Omesha Bibi’s father and grandfather figure in the 1951 NRC Enumeration from Goalpara, Assam but due to the erosion of the Brahmaputra village, were settled in Haribhanga (Police Station Phulpari), West Garo Hills, Meghalaya. Both her and her husband’s name figure in the Voter’s list from 1985 to date.

In the long and onerous list of documents meticulously collected collated by CJP and presented to the FT were: 1985, 1997, 2005, 2015, 2021 certified copies of the Voters List, an original copy of the 1951 NRC enumeration, land documents from Meghalaya and Assam, death certificate of Sofial Shaikh, father of Omesha Bibi, the 1981 Kabin Nama (Muslim Kazi Marriage Certificate of Omesha Bibi dated April 15, 1983, the Gaon Bara Certificate from Haribhanga Village, West Gharo Hills, Meghalaya. It took the CJP team eleven months to finally get the Order that declared Omesha Bibi an Indian citizen by the FT.

Not only the collection and filing of such disparate documents but the physical presence of so many Defence Witnesses for a hapless woman, that too from Meghalaya a fair distance away shows the demands made on the CJP Team to ensure a successful outcome for Omesha Bibi.

The Order declaring her an Indian was passed on April 10, 2023.

The Order may be read here:

June 20, 2023

Taijuddin Ali

Taijuddin Ali, a 49 year-old, physically challenged person from the Salabila village under Bongaigaon district was not also spared from the Foreigner Tribunal of Assam. “Suspected” of being an “illegal immigrant” Taijuddjn, who has 60% of disability and cannot easily move anywhere was taxed by the authorities to access and submit documents and evidence, difficult to obtain. With the support of CJP and its legal team, all the necessary documents were assembled to prove his Indian citizenship, a battle that took a gruelling two long years.

Taijuddin Ali is an Indian citizen by birth having been born to Kashem Ali and Surjiya Bibi in 1974 in a village which comes under the Bhandara police station area, which is now part of Manikpur in Bongaigaon district. He was born and raised in the same village. His father passed away in 1977, while his mother is alive. In 2005, Taijuddin married Sahera Bhanu and they have four children. Due to the erosion caused by floods from the Manas River around 1983, as is the case for many poverty ridden people in Assam, Taijuddin’s family was forced to relocate from Bhandara to Salabila, under the jurisdiction of Manikpur Police Station. They continue to reside in the village of Salabila with their family members. Taijuddin Ali’s citizenship was first called into question when he received a notice from the Assam border police alleging that he was a suspected foreigner who had entered India from Bangladesh after March 25, 1971. Again in Taijuddin’s case as in the case of countless others, this “notice” was served without even the mandatory visit of the investigating officer (IO) or authorities to Taijuddin’s residence; without recording his statement or that of any other witness. Besides, as in several such cases, crucial documents including Taijuddin’s passport etc. were neither seized nor submitted as evidence to support the claim that he was a foreign national.

Further adding to the many shortcoming on behalf of the authorities, it was noted that the legal action taken against Taijuddin had lapsed due to the huge delay. For a while the case had initially been registered in the year 2000 Taijuddin received a notice only in 2021 after over two decades of inactivity.

Yet despite these lapses on the side of Indian (Assamese) officialdom, Taijuddin’s battle for justice came at a high personal cost. Suffering from severe health issues, including a 60% disability, he struggled to take care of his family of seven members. His income was also derived from a small paan shop at the local market further decreased as his health deteriorated which ended up forcing him to beg to make ends meet.

Despite the challenges, Taijuddin Ali was determined to fight for his rights. With the support of CJP and its legal team, he assembled all the necessary documents to prove his Indian citizenship and this struggle ended in a long-awaited victory and on September 21, 2023, the judgement declaring him an Indian citizen was handed over to him by CJP Assam’s state in-charge Nanda Ghosh and CJP’s legal team member Advocate Dewan Abdur Rahim on behalf of CJP.

The Order is dated June 20, 2023.

Seje Bala Ghosh

Order passed on November 4, 2023

A breakthrough also came from the Bongaigaon Foreigner Tribunal in November 2023. This was the case of a now 70 year-old widow, Seje Bala Ghosh who’s case had made news in 2020 since she had been served a foreigners’ notice by the Foreigners’ Tribunal, Bongaigaon. Being the daughter of a valiant freedom fighter, her father Lt. Digendra Chandra Ghosh, was a freedom fighter who corresponded with Chandra Shekhar Azad during the Indian independence movement and her mother had donated a huge sum to the Indian National Security Fund after selling her property, the now widowed Seje Bala had to suffer the indignity and trauma of “proving her citizenship” before the Foreigners’ Tribunal on March 21, 2020. Ironically, her father, Digendra Ghosh, was a refugee who moved to Assam from the Sherpur town in the erstwhile Maymonshing district of what was then called East Pakistan. According to the refugee registration certificate dated March 7, 1951, Digendra Chandra Ghosh, son of Padma, has been duly registered as refugee along with his four other family members. The refugee certificate bears the official seal and is signed by Deputy Commissioner of the then Goalpara District of Assam. Yet the ordeal for Seje Bala.

 It was three long years, physical impediments and mental trauma before she finally obtained relief. On November 4, 2023, the Foreigners Tribunal finally passed the final order declaring simply that, “Smti. Seje Bala Ghosh, W/O- Lt. Amulya Chandra Ghosh, D/O- Lt.Digendra Ghosh of village-Salbagan, W/No.2, Presently 10, P.S.-Bongaigaon, Dist Bongaigaon, Assam is not a Foreigner.” The jurisprudence this case has set is interesting: Seje Bala, on whom the onus under the Foreigners Tribunal Order of 1964 is to prove her “Indian citizenship” was able to produce sufficient documents (legacy documents) of her parents dated before January 1, 1966. All these establish that her father was a citizen of India. Besides, Seje Bala Ghose has produced three linkage documents that include, her own ration card, the linkage certificate issued by local Municipal Board and her OBC certificate. Out of these three linkage documents the tribunal did not accept the ration card nor the linkage certificate issued by local Municipal Board but did accept the OBC certificate.

The intricate details of Seje Bala Ghosh’s battle for justice, aided by CJP’s team in Assam over three years may be read here.

The Order along with the actual order declaring her Indian by the Foreigners Tribunal in November 2023 may be read here:

Other success stories for CJP

Sher Ali:

Sher Ali son of Lt.  Jahad Ali (@ Jahadali Sheikh @ Jahad Ali Sheikh) of Village no 2  Kawadi under Manikpur police station of Bongaigaon district, Assam is another victim of the citizenship crisis in which, in 2023, CJP battled his case before the Bongaigaon Foreigners Tribunal and finally ensured he was declared Indian in April, 2023. The order is still awaited.

Sher being the only earner of the family always worked hard to run the family. He was also ill for a long time. It was during this time that he was served with a notice to appear and defend himself in the court. It was a huge challenge for him to face and fortuitously due to CJP’s vast network and credibility, the three year long legal battle bore fruit. This is the fate of many marginalised groups, especially religious minorities, in Assam. For this case, we submitted certified copies of several documents from decades back, the year 1966. Along with these other documents, he has also submitted the Ration Card authorised by the Food Corporation of India (FCI) through which his advocate did his best to establish his linkage with the Ration Card.

Jamila Bibi:

Jamila Bibi @ Jamila Khatun aged about 52 years, is the wife of Sher Ali of No 2 Kawadi village under Manikpur police station of Bongaigaon Distict, Assam. CJP contested her case before foreigners’ tribunal and finally declared Indian by Bongaigoan FT on November 10, 2023. Her husband had been declared Indian in April 2023. The case had started in 2019 and for four long years the sword of statelessness hung over her existence.

In her defence, with the CJP team, she argued that she was the born in India and her father has well proven documents from voter list of 1966. Their names were recorded in the voter list from the Balarpet village Bongaigaon district. These, along with all land document were submitted along with several copies of certified copies of electoral rolls (in which she is a registered voter) of different years.  Finally, after an arduous and rigorous battle she was declared India,

Ramjan Ali:

Ramjan Ali (@Habijuddin son of Lt. Mulukchand Ali) and Hajera Khatun, who is about 55 years from Dangshiapara village under Bijni police station of Chirang District is also one of CJP’s success stories. CJP contested his case before Chirang Foreigners Tribunal and was finally declared Indian on March, 2023.

Ramjan was born in the year 1974 at the Malibheta village under than Kokrajhar now Chirang district. His father shifted from village Daranga to Malibheta in the year 1972 for a better livelihood. Shockingly some radical groups from Assam burnt their houses into ashes. Even through this tragedy, he saved the documents that ultimately helped establish his citizenship! It was then that they had taken shelter out of compulsion at a Government refugee camp for five-six years. Later they shifted to a refugee camp at Bangaldoba where they have stayed till 2010. Thereafter they shifted to their present village of residence.

Sarathi Arjya:

Sarathi Arjya @ Saruti Bala Arjya @ Saroti Arjya, born in No 2 Daranga, D/O- Lt. Subal Arjya @ Subal Chandra Arjya and  Rani Bala Das @ Rani Bala Arjya , W/O- Chandra Kumar Arjya @ Chandra Kanta Arjya of Jaraguri village under Manikpur police station Bongaigaon district Assam.  CJP contested her case before foreigners’ tribunal and finally declared Indian by Chirang FT in July, 2023.

Apart from all the troubles of this legal battle, this family has had to suffer from the worst flood condition in the village. Every year the village was inundated with water and life’s normal cycle paused for a few months. Summons to the t tribunal never stopped for helpless Sarathi, however. After two years of tribulations, and the sheer perseverance of team CJP, the strong will power of Sarathi justice was hers when she was declared Indian!

Ashad Ali and Rofikul Islam

Ashad and Rofikul, both brothers, are residents of Goalpara district of Milan Nagar village under Bhalukdubi Revenue village of Goalpara Police station. Both were targeted by the state in the name of citizenship. Their whole family has to suffer the tragedy on the issue. Their parents Ramila (step mother) and Lt. Jainudin SK has undergone through the same challenge.

Sadly, it was while Ramila was fighting her first case with the help of the CJP team, she was served a second FT notice in her name with all the other names of her family members i.e. her late husband and two sons Arshad and Rafikul. The family faced another round of trauma and huge mental pressure for the case. CJP’s team also appeared for the second notice and fought both cases parallel. After a long legal battle CJP won the first case which was only against Ramila. Later, in the second case, it was this judgement that was delivered on February 2, 2023, by which she was declared as Indian that was submitted in the second case and the CJP advocate argued the case in lines of the first. The first judgment which declared Ramila as Indian helped her son Ashad and Rafikul to also secure their fate as Indian on October 19, 2023. In the case of her husband, Jahanuddin Shaikh, the advocate submitted the death certificate to the tribunal.

Guwahati High Court setback

Meanwhile, on November 21, 2023, the entire jurisprudence painfully developed by victims of the citizenship crisis and legal aid groups like CJP received a setback with the Guwahati HC, while noting discrepancies in orders by Foreigners Tribunals (FTs) directed “reviews” by the state government. This judgement could give vicarious powers to a state, already in the doc for an insensate attitude to the mammoth humanitarian crisis.

A bench comprising Justices Achintya Malla Bujor Barua and Mitali Thakuria not only addressed Ali’s request for a review of the aforementioned Bongaigaon Tribunal’s ruling, but it also provided a severely critical assessment of the Foreigners Tribunal system, particularly its rather scattered operational procedures. Given this, the court instructed the Assam government to examine situations in which the Foreigners Tribunals determined an applicant’s nationality or immigration status without conducting a thorough study of the supporting documentation.

The aforementioned High Court ruling may have a further negative effect on the already suffering people of Assam, the majority of whom are being singled out due to their religious beliefs. While the High Court correctly observed there to be inconsistencies in the orders of the Tribunals, the ones on trial will now have to endure an additional round of bureaucratic scrutiny in addition to proving their Indian citizenship in these Tribunals. This step, especially in terms of the visible biasness showcased by this executive authority on many occasions, has created another loop of legal arbitrariness for the ones put to trial as well as those who have already sustained the trial as the High Court has granted the Assam government the power to “review”.

Jurisprudence

At the heart of the problem is a problematic base.

Despite the passage of seven decades since the independence of the country, the debate on citizenship is far from over. The recent engagement with the construction of the National Register of Citizens (NRC) in the state of Assam, has again opened the flood gates of contestation on the citizenship question. Cardinal to this debate is the invocation of the Foreigners Act, 1946 and the Foreigners (Tribunals) Order, 1964 which are seen as the pillars for both the detection and deportation of immigrants. This analysis intends to examine some provisions of the legislations and in particular, Section 9 of the Act.

The Foreigners Act, 1946, a pre-independence era legislation was enacted for regulating the entry, presence and departure of foreigners into and from  India, section 2(a) of the Act defining a ‘foreigner’ to mean a person who is not a citizen. But, it is important to note that the Act, per-se does not prescribe any methodology for detection or any mechanism for identification of foreigners which makes the role of the foreigners’ tribunal cardinal to the understanding of the Act.

The formation of tribunals for the identification of foreigners only finds strength from the Foreigners (Tribunals) Order 1964 issued in exercise of powers under section 3 of the Act. The said order however, primarily leaves the procedure to be adopted for disposal of the proceedings to the discretion of the members. For a long time now, tribunals have been formed for the detection of perceived foreigners in the state of Assam, persons who are charged with illegally living in the state, perhaps for decades.

In actual fact, these ‘so called’ foreigners are mostly faceless human beings, without any apparent record of their “infiltration”. They are “charged” with having infiltrated predominantly from a specified territory, i.e. the present day Bangladesh. This charge is based on their ethnic character and their linguistic back ground even though such a similarity of both language and ethnicity is found from both sides of the border – in Assam/Bengal and Bangladesh. These ‘facts’ makes their ‘detection’ apparently more complex. These people, according to popular perception have entered India crossing the supposedly porous borders and have intermingled with the citizens of the country. We must remember, however that the borders are not entirely open and do not permit free entirely free access.

Section 9 of the Foreigners Act, 1946 has a very important bearing on the determinations made under the Act. In a nutshell, it stipulates that in a case not falling under section 8 of the Act, when there arises a question as to whether a person is a foreigner or not, the onus of proving that the person is not a foreigner is on the person concerned. Section 8 deals with the issue of determination of the nationality of two categories of foreigners (i) those having more than one nationality, (ii) those of uncertain nationality, by the central government. Section 9, therefore, by implication, excludes cases under section 8 and appears to pertain to foreigners, whose specific foreign nationality is attributable with a certain amount of certainty, but where the said foreigner disputes the allegation that he is a foreign national and claims to be citizen.

It is important to note that by definition the term ‘foreigner’ appears in Section 2 (a) of the Act, and means “a person who is not Indian Citizen”. Thus ‘foreigners’ in context of the statute appear to mean foreigners i.e. those who are not Indian citizens –on the face of it — without any requirement of elaborate exercise at identification, which becomes conspicuous by the absence of any detection machinery in the Act. It is also relevant to note that Section 9 does not deal with any question as to whether a person is an Indian Citizen or not, unlike Section 3(8) of the Immigration Act, 1971 which specifically refers to determination of a question as to whether a person is a British Citizen or not.  This distinction though very subtle can have wide-ranging ramifications on the scope and manner of application of the Act in question.

Read the entire article by an expert here arguing why Section 9 of the Act needs to be re-visited.

The post CJP Assam’s teams legal triumphs in 2023 appeared first on SabrangIndia.

The first complaint was against suspended BJP MLA, T Raja Singh and the second  dealt with two offending speeches of party functionaries, BJP MLA Basanagouda Patil Yatnal and BJP leader and former MLA Ayanur Manjunath. Detailing the offensive comments, the complaints point out to the state election commission authorities as well as the state DGP how the Model Code of Conduct (MCC) has been violated . The MCC became applicable in Karnataka from March 29 and since then 3-4 incidents of hate speech have come to the fore.

In swift dual actions, the Complaint Monitoring Cell of the Office of Chief Electoral officer, Karnataka has forwarded CJP’s complaint to the District Election Officer of Shimoga and Dharwad for an inquiry and has sought Action Taken Report (ATR) within 24 hours.

The hate speech delivered by T Raja Singh was sent in a separate complaint considering the history of Raja Singh, a suspended BJP MLA from Hyderabad as a repeated and relentless hate offender on Monday May 8. In his speeches, given at two separate events, the speaker has made misinformed and offensive claims against the minority community, made religiously derogatory and communal statements. T. Raja Singh has a history of stigmatizing and dehumanizing the minority community apart from spreading communal disharmony by targeting the Muslim community. The complaint against Raja Singh has also been forwarded for inquiry and ATR sought within 24 hours from district election office, Gulbarga,

On May 2 a video surfaced of BJP MLA Basanagouda Patil Yatnal making a speech in Kannada whereby he says that if somebody speaks about Hindus/India, that person will be shot. He also said that if BJP comes to power again in Karnataka, there will be direct (and swift) encounters (extra judicial killings) out on the road and no imprisonment for such crimes. Further, on April 3, a video surfaced online where BJP leader and former MLA Ayanur Manjunath warned Muslims, Hindus as well as Shivamogga Police to be careful as anything could happen before the elections. This was the subject matter of another complaint on May 9.

CJP has pointed out the sections of the MCC that stand to be violated as well as provisions of the Representation of People’s Act and the Indian Penal Code as well. The MCC clearly states, among other things, that “(1) No party or candidate shall include in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic.”

There is also a provision that prohibits party persons from intimidating voters. In Abhiram Singh v. C.D. Commachen (Civil Appeal No. 37 of 1992; decided on January 2, 2017), a 7-judge bench decided that electoral appeals to voters based on their religion is a “corrupt practice” and Justice TS Thakur in a concurring judgement had said, “Suffice it to say that the Constitutional ethos forbids mixing of religions or religious considerations with the secular functions of the State.”

CJP, in its complaint also detailed the April 2019 judgement of the Supreme Court had pulled up the Election Commission for not taking action against hate speech on religious lines during election rallies.

“Those who make hate speech during election campaigns intend to divide voters on communal lines and this is neither desirable nor favourable for a culturally and communally vibrant and diverse country like ours where our courts and statutory as well as constitutional bodies have upheld constitutional values and strive to uphold democracy in its truest sense. While keeping this in mind, we humbly urge the Commission that is the sole body responsible for free and fair elections in our thriving democracy, to do all that it can in its powers to deter such instances of hate speech by political parties and deal with them with an iron hand,” the complaint states.

The complaint may be read here:

Related:

CJP MOVES STATE ELECTION COMMISSION AGAINST HATE COMMENTS MADE BY SUSPENDED BJP MLA T. RAJA SINGH: KARNATAKA

T RAJA SINGH, BJP MLA

AUTHORITIES IN MAHARASHTRA URGED TO TAKE ACTION AGAINST RAJA SINGH FOR INCITING HATE: CJP

HATE WATCH: BJP MLA RAJA SINGH SERVED A NOTICE FOR HATE SPEECH AT AJMER DARGAH IN HYDERABAD

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How many times does one have to fight the system to prove and re-prove and re-establish their citizenship in Assam? Can he still be a suspected citizen despite being declared an Indian by the Foreigners’ Tribunal (FT) way back in 1999 because he has all the necessary documents? Can the tribunal send a man a suspect foreigner notice even after he has been declared an Indian not once, but twice by the same agency, the FT? Is it only in Assam can an Indian, a Muslim who was declared Indian by a Tribunal in 1999, be condemned as an illegal immigrant / foreigner and tested three times? Under the guise of the Assam citizenship test, the Assam Foreigners Tribunal and border police continue to follow arbitrary mal-practice targeting the innocent and marginalized, affecting their right to life (Article 21) with equilibrium and without repeated harassment, equality before the law (Article 14) and a life without discrimination (Article 15).

Pertinently who will provide reparation (compensation) for the 24 years, two dozen years, of continual harassment by the State?

Usman Ali, a daily wager, has had to go through the arduous process of the Foreigner Tribunal no less than three times in Assam. He was tortured mentally each time, labelled “illegal” and a “foreigner” in his own land. He had to “prove himself as an Indian” each time despite having all the documents. For two interminably long decades, Usman Ali spent valuable time and energy trying to break free from this web of injustice.

Usman Ali is a typical marginalized Indian, of which the country has millions, working through his day as a daily wage earner to support his family.He was born in the village of Barbakhra, which was then part of the Bijni Police Station and is now part of the Bongaigaon district’s Manikpur. Jorimuddin Sheikh, his father, was also a son of this soil. Jorimuddin Sheikh’s name had even appeared in the 1951 NRC. However, in later years, his name was recorded –as often happens in a bureaucratic slip in spelling –as Joshimuddin, Joshi, or Josim Sheikh. Millions in this country have their names and surnames spelt, in varied official records or documents, differently. An unlettered person, Josim could not figure out which spelling of his name was correct and had to rely on the authorities to write his name correctly –for him!

Usman Ali was only a child when he was abandoned by his parents. Despite these hardships thrown his way, the man worked hard to raise a happy family. It was the government’s repeated and arbitrary attempts to target him made his life harder, terrified as he was of losing his citizenship.

It was in the year of 1997 when an IM(D)T[1] case was registered against Usman, simply based on “doubts”. As he recalls now, receiving such notice questioning his citizenship was a terrifying and numbing experience.

Usman dug his heels in, fought for and finally, received justice. After a thorough examination of his and his father’s documents, the Foreigners’ Tribunal (FT) of Goalpara district dismissed the case against him in 1999, and the tag of illegal migrant was removed. Or so he thought!

“Jorimuddin Sheikh, father of Usman was listed in SL no 1 in village Khariabari under the PS Bijni as per the NRC of 1951,” the Tribunal stated clearly in the order copy. The Tribunal also discovered that his father’s name was recorded under the 42 Abhayapuri LAC in the 1966 voter list. As a result, the issue of illegal migration or those who arrived in India after March 25, 1971 does not arise.

Usman was, to some extent, satisfied and pleased to have won the case and having proved his citizenship. The State had just begun testing his endurance. Again, in 2017, 18 years later, he was again sent a notice via the border of the local police station to prove his citizenship once more. Two identical cases were filed against him, with the case numbers BNGN/FT/CASE NO. 1396/09 and BNGN/FT/CASE NO. 51/10.

Usman was perturbed, but he accepted the challenge. He spent several sleepless nights, however. There was the ominous, ever-present threat of being taken to a detention camp. “I used to weep at night, the thought of detention camp shook my heart,” Usman recalls. According to him, it was through his family that he was able to gather courage and fight. And thus, for the second time in his life, he was recognised as an Indian in his own country in the year 2017.

Then came the third blow! In May 2022,Usman was, for the third time, accused of being a suspected foreigner. In the inquiry report filed in his case, the investigating officer of the case had, without even looking into the previous back ground and speaking order of the FT in 1999, without therefore properly investigating the case, falsely alleged that he is from East Pakistan (Bangladesh). While doing so, the I/O of the case never once visited his home or the homes of the so-called witnesses, as mentioned in the inquiry report.

The I/O had simply and falsely written/recorded the opposite party’s and so-called witnesses’ statements without questioning them, and then proceeded to submit a false inquiry report. Arbitrary action?

Desperate, Usman then contacted the ground team of the Citizens for Justice and Peace (CJP) team, working tirelessly in 19 districts. He explained his case: that this foreigner notice is the third such notice that he has received, and he has dealt with this twice in the past too. “It has become common for me now, the way government targeted me, there seems there is no escape from it” Usman today states that since he wanted to give a strong and substantive fight, he had made bold to approach Team CJP.

In the arguments before the FT, a member of our CJP legal team stated unequivocally that Usman is Indian by birth. According to the written statement submitted, it was mentioned that “The I/O of the case did not seize and submit any documents, passport or any other documents along with inquiry report in connection with the above-mentioned case to prove the opposite party as a foreign national.” To substantiate that the case’s I/O submitted a false inquiry report against the opposing party, the CJP legal team highlighted that in the inquiry report, the I/O of the case did not disclose the interrogation report or the address of the foreign national. It was further provided that the I/O seized no documents from the opposing party that could be used to prove that the opposing party is a foreign national.

The CJP’s legal team also emphasizes in arguments that the I.O. in this case never accepted any statement from the opposing party. The names of the witnesses attached to the case record served the purpose of only making a false case against the opposing party. During the investigation, the I.O. of this case did not issue any notice to the opposing party to appear or show any documents to prove the opposing party’s citizenship as required by law. After these elaborate and substantive submissions, CJP has now been able to claim Usman’s citizenship for the third time.

On behalf of the CJP team, Nanda Ghosh, the head of the Assam CJP team, and legal team member Advocate Dewan Abdur Rahim went to Usman’s house to hand over the judgment copy.

Usman was irritated as also pleased when he received the copy of the judgement that declared him, for the third time (!!!),to be a citizen of India. The only expression visible on his face was a small, tentative smile accompanied by silence.  After looking through the judgment, Usman poignantly demanded, “Who will compensate me for repeated harassment?”

A question so difficult to answer. There appears no tribunal or court that will answer or resolve this. Case after individual case, our team tries to ensure substantive and procedural justice while the state with its vast machinery continues, cynically in its march to hunt down people like Usman Ali. The question that begs an answer: how long will innocents have to struggle to establish they are Indians and live in their own country?

The judgment copy of the year 2023 can be read here:

The previous two judgment copies, of 1999 and 2017, can be read here.

The post Triple Jeopardy! CJP wins legal battle for a Muslim daily wager who, after twice having proven his citizenship, received a third FT notice appeared first on SabrangIndia.

Sukur and his story is the most fitting representation of those Indians who are oppressed by state functionaries. Sukur, born and brought up in India, was the only son of Abdul Jalil @ Abdul Jalil Sheikh and Majiran Nessa @ Majiran Bewa. He was born in the village of Kawadi No. 2 (Sonaikhola) under the Manikpur police station of the Bongaigaon district in 1981. He grew up in the same village.

Kaiya Sheikh was Sukur’s grandfather. His grandfather and father had both died a long time ago. He has previously stated that he is his parents’ only son and is entitled to the rights, privileges, and protection guaranteed by the Indian constitution and other laws.

Notably, Sukur is also a regular voter. It was only after careful verification and investigation that the Election Officer of the concerned area recorded/enrolled his name in the Electoral Roll. Since, only Indian citizens can have their names added to the electoral roll, no doubt should even have arisen regarding his citizenship. Additionally, his parents and grandparents are both Indian citizens, thus, making him an Indian citizen by birth.

Meeting Sukur Ali and his family:

Throughout CJP’s journey of assisting Indian citizens in Assam, the team has come across many instances of people from socially and economically disadvantaged backgrounds facing greater challenges in defending their citizenship. However, about a year ago, we came across the case of Sukur Ali, a man who begs for a living and was expected to defend his citizenship, even though his name was already present on the National Register of Citizens (NRC).

Sukur Ali’s neighbor had informed the CJP team that the Bongaigaon Foreigners’ Tribunal (FT) had served him with a notice.  When the team had promptly gone to meet Sukur Ali at his house, it was discovered that both Sukur Ali and his mother had developmental issues.

“They are extremely impoverished and lack the resources to fight a case in the FT. Please assist them,” the neighbors had requested the CJP Team.

While the nature of their mental disability remained unclear due to the absence of proper certificates describing their mental disabilities or disorders, the economic hardship this FT case would place on the family became clear when the team had met them.  In Sukur’s family, there is his 80-year-old mother Marijan Bewa, who was struggling to stir a pot with a ladle in her wrinkled feeble hands, as she cooked the family’s meal over a low flame in the open, and his wife, Jameela Khatun, was caring for their 2-year-old daughter.

Sukur also has a 4-year-old son who was completely unaware of his family’s predicament. Behind them was a hut that was so dilapidated that it was a surprise that it was still standing.

“He left home this morning and has yet to return,” Jameela said of her husband, who was out begging for food so his family could eat for one more day. It was evident that the family was clearly traumatized by the FT notice.

CJP Team Nanda Ghosh and Advocate Abdur Rahim with Sukur ali and his family

Sukur Ali in front of his home with his wife and children

Sukur Ali with his wife Jameela Khatun

Team CJP and Sukur Ali’s neighbours with him and his family

The case against Shukur and CJP’s helping hand:

The case against was based on the allegation that Sukur was a suspected foreigner. In the inquiry report submitted by the investigating officer in Sukur’s case, false allegations had been submitted against him, deeming that he had migrated here from East Pakistan (Bangladesh).

It is crucial to note here that no proper investigation had been conducted in this case. The Investigative Officer of the case had never even visited his home or the homes of the so-called witnesses in the case, as mentioned in the inquiry report. The I/O had falsely written/recorded the statements of the opposite party and the so-called ‘witnesses’, without even questioning them, and then submitted a false inquiry report.

Before the FT, a member of our legal team had stated unequivocally that Sukur is Indian by birth. In the written statement, it was clearly mentioned that “The I/O of the case did not seize and submit any documents, such as the passport or any other relevant documents, along with an inquiry report to substantiate their claims of the opposite party (Sukur) being a foreign national.”

It was further mentioned in the statement that the I/O of the instant case never took any statement from the opposite party (Sukur). “Thus, it would not be a reach to say that the names of the witnesses tagged with the case record are nothing, but an attempt to build a false case against the opposite party.”

It was also pointed out that during the time of investigation the I/O of this instant case had not even issued any notice to the opposite party for appearance or produced any documents to prove the citizenship of the opposite party, as is the due process of law.

The Legal Process and the hurdles faced:

The CJP Team began reviewing Sukur’s documents and discovered that his name was on the NRC. The name of Sukur Ali’s late father, Abdul Jalil Sheikh, was also present on the 1966 voters list. Additionally, Sukur’s mother was still a voter.

When it came to land documents, however, there appeared to be some sort of family feud. Despite the fact that they had some land documents, one of Shukur’s relatives took possession of all of them and had refused to part with them. Despite repeated requests from Sukur’s neighbors, who were doing everything they could to assist the impoverished family, he was still unwilling to share the photocopies.

In light of this, we enlisted the assistance of Mr. Rahim Ali, a well-known and highly respected retired teacher who lives in the same village, and is also a supporter of CJP. “This is very unfortunate,” he had said after learning about the family’s predicament, particularly the issue of land documents. “I will do everything I can to help you,” he said, promising his full support.

Thereafter, the team began with the process of arranging for a bailor. This is because, according to the rules of the Bongaigaon Foreigners Tribunal, a bailor is required for the primary level hearing of FT cases. We located a bailor and asked him to retrieve his documents. We also asked the villagers to stand by Shukur Ali’s, providing him moral support and other assistance, as was needed. 

It is worth noting here that FT’s cases are frequently decided in unconventional manners, with unusual terms being used. Sometimes the individual declared as a foreigner is made to use the terms ‘projected father’ or ‘projected mother’.  For minor spelling errors or surname changes, people are sometimes classified as foreigners.

Thus, another issue that needed to be tackled was that in the written statement of Sukur, it was claimed that the actual and correct name of the mother of Sukur is ‘Majiran Nessa’. Traditionally, in Muslim communities, after the death of the husband, some Muslim women change their title to ‘Bewa’ rather than ‘Khatun’. thus, in this case, Sukur’s mother’s name was written as ‘Majiran Bewa’ after his father died. This meant that ”Majiran Nessa” and ”Majiran Bewa” were the same person.

The problems mentioned above are only a small sample of the challenges that the CJP team encountered while conducting groundwork and legal work in this case. Many issues also came up while obtaining the necessary documentation from various offices. Since there was no one to assist the team with any type of documentation from his family, they had to visit various government offices several times, especially for certified copies.

The gains and the losses:

Sukur Ali was finally declared an Indian citizen by the tribunal after a year of hard work. But, this victory was also accompanied with losses, as Sukur Ali’s ailing mother, who remained concerned about the case till the end, passed away just a few days before he was declared Indian. With this fear and apprehension that her son will be a foreigner, his old mother left forever, and could not hear the good news.

When the CJP team went to Sukur’s house with a copy of his judgment, his wife became emotional and began crying.

“We don’t have anyone,” she explained. “My husband is also physically and mentally disabled. Although he appears to be in good health, he does not understand anything and cannot speak properly,” she continued.

“However, the children and I have little to eat with what he has begged for all day. My mother-in-law recently died. Meanwhile, only Allah knows how much of my time is spent in trouble and worry as a result of this foreign case!” she added.

“Thank you very much for assisting us,” she continued.

“We could not have prosecuted this case without Citizens for Justice and Peace. We are overjoyed to be getting justice. It was critical for us to obtain justice for this helpless family,” she said, expressing her gratitude.

The important question that the story of Sukur leaves us with is that, until when will innocent and helpless people go through this pain, till when will we find a permanent solution? How long will this hateful politics continue where people who are barely making ends meet are suddenly declared foreigners, being seen only for their surnames? Who is benefitting from targeting these poor, helpless, deprived people, half of whom have no other wish than to lead their simple lives? 

Related:   

Victory! Mojibor Sheikh released from Assam Detention Centre with CJP’s help

CJP comes to the aid of Assam beggar served FT notice

CJP Impact: Another woman saved from the spectre of facing statelessness in Assam! 

Scapegoats and Holy Cows: Crime and Justice Delivery in the Age of Sectarian Nationalism

Crackdown on child marriage claims four lives, including three women and one child

Families protest arrests as questions mount on child marriage crackdown in Assam

Hate Watch: Himanta Biswas Sarma on ‘Love Jihad’ during the Gujarat poll campaign

Assam: New criteria for government jobs singling out minorities?

Gauhati HC sets aside ex parte order declaring woman as a foreigner after her death

The post CJP brings a sliver of hope for a differently abled beggar who had been suspected to a foreigner appeared first on SabrangIndia.

Through two orders passed by the News Broadcasting & Digital Standards Authority on February 28, the Authority has imposed fines of Rs. 50,000 and Rs 25,000 respectively in two separate complaints filed by CJP against the channel for airing two inflammatory and communally divisive shows.

The first such divisive telecast was titled ‘‘Desh nahi jhukne denge – Hinduo ke khilaf mahagathbandhan’’ was aired on January 18, 2022 and the other “Desh Nahin Jhukne Denge Aman Chopra के साथ” aired on October 4, 2022.

Both shows were hosted by Aman Chopra.

The show aired in January 2022 pitched Hindu voters against Muslim voters via an inflammatory narrative. The channel has been imposed a fine of Rs 50,000 for this telecast. The narrative became clear when the following tickers were displayed throughout the show’s running:

“15% Muslim 85% Hindu par bhari” (15% Muslims overshadow 85% Hindus)

“Jab Yogi Modi chale jayenge, tumhe kaun bachayega?” (When Yogi-Modi leave, who will save you?)

“Hinduon ke khilaf sab mil gaye hai?” (Everyone has colluded against the Hindus?)

The NBDSA observed in this order that the thrust of the programme had religious undertones and that it was communally polarizing. The Authority has thus imposed a fine of Rs. 50,000 and directed the channel to display NBDSA’s order once every hour for 24 hours between March 6 and March 7. Significantly, the NBDSA has also ordered removal of the video of the show from the channel’s website as well as YouTube and all hyperlinks including access.

It also directed the broadcaster to remove the video of the said broadcast, if still available on the website of the channel, or YouTube, and remove all hyperlinks including access which should be confirmed to NBDSA in writing within seven days of the Order.

Apart from CJP that was the main complainant, Mr Anuj Dubey had also filed a second complaint.

The Order of the NBDSA:

Continuing with its divisive and anti-Muslim agenda, the channel, News18 aired another show against which CJP filed a complaint, in October 2022. In this show, Chopra was seen visibly cheering the Gujarat Police for beating men publicly with a stick for allegedly having pelted stones at a garba event. The same incident for which an inquiry has been instituted against the police officers in question. Through the entire “debate”, the members of the panel brought into question not just the various principles of Islam as a religion but also mocked speakers belonging to the Muslim community by asking them to hail Hindus gods on national television. Against this show, Mr. Indrajeet Ghorpade had also filed a complaint.

News18 was fined Rs. 25000 over the inflammatory and contentious contents of this second debate show “Desh Nahin Jhukne Denge Aman Chopra के साथ” aired on October 4, 2022 hosted by Aman Chopra

The complainant(s) had argued that the show in question, was an example of a brazen display of hatred towards one community merely over questioning their entry into Navratra garba pandals. Through the entire debate, the panellists brought into question not just the various principles of Islam as a religion but also mocked speakers belonging to the Muslim community by asking them to hail Hindus gods on national television.

The Authority also directed the broadcaster to remove the video of the said broadcast, if still available on the website of the channel, or YouTube, and remove all hyperlinks including access which should be confirmed to NBDSA in writing within seven days of the Order.

NBDSA, in its order further also noted that the impugned broadcast emanated from a viral video from Khera district of Gujarat, which showed a few men being publicly flogged for allegedly pelting stones at a garba event. The order also observed that the i programme in question was interspersed with statements made by the anchor which targeted, vilified and castigated the entire Muslim community for the actions of a few miscreants.

Significantly, too, the Order has observed that the tickers which were aired during the impugned broadcast, raised rhetorical questions, thereby reinforcing the narrative created by the broadcaster and gave the impression that all Muslim men attended garba celebrations only with ulterior motives.

In this second order, the NBDSA observed that the police failed to condemn the unlawful police violence. It further held that generalised statements about the Muslim community were also made through the show thus violating the guidelines and Code of Ethics set out by the Authority. The Authority has thus imposed a fine of Rs. 25,000 on the channel and has directed that the video of the show be removed from the website and YouTube as well as all hyperlinks including access.

The Order of the NBDSA:

The post News18 India Fined by NBDSA for Airing Hateful Content in Two Shows, CJP Issues Press Release appeared first on SabrangIndia.

Citizens for Justice and Peace (CJP) has yielded positive result in yet another Hate Watch complaint against biased, stigmatizing, and communally motivated news coverage. The News Broadcasting and Digital Standards Authority (NBDSA) upheld on February 27, 2022, that the show “Desh Nahin Jhukne Denge Aman Chopra,” which aired on News18, violated the authority’s guidelines for fair and temperate reporting. NBDSA ordered that its video be removed from all platforms within seven days, or by March 7, 2023.

CJP had filed this complaint on October 10, 2022 with News18 for hosting an entire “debate” in national television wherein the members of the panel brought into question not just the various principles of Islam as a religion but also mocked speakers belonging to the Muslim community by asking them to hail Hindus gods on national television. The inflammatory and contentious debate show “Desh Nahin Jhukne Denge Aman Chopra के साथ” had aired on October 4, 2022, and was hosted by Aman Chopra.

The channel’s response was dated October 14, 2022 to our Complaint dated October 10, 2022, and CJP’s complaint to the NBDSA was dated October 22, 2022. Online hearings took place on November 11, 2022.

In its order dated February 27, 2023, the NBDSA noted NBDSA observed that the impugned programme was interspersed with statements made by the anchor such as “Gujarat Police ne unnke saath dandiya khela”; “Gujarat police ne unka ilaaj kia” Koi aur tyohar garba kea lava jisme interest ho muslim ladko ka? Aap hairani hoti hai?”; “Ye jo (Muslim) log hai jo garbe mein jaate hai, ye vande mataram, ganpati bappa morya, jai shree ram, kyun nahi bolte? Inko garbe ki aarti mein interest nahi hai” “Koi aur ek aisa Hindu tyohar ho, jisme itni aastha hon Muslim yuwakon ki, bataiye koi? Jahan ghusme ke liye jhuth bhi bolenge”; “Karnatak ke idgah me ganesh utsav nahi manane dia tha.. tab kaha 10 gaya tha Secularism”; Aisa kya mil raha hai garbe me ki Islam ki sari rigidness khatam ho jati hai” and “Garbe mein itna interest kyun hai Muslim yuwakon ka? Koi aur tyohar mein itna interest nahi hai. Lekin pehchan chupakar kyun jaate hai?”, which targeted, vilified and castigated the entire Muslim community for the actions of a few miscreants. The NBDSA held that manner in which the debate was conducted was condemnable and the statements made by the anchor had the tendency to disturb the communal harmony in the country. 

It observed, “NBDSA held that by making generalized statements about members of the Muslim community as can be seen from the statements made by the anchor and by failing to condemn police violence in the impugned broadcast, the broadcaster had violated the Code of Ethics & Broadcasting Standards, Clause 9 of the Specific Guidelines covering Reportage pertaining to Racial & Religious Harmony and the Guidelines to prevent communal colour in reporting crimes, riots, rumours and such related incidents, which states that “in broadcasting the commission of crime etc., it must be borne in mind that any communal colour to it has no relevance and, therefore, any reference to the community of the accused corrodes our secular fabric”.

Furthermore, NBDSA took serious objection to the language used by the anchor in the programme and the repetitive nature of the violations of the NBDSA. It observed, “The broadcaster had failed to condemn police violence and in fact kept looping the video of the police beating the men. The thrust of the broadcast appeared to give the impression that the actions of the police were justified.”

Accordingly, the NBDSA decided to warn the broadcaster not to repeat the violations in future and also decided to impose a fine of Rs. 25,000 on the broadcaster. The NBDSA also directed that “the video of the said broadcast, if still available on the website of the channel, or YouTube, and remove all hyperlinks including access which should be confirmed to NBDSA in writing within 7 days of the Order.”

The order maybe read here: 

Objectionable content of the show:

The show had started with the host visibly cheering the Gujarat Police for beating men publicly with a stick for allegedly having pelted stones at a garba (festive dance) event. The host had said, “Aapko Gujarat Police ka Dandiya dikhatehai (We will show you “Dandiya” played by Gujarat Police)”. Then he went on to cheer them more as the beatings continue and the victims, visibly pained and begging for mercy saying “please forgive us”. He was clearly encouraging such brute and unlawful acts. Throughout the show, the host, Aman Chopra, had not tried to mask his bias in any manner, manipulated facts and actively participating in the communal diatribe.

The host had then started the “debate” taking opinions of his speakers where one of the speakers, speaking about celebration of festivals together said that be it any festival, Hindus and Muslims should respect them and celebrate together because in this country we live together with love. The host then egged him on, “Koi aur tyohar garba kea lava jisme interest ho muslim ladko ka? (Is there any other festival in which Muslim boys are interested?)”.

There were also repeated tickers running through the show: 

“Hamare garba me tumhara kya kaam hai” (What have you got to do with our Garba) 

“Garba par pattharbaji – apradh ya jihad?” (Garba and stone pelting – Crime or Jihad?) 

“Garba me zyadatar Muslim Naam badalkar kyu aate hai?” (Why do so many Muslims change their identity to play garb) 

“Muslim ilaakon me aayojan kyu nahi” (Why is [garba] not organized in Muslim localities) 

“Toh Muslim betiya shamil kyu nahi hoti?” (Why do muslim girls not participate [in garba] 

“Mazhab chipayenge ab patthar bhi barsayenge?” (Hiding their religion, now pelting stones too?)

The show had also depicted an animated image of a man wearing a skull cap holding a stone in his hand.

Previous Wins by the CJP

On the same date, February 27, another order was issued by the NBDSA against News 18 communal show, and in the favor of CJP. In the above-mentioned complaint, CJP had moved the NBDSA on January 18, 2022, against the News 18 show “Desh Nahi Jhukne Denge – ह िंदुओिंके ह़िलाफ़ म ागठबिंधन?”. The impugned news debate show had themes of communal divide throughout its narrative, with not just the participants of the debate but also the anchor of the show actively participating in the communal diatribe.

Deciding on the complaint, the NBDSA had noted that the thrust of the programme had religious undertones. By starting the debate on the premise that 20% people were ganging up against Hindus constituting 80%, the anchor had given the debate a thrust, which is communal in nature and not appropriate.

Therefore, in accordance with the violations of the channel, NBDSA decided to issue a warning to the broadcaster to be more careful in future as well as impose a fine of Rs. 50,000. They also directed the broadcaster to publicize NBDSA’s Order mandatorily on the ticker of its channel ‘News18 India’ once every hour for 24 hours starting from 8:00 AM on 6.3.2023 to 8:00 AM on 7.3.2023 in the following manner: “NBDSA found that the programme titled “Desh Nahi Jhukne Denge – ह दिं ओु िं के ह़िलाफ़ म ागठबिंधन?’ aired on News18 India dated 18.1.2022 had violated the Code of Ethics & Broadcasting Standards relating to Impartiality, Objectivity and Neutrality and Specific Guidelines Covering Reportage relating to Racial & Religious Harmony”.

In July, 2022, NBDSA had succeeded in getting another communally misleading show of News 18, titled ‘Toh hijab ke liye bam barsaenge?/ Danke ki chot par’ (Asking openly- So will bombs be hurled for hijab?) that aired on February 15, 2022, removed from their channel. In the said decision, the NBDSA had taken serious objection to the language used by the anchor in the programme. It observed, “The broadcasters must be mindful of their duty towards communities and telecast programmes which are accurate, balanced and impartial and in accordance with the Code of Ethics and Broadcasting Standards and Guidelines.”

Related:

CJP moves NBDSA against News India 18’s show “DeshNahinJhukneDenge Aman Chopra केसाथ” for spreading communal propaganda

CJP Impact: NBDSA directs News18 to take down video of show about bombs hurled at WB school

CJP Impact: NBDSA directs Zee News to take down video of communal show on Population Control

CJP writes to News18 against “80 vs 20” debate show’s communal content

CJP complains to News18 against its partisan debate show over Garba celebrations

The post CJP Impact! NBDSA takes action on New18’s communal debate show, slams fine of Rs. 25,000 appeared first on SabrangIndia.

The News Broadcasting & Digital Standards Authority (NBDSA), in a substantial decision has imposed a fine of Rs. 50,000 on News18 India for airing its communally divisive show aired in January last year. In the show, the host, Aman Chopra had pitched Hindu voters against Muslim voters by using the term “80 vs. 20” and flagging off the show with a communally polarising question: Hinduon ke khilaf Uttar Pradesh me Mahagathbandhan tayyar ho raha hai, aur jab 80 vs. 20 ki baat ki thi Yogi Adityanath ne toh wo sahi thi? (A grand alliance is being formed in Uttar Pradesh against Hindus, and was Yogi Adityanath right when he said it is now 80 vs. 20?).

The main topic of discussion was the coming together of opposition parties against BJP and this was pitched as the opposition parties going against all Hindus thus effectively influencing voters to believe that only BJP was with Hindus. He was brazen enough to keep reiterating through the show that the opposing parties including the Congress and Samajwadi Party (SP) were against the Hindu population, making the election a religious battleground

The show was also rife with anti-Muslim statements such as :“15% Muslim 85% Hindu par bhari” (15% Muslims overshadow 85% Hindus) and “Hinduon ke khilaf sab mil gaye hai?” (Everyone has colluded against the Hindus?). As the anchor of a show on a news channel that is supposed to have a neutral and unbiased theme, the host did not even attempt to have any non-communal theme on the show.

CJP had highlighted in the complaint that the show had undertones of communal divide from the very outset, and that it looked more like a political campaign debate. It reeked of political agenda, since at that time the seven-phase Assembly elections were in progress in Uttar Pradesh. Mr Anuj Dubey was also another complainant who had approached NBDS against this show.

The NBDSA, after conducting a hearing and giving an opportunity to the complainants and the channel to be heard, observed that “the thrust of the programme had religious undertones. The Authority deemed that by starting the debate on the premise that 20% people were ganging up against Hindus constituting 80% of the state’s population, the anchor gave the debate a communal thrust which was found to be inappropriate by the Authority. The order stated that the anchor (Aman Chopra) “crossed threshold of impartiality by making statements such as “Ye 80 ke Khilaf hai mahagathbandhan” (this alliance is against 80) and “wo keh rahe hai ki unhey Hinduo se problem hai aur wo 80 ke khilaaf hai” (he is saying that he is against Hindus)

As per NBDSA, the show violated fundamental principles of Impartiality, Objectivity and Neutrality in reporting and the Specific Guidelines Covering Reportage relating to Racial and Religious Harmony.

NBDSA has directed News18 India to publicise this order on the ticker once every hour for 24 hours between 8 am on March 6 to 8 am on March 7. The Authority has also sought a recording of the ticker aired on the channel. Further, the channel has been directed to remove the video from its website, YouTube as well as all hyperlinks including access, within 7 days of the order.

The order may be read here: 

A similar order has been passed by NBDSA against News18 India where a fine of Rs.25,000 has been imposed for airing a debate the members of the panel brought into question not just the various principles of Islam as a religion but also mocked speakers belonging to the Muslim community by asking them to hail Hindus gods on national television. Aman Chopra was seen cheering the Gujarat police for publicly flogging some men tied to a pole, for allegedly having pelted stones at a garba event. The NBDSA condemned the fact that the anchor condoned the unlawful violence and tried to justify it on the show.

News18 India has been reprimanded by NBDSA on previous instances as well when CJP complained against their misleading show disseminating false news. The show displayed news that bombs were hurled at a school in West Bengal and raised questions like  “Kya hijab ki ladayibambazi par aa chukihai? Toh ab hijab ke liye bam barsenge?”, “Danke ki chot par puchrahi hu kya bam barsayenge, shiksha mei shariyat layenge?” (Translation: Has the battle for the hijab reached the extent of ‘bomb-bursting’? So will bombs be hurled for hijab? I am asking openly, will bombs be hurled, will the Muslim personal law be brought into education?). The entire show was premised on false news, prejudicial to one community, and that it appeared to have been telecast with the intent of misinforming the viewers, spreading hatred and most importantly, stigmatising and demonising the Muslim community. The NBDSA, in July last year ordered for removal of  the video of the show and had asked the channel to be mindful. ““Since the issues raised in the programme were of serious nature and had serious implications, the broadcaster should have waited to obtain a clarification from the Police or Government Authorities or conducted a proper investigation and verified the news from different sources before telecasting the programme,” the order read.

Related:

CJP IMPACT: NBDSA DIRECTS NEWS18 TO TAKE DOWN VIDEO OF SHOW ABOUT BOMBS HURLED AT WB SCHOOL

CJP MOVES NBDSA AGAINST NEWS18’S “80 VS. 20” DIATRIBE

CJP WRITES TO NEWS18 AGAINST “80 VS 20” DEBATE SHOW’S COMMUNAL CONTENT

CJP COMPLAINS TO NEWS18 AGAINST ITS PARTISAN DEBATE SHOW OVER GARBA CELEBRATIONS

The post News 18 India fined Rs.50,000 for airing communally divisive debate show: NBDSA appeared first on SabrangIndia.

A petition demanding strict action on growing hate speech events in the state of Maharashtra is gaining traction. The petition initiated by Citizens for Justice and Peace (CJP) has been signed by Javed Akhtar, Poet and Script Writer, Kumar Ketkar, Rajya Sabha MP and journalist, Ratna Pathak Shah, Actor, Tushar Gandhi, senior activist and writer, Chitra Palekar, Writer & Theatre Professional, Bishop Allwyn D’Silva, Priest and Activist, Fr Frazer Mascarenhas, Jesuit & Educationist, Teesta Setalvad, Journalist and Activist, Javed Anand, Journalist and Activist, Geeta Seshu, Senior Journalist among many others.

The petition may be signed here

The petition, has pointed towards the systematic hate speech rallies being carried out throughout the state, states that “some organised groups, politically connected, are involved, in a systematic organisation of such events across many districts and carry out rallies and invite speakers known to have delivered hate speeches in the past.”

“Many of the speakers are previous offenders, new wine in old bottles so to speak, delivering shrill homilies of the vision of ‘Hindu Rashtra’ (a notion that is itself fundamentally anti-Constitutional), distorting and manipulating history to further stigmatize, target, and incite violence against the Muslim community; Christians too have not been spared,” the petition reads.

Listing out all such events that have taken place since December 2022, the petition raises a pertinent question

“This organised attempt raises the question, why the sudden interest in the state. Is this not part of a design?”

The petition highlights that the political representatives need to fulfill the Oath they have Sworn under the Indian Constitution.

“Whether affirmed in the name of God or the Constitution, the elected representative is legally bound to true faith solemnly affirm and allegiance to the Constitution of India as by law established and function in accordance with the Constitution and the law, without fear or favour, affection or ill will. The same principle applies to the IAS and IPS officials.”

Citizens for Justice and Peace (cjp.org.in) has been running arguably the most consistent and persistent campaigns, petitioning relentlessly the law enforcement authorities to prevent and prosecute hate-mongers.

The signatories demand:

• Any such events by previous hate offender organisations and individuals are prohibited under law

• That in incidents that have occurred and inciteful and provocative speeches have been made since December 2022 (Detailed List Attached), there is a high-level impartial probe and swift prosecution

This Video, produced by CJP also makes a strong appeal for ordinary citizens in Maharashtra to approach their elected representatives, MLAs and MPs and honour the Oath they have sworn under the Indian Constitution. The Video may be viewed here: Take action against rising hate in Maharashtra: An appeal by Teesta Setalvad.

Related:

Citizens’ attempts to prevent hate speech event ignored, Hate Event allowed by Ratnagiri Police

LEADERS OF MAHARASHTRA, ACT AGAINST HATE NOW!

CJP seeks preventive action against proposed event of Hindu Janajagruti Samiti in Maharashtra

The post Citizens demand CM Eknath Shinde prevents & prosecutes Hate Offenders: Maharashtra appeared first on SabrangIndia.