As per a report in the LiveLaw, an affidavit had been filed by the Union Home Ministry on August 14, 2024, stating that 211 foreign nationals had been classified as “declared foreigners” and were being held in the transit camp. The court directed the registry to place the Assam Legal Services Authority’s report on record, emphasizing the need for coordinated efforts between the Union Home Ministry and the state government to facilitate the deportation of these individuals.

Prior to this, on May 16, 2024, the division bench of Supreme Court had directed the union government to take steps to immediately deport 17 declared foreigners detained in transit camps of Assam, considering that there are no pending cases registered against them. The bench led by Justice Abhay S. Oka had, while hearing Writ Petition (Crl.) No. 234 of 2020 related to the condition of detention centres in Assam where individuals with a doubt citizenship and deemed foreigner were kept in detention, directed the union government for immediate deportation of 17 declared foreigner. 

(Details of the writ petition can be read here.)

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Families torn asunder: 28 Bengali Muslims taken from homes, detained as “Declared Foreigners” in Assam

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The post Supreme Court seeks Assam government’s response on plan to deport over 200 declared foreigners detained in transit camp appeared first on SabrangIndia.

These individuals, all from the Bengali Muslim community, were summoned to the Superintendent of Police’s office under the pretence of signing documents on Monday. Instead, they were placed onto a bus bound for the infamous Matia transit camp in Goalpara district, 50 km away. The heartache of separation filled the air as the police bus carried away one member from each of the 28 families, leaving their loved ones crying in the streets.

The CJP Team on the ground was able to document these individuals being taken away.

The detainees were identified as:

1. Keramat Ali
2. Abdul Latif
3. Kitab Ali
4. Sirajul Haque
5. Ibrahim Ali
6. Hanif Ali
7. Munjor Alom
8. Ainal Mondal
9. Shahadat Ali
10. Sha Ali Akand
11. Sonauddin
12. Ramej Uddin
13. Amjat Ali
14. Based Ali
15. Salam Ali
16. Abdul Joynal Mir
17. Shukur Miya
18. Malam Miya
19. Anowar Hussain
20. Basaton Nessa
21. Aimona Khatun
22. Ajbha Khatun
23. Sobiya Khatun
24. Monowara Begum
25. Jabeda Khatun
26. Sufiya Khatun
27. Raijon Begum
28. Eyaton Nessa

The incident was part of a much larger and deeply unsettling process. As of August 22, 2024, data from the Assam Assembly reveals that over 54,411 people have been labelled as “declared foreigners” by Foreigners Tribunals (FTs) since 2005. The BJP-led government, under Chief Minister Himanta Biswa Sarma, has ramped up these detentions, recently inaugurating a permanent detention camp in Matia—the largest such facility in Asia—operational since January 27, 2023.

Previously, six temporary detention camps were scattered across Assam, located in Goalpara, Kokrajhar, Tezpur, Silchar, Dibrugarh, and Jorhat. Kokrajhar is the only one for women. The Matia camp, a sprawling complex, now serves as the main site for detaining individuals labelled as foreigners, often those arrested after rulings by FTs.

The Foreigners Tribunals, set up under the Foreigners Act of 1946, were meant to address illegal migration. Assam alone has around 100 tribunals, primarily to determine the status of “doubtful” voters and foreigners. These tribunals came into being following years of agitation by the indigenous Assamese population, concerned that illegal migrants from Bangladesh were threatening their identity and culture.

Amidst this, Citizens for Justice and Peace (CJP) has stepped in to provide legal aid, helping numerous detainees secure release and even overturning some tribunal decisions. Many detainees are released on bail or declared Indian citizens by the High Court, but the painful cycle of detainment and uncertain futures continues. The present tragedy in Barpeta struck a deep emotional chord, as families wailed and pleaded while their loved ones were dragged away. It is to be noted that the CJP Assam team had attempted to visit the Matia detention camp soon after the incident, but the authorities denied them entry and barred them from gathering information about the detainees’ conditions.

For the families, the separation felt on that fateful day was more than just a momentary loss—it was a fracture in the bonds of love, trust, and belonging.

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The post Families torn asunder: 28 Bengali Muslims taken from homes, detained as “Declared Foreigners” in Assam appeared first on SabrangIndia.

The notice was a Reference Case, a terrifying document that Ranjina barely understood. She lay awake at night, haunted by the words she could hardly comprehend. “My father and grandfather were born and died on this land,” she thought, “and their names were in the 1966 voter list. What more proof could they need?”

Who was Ranjina Bibi?

Ranjina was born in Bhalabhut, a village in the Coochbehar district of West Bengal, and later married Anowar, settling in Assam. Her father, Ibrahim Sk, and her grandfather, Tasar Sk, were also born in West Bengal. Their names were present in the voter lists of 1966, and they owned land prior to the year 1971. Yet, none of this seemed to matter to a regime that appeared determined to target minorities, like Ranjina, based on their religion and surname.

In a state which is being run by Chief Minister Himanta Biswa Sarma, who makes contentious statements by openly labelling Dhubri district of Assam as a “mini-Bangladesh” owing to the presence of Muslim population, it has now become clear that the targeting of marginalised people in Assam is more than just bureaucracy. Rather, it is a deliberate attempt to marginalise and terrorise communities like Ranjina’s. But in the face of this systemic injustice, there was a beacon of hope – Citizens for Justice and Peace (CJP). CJP has become a lifeline for people like Ranjina, the team has been offering legal support and counselling to those drowning in fear and despair.

The legal battle to prove Ranjina Bibi’s citizenship

CJP reached out to Ranjina and her family, standing by them in their darkest hour. At first, Ranjina was too scared to fight back against the state and the Reference Case notice. She had heard stories of families being dragged into debt and misery by the court battles. But CJP Assam team’s unwavering support gave her the strength to reclaim her courage.

The CJP Assam legal team, led by Advocate Ishkander Azad, meticulously prepared Ranjina’s case. However, the team knew that having the right documents was just the beginning. The main task was presenting the documents in the right way, finding credible witnesses, and convincing the Dhubri Foreigners Tribunal of the merits of the arguments raised on behalf of Rajina Bibi. This was especially challenging for Ranjina, as she was born in a different state, and her father had passed away long ago. Her elderly mother, who could barely move, was her only link to the past. But CJP did not waver. The legal team brought the necessary witnesses, navigated the complex legal maze, and ensured that Ranjina’s voice was heard.

In the end, the efforts of the team paid off as Ranjina’s case was won in the Tribunal itself, and she was no longer at risk of being torn from her family and thrown into a detention centre.

Now, Ranjina spends her days helping her children with their homework, managing her household with a sense of relief she hadn’t known in months. “It feels like a heavy burden has been lifted,” she told the CJP Assam team with tears in her eyes. “I may not have much to give, but I pray that the Almighty blesses CJP for their work. They must never stop fighting for people like us.”

Assam State in charge Nanda Ghosh and Dhubri District Volunteer Motivator Habibul Bepari personally delivering the order copy to Ranjina. In Ranjina’s words, this victory of hers was a testament to the tireless work of CJP’s Assam team.

With this, another “Bibi” (a commonly used surname of Muslim married woman in Assam) was saved from the nightmare of separation from her family. Another wife, mother, sister, and daughter was spared from the cruelty of the state. In a world where justice often seems out of reach, Ranjina’s story is a reminder that with courage, solidarity, and the right support, even the most marginalised voices can triumph.

The complete order can be read below:

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The post CJP impact! CJP legal team aid Ranjina Bibi, defy all odds to prove her citizenship appeared first on SabrangIndia.

Holding the same, the bench overturned the judgment of the Gauhati High Court, through which the present appellant had been declared foreigner on the grounds that he failed to discharge his burden under Section 9 of the Foreigners Act, 1946 and failed to prove that he is not a foreigner.

Brief facts of the case:

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

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

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

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

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

Submissions made before the Supreme Court:

By the appellant- 

The counsel for the appellant had submitted to the Court that Ali had been subjected to unfair treatment by the Tribunal as not even one fair opportunity was given to him to defend himself, even when Ali was facing serious penal consequences like detention and/or deportation from the country.

Referring to the impugned judgment of the High Court, the counsel claimed that the High Court had focussed on technicalities by accepting the issue of minor discrepancies in the documents, even as the same discrepancies were not of the nature to lead to a presumption in law that the documents were not correct. Additionally, the appellant also shed light on the medical certificate that was never examined by the High Court as well as the Tribunal.

“It was submitted that such declaration is totally perverse in the face of overwhelming evidence to show that the appellant besides being born in India and being a resident in India for his entire life and his blood relatives i.e., siblings and parents having been Indian citizens much prior to the cut-off date, the appellant has still been singled out to be declared a foreigner which does not stand to reason.” (Para 12)

By the respondent (state)-

As per the order, the counsel for the state of Assam provided that the present case was of illegal migration of a Bangladeshi national to India (Assam) after the cut-off date, and thus, has to be dealt with utmost caution, considering the adverse consequence of illegal migration on the whole country in general and the respondent-State in particular. With this, the state had taken action against Ali under Section 9 by providing that the onus is on the person proceeded against/alleged foreigner to prove that he is not a foreigner.

Withregards to the medical certificate, the respondent stated that the High Court, after verification, had found the authenticity of the said certificate to be fake and held that the appellant had taken recourse to falsehood with production of fake medical certificate. As per the submission, it was on the above count alone that the writ petition moved by Ali was dismissed, and the same cannot be said to be unreasonable warranting interference.

“It was submitted that this Court may also consider the fact that the proceedings against the appellant had already taken two decades to reach this stage and any further delay would defeat the very object and purpose of the Act which is speedy detection and deportation of illegal migrants/foreigners staying in India.” (Para 18)

Observation of the Court:

The Court began its analysis by stating that “Having considered the matter, the Court finds that grave miscarriage of justice has occasioned in the instant case.”

Notably, the bench had declared that it had kept Articles 14 (Right to equality) and 21 (Right to life and liberty) of the Constitution, which is available to both citizens and non-citizens, in mind while penning down the said judgment.

Lack of any basis for initiation of case against the Appellant-

The bench expressed dismay at the casual manner in which the authorities initiated proceedings on mere suspicion without any material.

“The question is that does Section 9 of the Act empower the Executive to pick a person at random, knock at his/her/their door, tell him/her/they/them ‘We suspect you of being a foreigner.’, and then rest easy basis Section 9? Let us contextualise this to the facts at hand.” (Para 34)

The Court noted that the originating point of the inquiry was SP (B) Nalbari’s direction to the Sub Inspector on May 12, 2004, but the same did not provide the basis upon which S.P. (B) Nalbari had issued the direction for inquiry.

“The pleadings and the record are silent as to what was the basis of the S.P. (B) Nalbari’s direction? What materials or information had come to his knowledge or possession that warranted his direction? Obviously, the State cannot proceed in such manner. Neither can we as a Court countenance such approach” (Para 34)

Based on the above-stated points, the bench proceeded to emphasise upon the requirement for the authorities to have material or information for suspecting a person to be a foreigner. Connecting the same to the present case, the Court stated that there is nothing on record to indicate even an iota of evidence against Ali except for the bald allegation that he had illegally migrated to India post the cut-off date.

“First, it is for the authorities concerned to have in their knowledge or possession, some material basis or information to suspect that a person is a foreigner and not an Indian. In the present case, though it is mentioned that from inquiry it was revealed that the appellant had migrated illegally to the State of Assam from Bangladesh after 25.03.1971 but nothing has come on record to indicate even an iota of evidence against him, except for the bald allegation that he had illegally migrated to India post 25.03.1971.” (Para 35)

On the allegation that the appellant was unable to provide evidence that he is a citizen of India when the inquiry was being made, the Court observed that to prove evidence to be negative, the accused will be needed to be aware of the evidence/material against him/her.

“It needs no reiteration that a person charged or accused would generally not be able to prove to the negative, if he/she is not aware of the evidence/material against him/her which leads to the person being labelled suspect. Ipso facto just an allegation/accusation cannot lead to shifting of the burden to the accused, unless he/she is confronted with the allegation as also the material backing such allegation.” (Para 35)

While refusing to go into the evidentiary value of the material at this stage, the bench stated that vague allegations, which simply reproduce the words of the provisions present in the act, cannot be permitted to be the basis of the charges against the accused. Furthermore, levying such vague charges and without supplying the accused with the necessary information and material cannot justify the burden on the accused to defend themselves.

“However, mere allegation, that too, being as vague as to mechanically reproduce simply the words which mirror the text of provisions in the Act cannot be permitted under law. Even for the person to discharge the burden statutorily imposed on him by virtue of Section 9 of the Act, the person has to be intimated of the information and material available against him, such that he/she can contest and defend the proceedings against him.” (Para 35)

In the present case, the bench held that it was specifically alleged that the appellant had come to Assam from Village Dorijahangirpur, district Mymansingh in Bangladesh. However, while the said imputation made it to be incumbent on the authority making the reference to the Tribunal to provide details as to how it had received such information of illegal migration and also the bona fide belief of such fact being true. Yet, the bench held that no such proof was submitted to the Tribunal by the authorities.

“In other words, the authority had been, as claimed, able to trace the appellant’s place of origin. Surely then, the authority had some material to back its assertion. The record does not show such material was given either to the appellant or the Tribunal by the authority.” (Para 36)

“In neither round of the proceedings before the Tribunal, whether it be the initial ex-parte one, or even after the matter was referred by this Court to the Tribunal to hear the appellant and pass an order, has it been revealed as to how and from where such specific allegation, down to the alleged village of origin of the appellant in Bangladesh was brought to or came to the knowledge of the authorities. Nor do we locate any supporting material.” (Para 37)

Based on the above provided analysis and reasoning, the Supreme Court bench held that in the absence of the such basic and primary material, it cannot be left to the untrammelled or arbitrary discretion of the authorities to initiate proceedings against individuals, especially when the same have life-altering and very serious consequences for the person. Thus, the basis of initiating such inquiries cannot be hearsay or bald and vague allegation(s).

The fact that the Gauhati High Court, before whom the matter has been since 2012, upheld such an unreasoned order of the Foreigners Tribunal (FT) is however disturbing as this means that in every such egregious case, justice can only be accepted from the apex court.

Go-by to the settled principles of natural justice-

The SC bench held that the authorities have gravely faulted at the inception stage itself by construing term ‘main grounds’ to be synonymous or interchangeable with the term ‘allegation(s)’.

“This error at the very inception stage is enough to render a fatal blow to the entire exercise undertaken. The term ‘main grounds’ is not synonymous or interchangeable with the term ‘allegation(s)’. There is no, and there cannot be any, ambiguity that ‘main grounds’ is totally distinct and different from the ‘allegation’ of being ‘a foreigner’.” (Para 38)

Highlighting the distinction between main grounds and allegations, the bench held that the material on which such allegation is founded has to be shared with the person. Clarifying that that strict proof of such allegation has to be given to the accused person at the initial stage, the Court stated that the said responsibility of the authorities as well as the principle of natural justice cannot be ignored by the authorities no matter the circumstances. The opportunity to be heard is a right of accused.

“However, under the garb of and by taking recourse to Section 9 of the Act, the authority, or for that matter, the Tribunal, cannot give a go-by to the settled principles of natural justice. Audi alteram partem does not merely envisage a fair and reasonable opportunity of being heard. In our opinion, it would encompass within itself the obligation to share material collected with the person/accused concerned. It is no longer res integra that principles of natural justice need to be observed.” (Para 39)

Burden to prove citizenship and the documents produced-

While dealing with the point of documents and certificates that were obtained by various officers and presented by the accused, the bench also referred to aspect of those who are uninformed/illiterate or persons who are not well-informed, who do not understand the requirement to obtain and hold an official document or remain without possessing property in their own names.

“Another relevant aspect is the prevalent situation on the ground where uninformed/illiterate persons or persons not being well-informed, in the absence of any requirement to obtain and hold an official document and without possessing property in their own names, would not have any official document issued by the government, State or Central. It is neither difficult nor inconceivable to fathom such scenario amongst the rural populace, including within Assam.” (Para 40)

Coming to the present case, the bench noted that the document provided by the appellant were disbelieved only on the ground of mismatch of actual English spelling of the names and discrepancy in dates. As per the bench, minor discrepancies cannot form the basis of pronouncing such as judgments that will subject the appellant to dire consequences.

“As far as the discrepancy (ies) in dates and spellings are concerned, we are of the view that the same are minor in nature. Variation in name spelling is not a foreign phenomenon in preparation of the Electoral Roll. Further, the Electoral Roll has no acceptance in the eyes of law insofar as proof of date of birth is concerned. A casual entry by the enumerators when noting and entering the name(s) and dates of birth(s) as also the address(es) of the person(s) while making preparatory surveys for the purposes of preparing the Electoral Rolls cannot visit the appellant with dire consequences. Moreover, in our country, sometimes a title is prefixed or suffixed to a name such that the same person may be known also by one or two aliases. The Tribunal seems to have been totally oblivious to all this.” (Para 41)

“The State of Assam, as per the Census 2011, boasts of 72.19% literacy rate, with females at 66.27% and males at 77.85%. However, this was not the case during the 1960s or even 1970s. Not just in Assam but in many States, it is seen that names of people, even on important government documents can have and do have varied spellings depending on them being in English or Hindi or Bangla or Assamese or any other language, for that matter. Moreover, names of persons which are written either by the persons preparing the Voters List or by the personnel making entries into different Government records, the spelling of the name, based upon its pronunciation, may take on slight variations. It is not uncommon throughout India that different spellings may be written in the regional/vernacular language and in English. Such/same person will have a differently spelt name in English and the local language. This is more pronounced where due to specific pronunciation habits or styles there can be different spellings for the same name in different languages.” (Para 42)

The court also noted that the appellant provided documents indicating his and his parents’ presence in India before March 25, 1971. After examining the documents presented by the appellant, the bench observed that from an overall discussion on the Report/opinion of the Tribunal, it is clear that there are minor discrepancy (ies) in the appellant’s documents, however their authenticity is not in doubt.

“In the considered opinion of this Court, the same would further buttress the appellant’s claim, that not being in the wrong, and being an ignorant person, he, truthfully and faithfully produced the official records as they were in his possession. We do not see any attempt by the appellant to get his official records prepared meticulously without any discrepancy. The conduct of an illegal migrant would not be so casual.” (Para 43)

Decision of the Court:

Based on the aforementioned observations and reasonings, the Supreme Court bench set aside the Gauhati High Court’s judgment and the Foreigners Tribunal’s order that declared Ali as a foreigner. The Supreme Cour bench found the order of the Tribunal to be “wholly unsustainable”.

The court further held that the inferences drawn by the Tribunal on the charges levied against the appellant do not falsify the appellant’s claim and defense. Furthermore, the bench found that in view of detailed analysis, the discrepancy(ies) in the material produced by the appellant can be termed minor and not be deemed sufficient to lead the Tribunal to doubt and disbelieve the appellant and the version put forth by him.

“This Court has found that the inferences drawn by the Tribunal do not falsify the appellant’s claim. In view of detailed analysis, the discrepancy(ies) in the material produced by the appellant can be termed minor. The same were not sufficient to lead the Tribunal to doubt and disbelieve the appellant and the version put forth by him. Thus, we are not inclined to remand the matter to the Tribunal for another round of consideration. Putting an authoritative quietus to the issue, the appellant is declared an Indian citizen and not a foreigner.” (Para 55)

The complete judgment can be read below.

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The post “Authorities cannot arbitrarily accuse people of being foreigners or initiate an investigation without a substantial basis” states Supreme Court while reinstating citizenship of a Muslim man appeared first on SabrangIndia.

Their struggles began when the Agomani Border Branch police served them a notice from the 10th Foreigners Tribunal of Dhubri. Mazam is a disabled and elderly man and was unable to work as he used to and his wife Saleya who constantly worried for their family, found their peace and livelihood under threat. The family of seven faced yet another major hardship added to their existing troubles.

Mazam’s father’s name was Bhuttu Sk and he was a government employee and a permanent resident of Ramraikuti village, which falls under the Agomani police station near the India-Bangladesh border. Bhuttu’s name was recorded in the 1951 NRC, and he even voted in the 1966 elections and continued to do so until his death. Mazam himself has been a voter in the Golokganj Assembly Constituency since his name was first put in the voting list.

His wife Saleya was born and raised in Jhaskal village, also under the Agomani police station. Her parents were permanent residents of Assam, and their names appeared in the 1966 voter list. Saleya married Mazam and their names were recorded in the 1985 voter list. Later she was married to Mazam Ali from a nearby village and their name was also recorded in the 1985 voter list.

Despite their parents documented voting history in their village Mazam and Saleya were arbitrarily labelled as ‘illegal foreigners’ and the couple also states that the authorities did not follow any due process when issuing the notice. The Reference Authority has on the other hand claimed that that an inquiry was conducted and the couple failed to provide sufficient documents to support their identity, which is why the case was referred to a tribunal. However, Mazam and Saleya denied any such visit or inquiry, telling CJP, “No one had visited or met us related to this issue.”

Mazam Ali has a hearing impairment and Saleya Bibi’s health is crushed by the stress and uncertainty of the entire process. Team CJP helped the couple in every step and motivated them to fight for justice. The team’s state in charge, Nanda Ghosh says after this success, “Our frequent interaction and sharing their life has made us one of them, like we part of their family.” In fact, on the day that the team handed over the judgement copy Saleya asked, “Who will I share things with now? Will you even come again?’

 
CJP Team with Saleya Bibi and Mazam Ali outside their home

The long battle for justice concluded with CJP’s state in charge Nanda Ghosh, Dhubri DVM Habibul Bepari, Dhubri District legal team member Advocate Ishkendar Azad, and Asikul Hussain arrive at the couple’s home to deliver the happy news and judgement copies in the last week of June, 2024.

The CJP team visits the couple to deliver the order

 The case was a challenging case, especially for getting documents. Mazam, who attended a school that relocated multiple times, had no documents from his school days. Saleya too who never attended school due to poverty and marrying at an early age, found it difficult to get documentation. However, the couple and the team’s strength and perseverance helped them succeed.

A long battle for justice came to end, but for CJP the battle continues. The process of documentation and finding certificates between parents and children that can prove one’s citizenship is always a tough challenge for team CJP.

CJP’s work has been a beacon of hope for many in Assam and the team has been tirelessly working to safeguard the rights of marginalised communities. Their efforts have led to the release of over 51 people who were wrongfully detained under suspicion of being illegal immigrants. From giving legal assistance, documents support, and counselling to those entangled in the complex and often unjust processes, the team goes above and beyond to help people on ground.

The orders may be read here:

Related:

Victory! One more Indian gets their citizenship back with the help of CJP!

CJP Assam: Standing strong come hail, come storm

 Frequently Asked Questions: Understanding the Citizenship Crisis in Assam

From Fear to Freedom: Sader & Molina’s Citizenship Journey in Assam

The post Another elderly couple rejoice as their citizenship is restored with CJP’s help 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 said order had been passed by a divisive bench of the High Court upon observing a worrying trend in the orders of the foreigner tribunals whereby declarations regarding one’s citizenship is given based merely recording material without analysis or failing to assign any reasons for their declarations.

“As almost 85% of the references have resulted in the proceedee being declared to be citizens, where it is noticed that in many such cases neither any decision nor any proper adjudication had been made and a conclusion had been arrived without stating any reason or without even analyzing the implication of the materials produced.” 

Findings of the Tribunal in the said case:

The divisive bench of the Gauhati High Court was hearing a writ petition filed by the petitioner against an order of the Foreigner Tribunal No. 2, Bongaigaon (Tribunal), declaring the petitioner to be a foreigner. The said order, dated October 29, 2019, had declared the petitioner to be a foreigner on the basis of a discrepancy in the name of his father. The documents relied on by the petitioner before the Tribunal stated his father’s name as Habi Rahman and Habibar Rahman, and the Tribunal rejected it on the grounds that such documents were not sufficient to prove that Habi Rahman and Habibar Rahman were one and the same person.

Decision of the High Court:

Minor discrepancies in the name to be ignored- The court had objected to the finding of the tribunal in the aforementioned case and observed that, “No material is also available on record which may show that the names of Habi Rahman and Habibar Rahman appeared together in the same document to give an indication that they are different person. In Sirajul Hoque Vs. State of Assam & Others reported (2019) 5 SCC 534, the Supreme Court was of the view that the minor variation in the spellings of the name is not to be made a basis to conclude that the two persons may be different persons,” the Court had said, as per the report of LiveLaw.

The Court had held the opinion that a minor discrepancy in the name of the person being depicted was required to be ignored. Additionally, the Court also provided that merely because of the discrepancy of the name between Habi Rahman and Habibar Rahman, the petitioner’s application for citizenship could not be rejected under the law unless it was proved that Habi Rahman and Habibar Rahman were two different persons. Therefore, the Court remanded the said matter to the Tribunal to re-examine the documents and pass a reasoned order.

Tribunals not following the law established- In its order, the Court deprecated the aforementioned trend being adopted by the Tribunals and it was noted that any conclusion reached by the Tribunals without following the law established and materials produced cannot be accepted. As per LiveLaw report, the bench observed:

“Such procedure adopted would have to be deprecated. The Tribunals are entrusted upon the jurisdiction to adjudicate a reference made and decide upon the materials produced before it by giving reasons as to whether the materials indicated the person to be a foreigner or a citizen. Any conclusion arrived dehors any decision or adjudication cannot be an acceptable conclusion and it has to be construed that the Tribunals had not discharged the jurisdiction vested upon it under the law.”

The Court further noted that in some other cases, a proceedee had been deemed to be a foreigner by a Tribunal without providing any explanation for the said decision. As per the bench, some of these decisions had been made by the Tribunal without even referencing to the evidence that was available on record. With regards to this, the Court also emphasised on the instances where the same procedure (or lack thereof) had been employed by the Tribunal to wrongly declare a proceedee to be a citizen or a foreigner. The court deprecated the conduct of the Tribunal, deeming it to have serious consequences.

As per the LiveLaw report, the Court stated: “But we are afraid to observe that in much many more other orders, the same procedure of describing the materials produced is adopted but without analyzing the implication of the materials or without stating any reason and without arriving at any decision, a conclusion is arrived that in the view of the Tribunal, the proceedee concerned is a citizen. In some of the matters, it is noticed that even there is no proper recording as to what material has been relied upon which would be a basis for the conclusion arrived. Such procedure adopted would have a far more serious consequence.”

Accordingly, as provided by the report of LiveLaw, the Court directed the Secretary to the Government of Assam, Home Department, to conduct a departmental review of all such references that had been made by the Tribunals declaring the proceedees to be citizens. Subsequently, it was directed by the Court that wherever it was noticed that any such conclusion or declaration of proceedings had been made without any analysis of the materials or without providing for any reason thereof and no decision had been arrived at, the Home Department would be free to take any appropriate measures as may be available under the law.

It was further opined that if any action or measure was taken, then it should strictly comply with the required procedure of law as may be applicable for the purpose and should also comply with the principles of natural justice.

“we require the Secretary to the Government of Assam in the Home Department, to conduct a departmental review of all such references…and to take appropriate measures as may be available under the law. Any further action that may be taken pursuant to this order, the result thereof be put up in the public domain or before the people of the State for their knowledge, as the matter of illegal migrants in the State of Assam is an issue which may affect the entire State,” the Court added, as per LiveLaw.

Related:

Assam: Fourteen persons despatched to detention camp, families left frantic

Assam eviction drive compels evicted women to take drastic steps

A decade of suffering, unyielding pursuit of citizenship by Assam woman

ECI’s final de-limitation order seals fears of Muslim marginalisation in Assam

Assam Citizenship Crisis: Family forced to prove deceased member’s citizenship

The post Gauhati HC: “Foreigner’s Tribunals declaring applicants/proceedees to be citizens/foreigners without following law, analysing material placed on record” appeared first on SabrangIndia.

The division bench, presided over by Chief Justice Sandeep Mehta and Justice Arun Dev Choudhury, sought to address the issue of compensation for the kin of inmates who passed away while in detention. The court highlighted that out of 31 cases of death in custody, only one had undergone an enquiry by a magistrate and just one case received compensation from the Inspector General (Prisons), Assam, to the bereaved family.

During the hearing on 20th July, 2023 Ms. R.S. Chowdhury, counsel for the petitioners, drew attention to the affidavit filed by the State authorities on12th May 2023 which shed light on the existing situation. It was disclosed that only one case of the 31 deaths had undergone an inquiry, and only one family had been granted compensation under Section 357A of the Criminal Procedure Code (CRPC).

Taking note of this information, the court directed Mr. B. Gogoi, the government counsel, to get instructions from the State on whether they intended to provide compensation to the families of all prisoners who died in custody or not. This compensation would be granted by considering them as victims under Section 357A of the CrPC.

Furthermore, the petitioners’ counsel pointed out a significant and concerning aspect of the data: 13 out of the 31 reported deaths occurred within the confines of Goalpara Jail. The court has instructed the Government counsel to seek clarification on this specific circumstance from the record.

The PIL filed by Studio Nilima Collaborative Network for Research and Capacity Building aims to address the rising number of deaths of inmates declared as foreign nationals, particularly within Goalpara District Jail. The Court had previously directed the Advocate General of Assam to provide information on whether magisterial enquiries under Section 176 of the CrPC had been conducted in cases involving prisoner deaths.

The matter has been listed next for further consideration on 25th of July.

Order can be read here.

Related:

Assam CM sparks outrage for remarks on ‘Miya’ Community, criticised for divisive language

Horrors of Citizenship Crisis seem endless to Harimohan Barman as CJP steps in to help

Assam Woman granted Indian Citizenship after CJP’s tireless advocacy

Resolute and Determined: CJP Assam makes headway through 2023

The post Gauhati High Court seeks clarity from Assam government on compensation for death of detainees appeared first on SabrangIndia.

Omesha was born and brought up at village Haribhanga under Fulbari Police station of West Garo Hills, Meghalaya about 55 years ago. She was a daughter to 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 Assam. Omesha bibi lived a hand to mouth life, where she and her husband, who is a farmer, made a living by farming and selling vegetables. Omesha bibi came from a very poor family, both educationally and socially.

The FT notice, and the case against Omesha Bibi

Omesha bibi became extremely concerned after receiving the FT notice, anxiety consumed her and she even stopped eating. The CJP team then took over her case and fought it in the Tribunal. The case against Omesha bibi was based on the allegations that “she had illegally entered the territory of India between the period of January 1, 1966 and March 24, 1971, or post March 25, 1971,” and has been living in India illegally since then. The CJP’s legal team meticulously garnered facts and legally valued documents that established that these allegations were baseless and thereafter put the comprehensive case in defence before the Tribunal. Our legal team argued as to how could Omesha bibi, who was born in Meghalaya and married in Assam, be suspected of being a foreigner in this arbitrary fashion?

The arguments relied upon by the CJP legal team

Arguments proferred by CJP’s legal team also highlighted hat the investigation officer of the case had neither visited Omesha bibi’s house, nor asked to produce any documents regarding her citizenship or nationality. Additionally, in spite of not conducting a fair investigation or a proper enquiry, the investigation officer falsely submitted a report in the case against her.

The CJP legal team, using all the documentary proof listed below, asserted that Omesha bibi is Indian by birth, and that only was she born and brought up in India, even her parents and her grandparents where born in this country, and they have sufficient documents to prove them.

Establishing the family line:

The background of the parents and grandparents of Omesha bibi was then established by the CJP legal team. Omesha bibi’s father and grandfather were born and brought up in village Takimari, which falls under the South Salmara Police Station  of then Goalpara District  and now Dhubri district of Assam. Notably, Omesha’s father name has been recorded along with her grandparents and uncle in the copy of the N.R.C conducted in 1951. The name of her grandfather, along with her uncle name, has been recorded in the Final Khatian of Land Revenue Record on 1962.

It was then also provided to the Tribunal that due to the soil erosion caused by the Brahmaputra river, Omesha’s grandparents, along with the father and other family members, had to shift from the village of Takimari under South Salmara Police station, then Goalpara now Dhubri, Assam into the village of Haribhanga. Village Haribhanga fell under the jurisdiction of Fulbari police station of the West Garo Hills district of the state of Meghalaya in the year of 1964. Notably, the name of Omesha’s parents, along with grandparents, had also been recorded in the voter list of the years 1977 and 1983 in the state of Meghalaya. All these documents proving her lineage were presented to the court to disprove the assertion made in the FT notice that Omesha bibi entered India illegally.

In addition to the above-mentioned documents, the land documents of the year 1986 were also provided. Apart from this, documents showing Omesha bibi’s own name in the voter list of the years 1985, 1997, till the year 2022 were provided. In short, Omesha bibi provided all the necessary documents in the court that were needed to prove her citizenship as an Indian.

The legal battle and the tribunal’s decision

The basis of the case against Omesha bibi relied on the accusation levelled against her that she had entered India illegally. To prove the said allegation to be completely false and baseless, the CJP legal team rigorously fought for her in the Goalpara foreigner’s tribunal. Even though accessing the documentation and proofs was extremely difficult and challenging, the dedicated CJP team accomplished the task. And, after eleven months of hard work by the CJP team, Omesha has now finally been declared an Indian citizen by the FT!

On May 18, 2023, on behalf of the CJP Assam team, Nanda Ghosh, the state-incharge of the Assam team, Advocate Ashim Mubarak, CJP legal team member, and Jeshmin Sultana and Reshminara Begum, DVMs of Goalpara, met with Omesha Bibi to handover the judgment copy of her case. Omesha bibi and her husaband were full of happiness and relief to have received a positive judgement in her case.

“May Allah bless you,” Omesha and her husband said, blessing the team.  Her husband added, “We are poor and simple people, who got so very worried having received the FT notice.”

Omesha bibi then told the CJP team, “even though I was scared, I was always praying a dua for you during namaz.”

The order of the FT court can be read here:

Related:

Assam: CJP Advocates for Women Confronting the Uphill Battle of Citizenship

Victory! CJP helps secure release of 9 Detention Camp inmates in Assam

CJP Impact: Mother of five becomes 32nd inmate to be released from Assam Detention Camp

Victory! CJP helps two more Assam detention camp inmates get released on bail

Detention Camp survivor’s family pleads that they be spared further misery

The post Victory! CJP puts up an 11 month fight to prove citizenship of Omesha bibi, a farmer’s wife appeared first on SabrangIndia.

In yet another victory, a native of Assam who had been “suspected of being a foreigner” by a Foreigners’ Tribunal (FT) in Goalpara District, Assam, has finally been certified an Indian citizen!

A 68-year-old elderly woman, namely Ajibun Nessa, daughter of Late Abdul Sheikh @ Abdul Rahman and Motijan Bewa @ Buri Pagli Bewa, belonging to the “Goriya Muslim” community was put under the scanner by the state. The Goriya Muslim community has already been identified as the “khilonjia,” or the Assam’s original inhabitants.

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.

The case of Ajibun Nessa was referred by the S.I. (Border) of Goalpara, who suspected Ajibun Nessa of being a foreigner because she failed to present any documents during the spot inquiry. Following that, the S.I. (Border) sent the 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 bring 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 yet, 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.

“I was quite worried after receiving the warning from FT!” said Ajibun as she spoke to the CJP Team. She continued, “The largest detention centre has been established here. People have told me that many elderly women have been jailed and mistreated in various jails. So, this notice kept me awake.”

“However, I was somewhat relieved when CJP supported my legal battle and treated the situation seriously,” Ajibun added.

Meanwhile, following the death of Abdul Sheikh’s first wife, her father had re-married to Ajibun’s mother, Motijan. Her family has lived a life struggling with poverty. In addition to this, Ajibun’s mother was not completely mentally mature, and that is why her mother was called “Buri pagli ” by the villagers. Thus, the above stated struggles, and various other reasons resulted in Abijun’s childhood being difficult.

She married Abjel Ali, son of Tofik Sheikh of village Bamunpara under Matia police station of Goalpara District Assam, when she was about 21 years old.

It is worth noting that Ajiabun possesses sufficient documentation to prove her Indian citizenship at the foreigners’ tribunal. Our advocates submitted Ajibun’s written statement, along with NRC 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.

The two months of hard work put in by the CJP Team concluded with Ajibun Nesha being declared an Indian citizen, in a relatively short amount of time.

Ajibun was delighted when the CJP Team arrived at her house this week with the judgment copy by FT.

She smiled and prayed for the CJP team. “May Allah bless you!” she said. “I pray that CJP continues to fight and support the defenceless individuals in this fight for our rights,” she added. “The government should stop harassing and persecuting poor people in this manner in the name of D!” she added.

The full judgment copy can be read here.

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