The announcement comes at a politically significant time—during the ongoing nomination process for the panchayat elections. This has prompted concerns about whether this declaration is a genuine policy measure or merely a tactical “lollipop” to secure the Koch Rajbongshi vote bank before the polls. Especially because there are no ethnic or other specific “markers” for the Koch Rajbongshi tribes that can demographically mark them out as is being claimed.

How can the State identify Koch Rajbongshi individuals in Tribunal cases?

A critical question arising from this announcement is the feasibility of identifying who belongs to the Koch Rajbongshi community from among those facing cases in the Foreigners’ Tribunals. According to several legal aid activists and activists working on the citizenship issue before Assam’s foreigners’ tribunals (FTs), the case records typically do not mention community identities explicitly. In fact, most proceedings mention the mother tongue of the accused as Bengali. Moreover, common surnames such as Roy, Barman, and Sarkar—used widely by both Koch Rajbongshis and Bengali Hindus—further blur community lines.

Given this lack of community-specific data in case records, it remains unclear how the state arrived at the figure of 28,000 Koch Rajbongshi individuals facing cases. There is no legal or administrative categorisation in the Foreigners’ Tribunal system that identifies a person’s ethnicity or tribe or caste, raising serious doubts about the authenticity of this figure.

Ongoing cases raise doubts about implementation

Despite the CM’s assurance that the cases would be revoked immediately, on-ground developments suggest otherwise. It is essential to note that merely two days after the announcement, a person named Kishor Barman—belonging to the Koch Rajbongshi community—was heard in a case at the Kajalgaon Foreigners’ Tribunal. The case is currently being fought by the Assam legal team of Citizens for Justice and Peace (CJP), and his next hearing is scheduled for April 11, 2025.

If the state truly intends to withdraw all cases against Koch Rajbongshis, why are tribunal proceedings still ongoing for community members like Barman? This discrepancy further undermines the credibility of the Chief Minister’s statement.

Previous announcements and inconsistencies

As provided by local experts, this is not the first time such an announcement has been made. On August 4, 2021, CM Sarma had similarly declared that no new cases would be registered against members of the Gorkha community.

You will be further happy to note that Assam cabinet took a decision today not prosecute any Gorkha citizen under the Citizenship Amendment Act 1955 and also to withdraw all pending prosecution relating to Gorkhas from foreigners tribunals https://t.co/YEYXw0raWe

— Himanta Biswa Sarma (@himantabiswa) August 4, 2021

However, this commitment also appeared hollow in practice. In 2023, Gorkha individuals reportedly had to pay fines to the Electoral Registration Officer (ERO) due to the ‘D-voter’ tag, which should not have applied to them if the 2021 decision had been fully implemented. One such case reached the Gauhati High Court, where even a retired Indian Army personnel had to defend his citizenship status.

Contradictions in the “Indigenous” narrative

Another contradiction lies in the government’s use of the term “indigenous” to justify the withdrawal of cases. While the cabinet claims the Koch Rajbongshis are indigenous to Assam, several other communities—such as the Goria, Moria, Deshi, Jolah (tea tribe), and Sayeed Muslims—have also been classified as indigenous by the same government. Yet, thousands from these communities continue to face proceedings in Foreigners’ Tribunals. If indigeneity is the criterion for revoking cases, then why are these communities excluded?

Adding to the confusion is the fact that the Assam Assembly has yet to define the term “original inhabitants” or “Khilonjia.” Without a clear legal framework or official classification, how can the Chief Minister unilaterally decide who qualifies as indigenous and who does not?

Background and political context

The Koch Rajbongshis trace their roots to the historic Kamata kingdom, which spanned parts of modern-day Assam, West Bengal, Nepal, and Bangladesh. Many members of the community migrated over time, especially during the creation of Bangladesh, from regions like Rangpur and Mymensingh. Despite their ancestral connections to Assam, they have been subjected to political and legal harassment, often being labelled as ‘foreigners.’

The demand to withdraw Foreigners’ Tribunal cases against them has been longstanding, tied closely to the community’s demand for Scheduled Tribe (ST) status—a promise first made by the BJP in the run-up to the 2014 Lok Sabha elections.

According to the Union Government’s affidavit submitted to the Supreme Court on December 11, 2023, a total of 3,34,966 cases had been disposed of by the 100 Foreigners’ Tribunals operational in Assam, and 97,714 cases remained pending as of October 31, 2023. CM Sarma’s claim that 28,000 of these pending cases belong to the Koch Rajbongshi community thus raises serious questions—especially in the absence of any demographic mechanism within the tribunals to identify community affiliation.

Conclusion: An announcement riddled with unanswered questions

While the announcement may seem historic and progressive at first glance, it is riddled with inconsistencies, practical difficulties, and electoral undertones. Without a clear mechanism to identify Koch Rajbongshi individuals in Foreigners’ Tribunal records, and with ongoing cases contradicting the promise of blanket withdrawal, the credibility of the government’s decision remains in serious doubt.

Unless the state releases a transparent, verifiable methodology explaining how it identified the 28,000 cases and issues concrete instructions to tribunals, this announcement risks being yet another political stunt dressed up as a policy reform—offering hope without substance.

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The post 28,000 cases withdrawn or votes secured? Assam CM’s move to drop ‘Foreigner’ cases against Koch Rajbongshi promise under scrutiny appeared first on SabrangIndia.

How is it possible for genuine Indians to be rendered “stateless” after a “notice” with malafide facts is served on them? Visit Assam.

Sader’s father Buttu Sk was about 29-years- old during the time of National Registry of Citizens (NRC) in 1951. Buttu Sk’s name was also recorded in the 1951 NRC, he served as a Chowkidar in the Satrasal Gram Panchayat.

Today, he runs a small vegetable ‘thela’ (cart) in the weekly market to provide for the family. His son, young Ainul, works as a driver to make sure his little daughter is able to get education.  This little family has been under mental pressure and severe distress until lately due to the citizenship crisis in Assam that had plagued them for more than one year.

Sader Ali and his wife, Molina Bibi have been married for decades and now live with their son and granddaughter. Sader, who is not less than 60 years old, was forced to run to courts and procure documents despite his old age when he should be playing with his granddaughter.

Sader Ali and his son Ainul Haque run a small family of 5 members in a remote part of India which rarely people get to hear about. They reside very close to the Indo-Bangladesh International Border in a village called Ramraikuti, which is considered by many the last village of India.

Molina Bibi holing up her FT Order

On a hot summer day, a man in civil dress handed his wife four pieces of paper and told them to go to court. Sader was working on a vegetable field and was away when this happened. He rushed back to talk to the man but he could not meet him. It was the notice for being summoned to one of Assam’s dreaded Foreigners’ Tribunals.

Sader and his family belong to the “Deshi” community which is recognised as indigenous by the Assam Assembly. However, Sader found no help from official quarters in this hour of grief and despair to assist or help him. However, soon thereafter, his son, Ainul, managed to contact Team CJP for help.

It was a terrifying ordeal and the couple was traumatised. Molina was born in the state of West Bengal, and had never heard of, nor experienced, the citizenship issue that is plaguing the country. However, she had all the right documents required. She had enrolled her name as a voter in Assam as soon as she reached the legal age and never skipped an opportunity to vote. Her father, Mokbul Hussain, was a voter from the Balabhut village of West Bengal. His name was also recorded in the year of 1966 voter list.

She was married to Sader Ali and spent her life working hard with her husband to build a happy family. But this citizenship catastrophe, and the fear of detention camp, put her in deep turmoil and trauma at this stage of life.

It’s essential to note that both Sader and Molina’s father Buttu Sk and Mokbul Hussain were recorded in the voter list of 1966 from their Ramraikuti (now Ramraikuti part I) of Dhubri (then Goalpara) district of Assam, and Balabhul village of Coochbehar district of West Bengal respectively. Even Buttu Sk and his wife’s name was found in 1951 NRC and 1958 voter list. Their presence in early records clearly proves that none of them has any relation with Bangladesh.

Which brings into question the action and role of Assam Border Police, Referral Authority and Foreigner Tribunal.

Initially the reference to being a suspected foreigner was made against them in the year 2002 and the notice was served 20 years later in the year 2022. In the reference it was said in both the cases, the person illegally entered into India from village Bahalguri, Bhurungamari, and district Rangpur Country of Bangladesh after March 25, 1971 “for livelihood without any valid documents through the Jhowkuti Border of West Bengal. It also said that the couple could not produce any documents during the inquiry into their citizenship.” All these bald statements made in the reference were rank falsehoods as the case documents and trajectory thereafter, proved.

In our findings on Google Maps, it was found that Jhowkuti was very near to the victims house and Sader Ali used to set up his small vegetable stall in the market. Since Sader lives close to the Bangladesh border, his village is very close to Bahalguri in Bangladesh.

The family is on record stating that no official had even come to their place for any inquiry or investigation regarding their citizenship. In the experience of several on ground activists, working round the clock with CJP’s Team Assam, that it is a common phenomenon in every reference case that no authority ever visits the victim’s house for any kind of inquiry or investigation.

On CJP Team Assam’s first meeting with the victim’s family, the family seemed very tense, which is a normal and common reaction. To fight these cases, one has to be very strong financially as well as mentally. People generally get frustrated easily with even a single case because to search for lost documents and appear for hearing is nothing less than an extreme form of harassment.

Sader, who has two notices against his identity, did not have either, money or energy, to fight the case. Thus, Team CJP’s first job was to counsel the family and make them mentally prepared to stand up to the legal battle. While examining the documents Sader claimed in his native Deshi Goalpara dialect, “Abba ai gramote chakri korsil, mor bemar taka poisa nai, ela bole amrai bideshi! (My father was a government servant in this village. I’m suffering from illness, don’t have money, and now we are foreigners!!) Sader couldn’t hold back his tears, the agony was clear in his face but he knew no one would come forward to help them. After counselling the family, and examining the documents, the team launched the legal battle. CJP’s legal team member advocate Ishkendar Azad fought his case in the Foreigner Tribunal Nos 10 at Dhubri.

Apart from Sader, his wife Molina also had all the necessary documents. Despite this fact however, when the team first met her she was in a state of terror, lost and in a daze, not saying anything. Finally, after many reassurances, she blurted out, “Baba..mor toh ati kaio nai, mor bari Bengali..mor ki hoibe!” (Son..I don’t have anyone here, I was born in West Bengal, what will happen to me?)

The fact that Molina hails from West Bengal made it more challenging to access her documents from the government of West Bengal and also to ensure the physical presence, as witness, from among the lower bureaucracy in that state. The process meant several calls, physical visits to that state and persistence: to obtain some official’s agreement to be present as a witness before the Tribunal. Not leaving anything to chance, Team CJP did all it could to alleviate the troubles of the family.

The fact that Molina was the daughter of Mokibul Hussain, and this fact was acknowledged by the Gram Panchayat in their official certificate, ensured official “proof.”. CJP’s Team ensured, after repeated requests, that the Gram Panchayat members from West Bengal came as witnesses in Molina’s case.

Sader Ali and Molina Bibi holding up their FT Orders

It was after a prolonged legal battle, one that demanded minute diligence and persistence on the part of CJP’s legal and para legal team, within the Tribunal and on ground to access and file all documents that CJP could finally achieve a substantive victory. Sader and Molina, an elderly couple could find long-lost happiness and peace. Victory was sweet when just five days ago, on March 19, 2024, finally, on behalf of team CJP, Assam State Incharge Nanda Ghosh and DVM of Dhubri District Habibul Bepari handed over the copy of the judgement from the Tribunal, to the couple.

“A ticket to heaven!” Molina claimed while holding the judgement copy that declared her as Indian close to her chest. With the help of CJP, the family was able to rejoice in the month of Ramzan. Out of sheer reliedf and happiness, Sader arranged an Iftar for the Team CJP when he heard that he, and his wife, had both been declared as Indian.

To many this may appear as a small or ordinary celebration. In the hapless state of Assam however—where the combined troika of the Assam Border Police, the State Election Commission and the Bureaucracy, can arbitrarily –without due examine—impose statelessness, on an Indian by birth and ancestry, such a victory is profound and meaningful. Written and oral evidence before the tribunal requires a combined diligence between the legal and para legal approaches. This si what CJP’s Team Assam brings to the people in the state.

As our team was leaving her home after delivering her a copy of the March 19, 2024 judgement, Molina called out, “Don’t forget us, come often to visit. May Allah bless you all.”

Their orders may be viewed here:

Molina Bibi FT Order 24 January 2024 Sader Ali FT Order 28 December 2023

Related:

CJP Victory! After 3 years of a legal battle, freedom fighter’s daughter, Seje Bala Ghosh, is finally declared Indian

 Frequently Asked Questions: Understanding the Citizenship Crisis in Assam

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CJP moves NCM against Shiladitya Dev for targeting the ‘Miya Muslim’ community of Assam

The post A couple declared Indian again after more than a year of struggle, after CJP steps in appeared first on SabrangIndia.

In April 2022, she was served a ‘suspected foreigner’ notice from the Foreigner Tribunal in Chirang. She was all alone at home. Her husband was away in Kerala for work – she had absolutely no idea how to proceed. She was distraught at the thought of how she would collect her documents. 

It was at this stage that CJP found out about her case and reached out. CJP Assam’s team member Kalam helped her collect her documents along with her younger brother.

CJP’s humanitarian work in Assam is grounded in the vision of humanitarian legal aid, laced with dignity, not just a bureaucratic exercise to mechanically tick off some boxes. CJP has stood unwaveringly over the years with people as they face trial, disenfranchisement, and persecution. It is with this abiding commitment that CJP makes sustained efforts to maintain lasting contact with people – regardless of whether their citizenship trials and concerns are over or not. CJP considers the task of rehabilitation towards a life of dignity a priority and concern.

CJP has kept in touch and visited Sumitra Bala since 2022. In June 2022, for instance, CJP counselled Sumitra Bala as she was worried about her upcoming appearance at the Tribunal and assured her that CJP’s team would be there with her every step of the way. Thereafter, CJP continued to assist her in collecting her documents. The following month as well, CJP discussed her upcoming hearing with her lawyer over a call, who told the team that she would be unable to collect the requisite documents for Sumitra Bala. CJP’s team discussed what the lawyer said with Sumitra Bala and resolved that they would pick up the documents. By this time, Sumitra Bala’s husband also promised to pitch in collecting the remaining documents as he was back in Assam.

It has not been an easy ride, but CJP perseveres with the people of Assam. Sumitra Bala continued to face many hurdles, facing a back-breaking setback when her lawyer refused to work for her. CJP’s District Voluntary Motivator Abul Kalam Azad then tried several times to successfully get a NOC (no objection certificate) from the lawyer in Kajalgaon.

Sumitra Bala’s case is still pending today in the Chirang Foreigners Tribunal. Her citizenship remains suspect. Her case was supposed to have ended in September 2022. Still, it did not, revealing the insidious way in which Foreigner trials persist in Assam, making the prospect of possible statelessness loom over for months and sometimes years. CJP, however, continues to counsel Sumitra Bala, ensuring that they assist her every step of the way – discussing with her lawyer or ensuring her documents are in order – and even in keeping alive her hopes.

Related:

CJP Impact: A Muslim daily wage earner, suspected of being a foreigner, declared Indian!

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

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The post Abandoned by legal counsel CJP stands by woman suspected of being a foreigner appeared first on SabrangIndia.

Residents of Assam’s Dhubri district are suddenly inundated with notices telling them that as they are suspected foreigners, and that they must appear before the local foreigners’ tribunal (FT) and defend their Indian citizenship. In some villages recipients also include people from indigenous communities.

“We have observed an increase in the number of notices served in four districts over the last two weeks. These are Dhubri, Bongaigaon, Chirang and South Salmara-Mankachar,” says Nanda Ghosh, CJP Assam state team in-charge. “In one village named Shennagar in Dhubri, notices had been served in almost all homes, despite the fact that the village is inhabited predominantly by Deshi Muslims, a community that traces its ancestors back to undivided Goalpara, and that has recently been granted the status of Indigenous community by the state government,” he says.

Readers would recall that on July 5, the Assam Cabinet led by Chief Minister Himanta Biswa Sarma approved the inclusion of five sub-groups in a list of Indigenous Assamese Muslims in the state. The Cabinet has identified Goriya, Moriya, Jolha, Deshi, and Syed sub-groups of Assamese Muslims as Indigenous.

This week the CJP team comprising Ghosh, District Volunteer Motivator Habibul Bepari and our local community volunteers visited the villages of Shennagar, Moisha and Kherbari to assess the situation. We discovered that all the people who were served notices hailed from extremely economically backward families.

We found fear and confusion on all faces, as we met these people clutching the FT notices delivered to them. Many of these people are homeless, most are daily wage labourers who cannot afford to miss even one day of work, or else they will have to sleep on an empty stomach that night. Some of them work as agricultural labourers in fields owned by others, and most are uneducated. They said they had no connection to Bangladesh.

In Shennagar, we met Nasir Uddin Sheikh and his wife Jahira Bibi. They are in their 70s and still forced to work to sustain themselves as they have been abandoned by their children. “Our duty was to raise them, but we must have failed in that duty as they are not looking after us,” sighed Jahira Bibi who appears to have made peace with her fate. But the couple was flummoxed to receive an FT notice essentially asking them to prove their identity. The CJP team found that they had documents from 1966 and 1971. Nasir Uddin Sheikh wonders, “Perhaps they are mocking us,” and then engages in some dark humour himself, “We will happily join them if they arrange food for us.”

In Golakganj, Aklima Sarkar can’t comprehend how her life got to be just a series of tragedies. She had just recovered from a serious illness when she was served an FT notice. She has lost sleep, cries helplessly and has lost all hope. When the CJP team visited her after getting information from community volunteer Elias Sarkar, she tried to hide the FT notice, but her anxiety gave her away and she broke down.

Sarkar does not even have a home and lives with the family for whom she works as a domestic help. “Even if I did have a home, who would I go back home to? Who is waiting for me?” asks the 70-year-old childless widow. “All I want at this stage in my life is to life in peace. But now I have to go to an FT! I have never set foot outside alone!”

Nanda Ghosh informs, “We examined her documents and CJP will assist her in the FT case. But first we had to counsel her to stay strong as her emotional state was very fragile. It took a few hours, but we were able to help her gain composure.”

At present the CJP team is taking stock of many similar cases and will then assist these people in defending their citizenship before FTs.

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Assam: Five sub-groups identified as Indigenous Assamese Muslims

The post People of Assam shocked at sudden increase in FT notices appeared first on SabrangIndia.

Citizens for Justice and Peace (CJP) has helped yet another person defend their Indian citizenship before a Foreigners’ Tribunal (FT) in Assam. On July 27, 2022, our team gave a copy of a favourable order to Asiya Bibi, bringing the hapless woman much relief.

The positive resolution of her case comes close at the heels of a similar victory in the case of Mohan Roy of Barpeta. Earlier this month, with CJP’s help, Mohan Roy, the son of Bangladeshi refugees who were naturalized as Indian citizens, was able to prove his case before a FT in Assam.

Asiya Bibi, whose family had been forced to migrate due to floods, had faced as many as three different FT cases! But CJP’s legal team helped her present a written statement and all supporting documents to prove herself Indian.

Brief background of the case

Asiya Bibi was born to Lt Abdul Hai and Romisha Bewa in Tekona village, which falls under the jurisdiction of Lakhipur police station in the Goalpara district of Assam. Her father was also born at the same village, but he died before 1966, leaving behind five children. She was raised by her older brother Nurut Jaman.

However, Abdul Hai’s name had been duly recorded in the National Register of Citizens (NRC) of 1951, after his death, Romisha Bewa’s name was recorded in the 1966,1971’s voter list and so on. 

Later, Asiya Bibi married Alauddin Sheikh, son of Abbas Sheikh, from Padmarvita village, which falls under Fakiganj police station of Dhubri district of Assam. Her name was recorded in voters list for the first time along with her husband in 1985, under the Legislative Assembly Constituency (LAC) of Jaleswar. 

In 2004, due to the erosion of the river Brahmaputra, Asiya Bibi and her husband had to shift to Barvita village, which falls under the jurisdiction of Krishnai police station of Goalpara district of Assam, India. However, they continued to vote at their previous place, i.e Padmarvita village of Jaleswar LAC.

But this did not stop the authorities from registering three different FT cases against Asiya Bibi in 2007, 2016 and 2020 (Cases- 164/2007, 1507/K/16 and GFT(2)/645/2020).

CJP steps in

Asiya Bibi had been served notice on January 27, 2022, and she feared that she would be taken to a detention camp. Her son offered her comfort and she approached CJP for help. On February 1, 2022, Goalpara District Volunteer Motivator Zesmin Sultana and Roshminara Begum met Asiya Bibi on behalf of the CJP team at her home in Barvita village.

We found that her financial condition is not so good. Our team collected her documents and sent them to CJP Assam state team in-charge Nanda Ghosh, who discussed the matter in detail with CJP Assam legal team member Advocate Ashim Mobarak. After that, our team went to her house for 5 to 6 days to compile and verify her documentation, so that we could pursue her case in the Goalpara FT.

Then, with the help of Adv. Ashim Mubarak, Asiya Bibi filed a written statement before the FT stating that she was an Indian Citizen by birth, and also produced various documents in support of her statement. These included a copy of the 1951 NRC data with her father’s name, and certified copies of 1966 and 1971 voters lists, where her mother Romisha Bewa’s name was recorded. She also submitted that she had studied up to class IV at the Katarihara LP school in 1971, and produced a certificate from the school. She also submitted certified copies of voters lists of 1985, 1997, 2005, 2010, and 2015, along with her voter ID. She also submitted a copy of the certificate from the Village secretary recording her transfer from her natal village to her marital village (Gaon Burah certificate).

The FT carefully examined all these documents and found her to be an Indian citizen by birth.

On July 27, Nanda Ghosh, Zesmin Sultana, Roshminara Begum Adv. Ashim Mubarak, and Community volunteer Zakir Hussain were driven to Asiya Bibi’s house by office car driver Ashikul Hussain, and they handed over the judgment copy to Asiya Bibi.

Finally feeling relieved, she told our team, “Life is very complicated, it is difficult to tell when something will happen…” She told us about shifting to Barvita saying, “At that time many people’s houses were destroyed by flood, many crops were destroyed. We also had some documents that were damaged and some were lost at that time.” She felt that might have been the reason behind the entire ordeal, and expressed gratitude towards CJP, “Thank you all for helping me during this crisis period.”

Advocate Ashim Mubarak said, “I was able to finish the case quite quickly, thanks to the diligent work by DVMs Zesmin and Roshminara with respect to documentation.”

It was almost sunset by the time our team left Asiya Bibi’s home. Nanda Ghosh and Ashikul first dropped the rest of the team home before returning to their own homes, two districts away, by 11 P.M.

A copy of the FT Order may be read here: 

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The post Victory! CJP helps another Assam woman defend her Indian citizenship before FT appeared first on SabrangIndia.

Life had already dealt Champa Das a tough hand. Not only was she a Dalit woman, she had been living in penury after the death of her husband and son. But things got even worse when she was served notice to appear before a Foreigners’ Tribunal in Assam and defend her Indian citizenship. But she was spared the cruel fate of spending life behind bars in a detention centre after Citizens for Justice and Peace (CJP) took up her case and after long and persistent efforts, helped her get a judgment that recognised her as a stream refugee.

75-year-old Champa Das, widow of Dharani Das, was a resident of Boro Lechigaon village that falls under the jurisdiction of the Bijni police station in Chirang district of Assam. She was served notice by the Border Police on November 10, 2020 to appear before the Chirang FT by November 26, 2020.

Champa Das’s entire life fell out of gear as she grappled with this new challenge. The unlettered woman suffered from high blood pressure and constant worry only made her health worse. CJP found out about her when a neighbour contacted one of our Community Volunteers.

Our team met her the day after she received the notice and discovered that the wrong village had been mentioned in the FT notice. “We took the FT notice to the border police office and pointed out that it said Batabari instead of Boro Lechigaon. After eight days they took the notice back,” says CJP’s Assam state team in-charge Nanda Ghosh. But it did not end there…

Shockingly, on November 24, 2020 Das was served another notice in FT case no BNGNFT(CHR) 129/08. The CJP team comprising Ghosh as well as Advocate Dewan Abdur Rahim and Advocate Abhijeet Choudhury immediately swung into action.

A traumatised Champa told us, “I will die! Please save me from the detention camp!” She narrated the plight of an unfortunate neighbour saying, “She was taken to the Kokrajhar detention camp and came back home recently after being released. She told me about the horrible conditions of the jail. So, death is better than detention camp!”

CJP legal member Advocate Dewan Abdur Rahim look into the case and appeared before the FT. Due to her illness, it was difficult to take Das to the FT. She had to be taken to the hospital first and we sought more time to produce her before FT. We took her to the FT only after she had regained her health enough to manage the travel.

Stream refugees

Champa Das’s case in unique. Her family came to India from erstwhile East Pakistan in period preceding the Bangladesh war, and settled in the Coochbehar district of West Bengal. She lost both her parents at an early age and took up daily wage work and also worked as a domestic help to survive. She had no connection with any of her other family members.

One of her employers got her married to Dharani Das and she moved to Assam. But Champa was neither enrolled in a school or even in the voters’ list before she got married. It is only after marriage that her name appeared along with that of her husband in the voters’ list from 1997 onwards. At present, she has a Voter ID, Aadhaar Card, and a ration card.

CJP followed her case diligently and completed all necessary legal formalities. The FT case went on for a year and it was only recently that the FT recognised that she was part of a stream of refugees who came to India between January 1, 1966 and March 24, 1971. As a result, her name will now have to be struck off the voters’ list for ten years after which she will have to apply afresh for inclusion. But at least she will not have to go to a detention centre which could have been the likely outcome if Das never went to the FT and the case was decided ex parte.

CHAMPA DAS SHOWS HER JUDGMENT COPY

She was overcome with emotion as we handed her a copy of the judgment and said, “First I lost my husband, then I lost my son. When I got the notice, I couldn’t breathe!” Acutely aware of what happens next, she has made peace with the outcome of the judgment. She says, “For the last one year, I have spent sleepless nights. Now you say that my name will cut from the voters’ list for ten years? It is nothing… Now I’m free. At least police can’t detain me and send me to that horrible jail.” Expressing gratitude for our team she told Ghosh, “CJP, you, Advocate Rahim baba have done so much for me, I never forgot to you!”

A copy of the judgment may be read here: 

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The post 75-year-old Dalit widow spared life in detention centre due to CJP’s intervention appeared first on SabrangIndia.

In June 2021, we brought you the story of Moyna Barman, a Koch Rajbongshi woman in her 90s, who was being forced to defend her Indian citizenship. But the frail yet feisty woman did not give up, and now with CJP’s help, after eight months of a persistent legal campaign,she has been declared Indian!

When the CJP team met her the first time, she had sworn, “I will not die until I clear my name and have this dark spot of being a ‘foreigner’ removed from my head!” Her persistence paid, and she finally got a judgment in her favour. But as her health deteriorated – she can barely get out of bed now and survives only on biscuits – her anger at the whole unnecessary ordeal is still palpable.

When the CJP team finally delivered her a judgment copy, she said, “What shall I do with this now? Do I have time for this now? Tell them to take it away and let me die in peace!”

Brief background of the case

Moyna was born in the Maitel village in an area adjacent to the Bangladesh border. She was married off very early in life and moved to her husband’s home in Kedar (part i) village in Dhubri district where they had three children, a son and two daughters. After her son’s death a few years ago, Moyna started living with one of her daughters, who had moved after marriage to the neighbouring Kedar (part iii) village. It falls under the jurisdiction of the Golakganj police station and is located in the Gauripur Legislative Assembly Council in Dhubri district.

Moyna was named a doubtful voter (D Voter) in 2007, and was served a Foreigner Notice from Dhubri Foreigners Tribunal in 2018, FT case no -8/489/GKJ/2018 under Dhubri FT-8 at Dhubri District, Assam. (S.P.(B) Dhubri R/I.M.(D).T. case no. 4479/98).

“I first heard of Bangladesh in 1971,” she had told our team when we first met her, adding, “I had voted in Naliya in 1966 and Dimapuri after that.” She was unable to understand her predicament then and even now, wonder why this came to be the way they did.

Challenges in the case

But what complicated matters a bit was that from day one Moyna refused to go before court to prove her citizenship. She felt it was an affront to be even asked to do so. That is why, they advocate her family had initially hired, and who the CJP team was assisting, eventually backed out.

The CJP team immediately rushed to her home and tried to convince her, but she was understandably enraged and asked, “How could someone define me whether I’m an Indian or not, when I have seen the freedom struggle and the partition and so on?” Though it was hard to convince someone of such an advanced age, we just couldn’t let it go. Eventually, we were able to convince her to go just once.

Then the CJP legal member of Dhubri district started looking into the case and appeared in court. This encouraged the previous advocate to come back and we discussed the case in detail. CJP’s Dhubri District Volunteer Motivator (DVM) provided him constant support.

Another challenge was taking Moyna to court at her age, and especially in her condition, she needed to go to a hospital, not a court or Foreigners’ Tribunal. We made transportation arrangements keeping all this in mind.

On the day of hearing, the tribunal member asked her many questions despite her health condition, but Moyna’s response was polite and simple, “Baba….Amra ai Desh’r a Manush Baba, Amra Bharatiyo.” (Translation: Son, we are the people of this country, we are Indian.) 

CJP also helped her submit documentary evidence such as a copy of her name in the 1951 National Register of Citizens (NRC), certified copy of the electoral rolls from 1966, 1970, 1977 and 1985 bearing her name, land ownership documents etc.

And after this struggle, she was finally declared Indian, and on February 16, 2022, CJP Assam State Team In-charge Nanda Ghosh, DVM Habibul Bepari, CJP legal team member Advocate IskandarAzad and community volunteer Illias Rahaman, visited the feisty nonagenarian and handed over the judgement copy.

A copy of the judgment may be read here: 

“This case was nothing sort of historic, a milestone for CJP,” said Ghosh. “I shudder at the thought of what would have happened if the team had not arrived on time to help Moyna Barman. She could have got ex parte judgement by the FT and would have been declared foreigner. And what after that? Would she have been sent to a detention camp at this stage of her life?”

Overcoming trauma amidst unanswered questions

Moyna’s daughter, Dhabli Bala Barman, has been looking after her elderly mother and after the judgment, is now relieved, even happy that the family’s ordeal is now over. “I can’t tell you how happy I am today. I don’t know how to thank these brothers(the CJP team). Without them I can’t even dream to remove the foreigners tag, my mother would have died as being dubbed a foreigner.”

But even Dhabli Bala has questions that need answers. She asks, “On the one hand, the government itself says that Rajbongshi community is an ethnic group of Assam, and on the other, my mother was served notice that we are foreigners. What it is?”

The FT case had other kinds of consequences as well. “Economically, we are very backward, and at amidst all this, especially at this stage, my mother was deprived of elderly pension because of the FT case. We were totally cut off from any government scheme,” said Dhabli Bala, asking, “Even now, every month, we need expenses minimum one thousand rupees to take medicine for my mother. It is difficult for a poor family like us. What is government doing?”

Just as we were about to leave, Moyna who had been unable to leave the bed spoke in her mother tongue Rajbongshi , “Tomra jan naki baba! Geile toh r buji aspen na baba!” (Translation: Sons, you are all going. If you go, you will not come back again.) This caused us all to choke a bit. She had heard our conversation outside – that we were leaving – and expressed her disapproval, even though we were going to become a distant memory to her soon.

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The post This Moyna will not be caged! appeared first on SabrangIndia.

During CJP’s journey so far, helping Indian citizens in Assam, we have seen many instances of people from socio-economically weak backgrounds facing greater challenges in defending their citizenship. But recently we came across the case of Shukur Ali, a man who begs for a living, and is now expected to defend his citizenship. This despite the fact that his name is already included in the National Register of Citizens (NRC)!

On November 19, a team comprising CJP Assam state team in-charge Nanda Ghosh, CJP advocate Dewan Abdur Rahim and CJP community volunteer Gouranga Karmakar, went to meet Shukur Ali, a resident of Kawadi village, that falls under the jurisdiction of Manikpur Police Station, in the Bongaigaon district of Assam. A neighbour had informed our team that he had been served a notice by the Bongaigaon Foreigners’ Tribunal (FT).

“Shukur Ali and his mother suffer from some kind of developmental challenge. They are extremely impoverished and don’t have the resources to fight a case in the FT. Please help them,” the neighbours requested. While the nature of their mental illness isn’t clear as they don’t have proper certificates describing their mental health challenges, the economic hardship this FT case would place on the family became clear when we met the family.

We saw his 80-year-old mother Marijan Bewa struggling to stir a pot with a ladle in her wrinkled feeble hands, as she cooked the family’s meal over a modest flame in the open. His wife Jameela Khatun was tending to their 2-year-old daughter. Meanwhile, his 4-year-old son played, oblivious to the predicament his family faces. Behind them was a hut that was so dilapidated that it was surprising that it was still standing.

“He left home this morning and is yet to return,” said Jameela of her husband who was out begging to put food on the table so his family could eat one more day. The family is clearly traumatised at receiving the FT notice.

We began going through his documents and discovered that his name has been included in the NRC. What’s more, Shukur Ali’s late father Abdul Jalil Sheikh’s name is included in the 1966 voters list, and his mother is still a voter.

But when it came to land documents, there appeared to be some kind of a family dispute. Though they had some land documents, one of Shukur’s relatives took possession of all the land documents, and has refused to part with them. He isn’t even inclined to share photocopies, despite repeated requests from Shukur’s neighbours who are doing their best to help the impoverished family.

In light of this, we sought the help of Mr. Rahim Ali, a well-known and highly respected retired teacher who lives in the same village and who is also a well-wisher of CJP. “This is very unfortunate,” he said upon being informed about the family’s plight, especially with respect to the issue surrounding land documents. “I will try to help you as much as I can, as I know that only CJP would come to the aid of someone who is in such dire straits,” he said, promising his full support.

Next, we started the process of arranging for a bailor. This is because, as per the rules of Bongaigaon Foreigners Tribunal, a bailor is compulsory for the hearing of FT cases at the primary level itself. We found a bailor and requested him to collect his documents. We also requested the villagers to stand by Shukur Ali’s, giving them moral support and other help whenever a need occurs. 

“I also assured the family and the villagers that CJP is here to help all citizens in need. CJP Advocate Dewan Abdur Rahim will oversee the FT case. Meanwhile, I went to the SDO office last week to work on some of Shukur Ali’s documents,” informs Nanda Ghosh.

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The post Now even beggars are not spared by Assam FTs! appeared first on SabrangIndia.

In yet another example of the regime’s callous appathy, notices are being served by Foreigners’ Tribunals to flood-affected people in Assam to prove their citizenship. Our on-ground teams have found that such notices have been served in Jaraguri and Jamdoha village, that fall under Manikpur police station in Bongaigaon district.

“I’ve been working as a daily-wage worker since our agricultural land was inundated due to flooding. The Aie river washed away our home and now my family lives on the street,” says a crest-fallen Purna Arjya, who was served notice along with Nipen Arjya, Ramen Chandra Arjya and Bipin Arjya. All of them hail from economically weak backgrounds and are Bengali Hindus belonging to Scheduled Castes. All of them live in the same shanty-town comprising makeshift huts alongside the road.

“I have six mouths to feed, so I also make and sell bamboo baskets,” says Purna. Still in shock over the FT notice served upon his family he says, “This is a terrible injustice! First the flood, now the government!” He too appealed to CJP for help and we have now taken up his case.

“Residents of Jaraguri village mainly depended on agriculture. But each year flood from Aie river wreaked havoc on their lives,” says Nanda Ghosh, CJP Assam state team in-charge. “Many families have been forced for live by the roadside for three years, because their homes were first washed away and later, they could not return due to the Covid-19 pandemic,” he says. “Our team has been helping Sukumar and Sarathi Arjya who were first served notice when the pandemic had just struck,” says Ghosh showcasing how CJP has been working to defend the rights of such people for over a year.

Clearly, this is not the first time flood-affected people have been forced to defend their citizenship. As we have reported earlier, in July 2020, five people from the flood-hit Dhalpur village in Darrang district of Assam were been sent notices to appear before a Foreigners’ Tribunal (FT) in Mangaldoi to defend their Indian citizenship. This was at a time when the entire region was under 7-8 feet of water. CJP team had to take a boat to get there! But what was even more shocking is how breaking from protocol, the notices were not actually served to the people in question, but sent via Whatsapp to the Gram Panchayat President!

It is also noteworthy that it was in the Dhalpur region that police opened fire on people protesting forced evictions on September 23. Two people, including a 12-year-old boy were killed in the firing. Recently, we moved court demanding compensation for the families of the deceased.

CJP, has been working on the ground in Assam since 2017, to help our fellow Indians of all faiths, castes and ethnicities, navigate the complex citizenship crisis, so that nobody is victimised, especially on account of socio-economic backwardness. 

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The post Assam: Flood renders them homeless, FT questions their citizenship appeared first on SabrangIndia.

The Gauhati High Court has set aside an order of Foreigners Tribunal, Baksa, Assam declaring an individual to be foreigner, holding that the Tribunal had acted beyond its jurisdiction. The bench of Justices N Kotiswar Singh and Soumitra Saikia held that the Tribunal had acted beyond the reference made by the Superintendent of Police and thus remanded the case back to the Tribunal to be decided again within the timeframe of the reference. The court also outlined the relief available to the petitioner and her family in case they are declared foreigners as they were deemed to have entered Assam after January 1, 1966 and before March 25, 1971.

Background

The writ petition was filed by one Golapi Begum challenging the order passed by Foreigners Tribunal, Baksa, Assam on November 29, 2019 delcaring her to be a foreigner. The order stated that Begum was not successful in proving her citizenship and that she had entered India illegally after March 24, 1971.In May 2020, the Gauhati High Court had granted protection to the petitioner from coercive steps subject to payment of Rs. 5,000/- as bail bond and that her biometrics are recorded by the Superintendent of Police (Border), Baksa.

Foreigners (Tribunals for Assam) Order, 2006 which was framed under section 3 of Foreigners’ Act, 1946 deals with Constitution of Tribunals. As per Order 2 (1), Central Government may by order refer the question as to whether a person is or is not a foreigner within the meaning of the Foreigners Act, 1946 to a Tribunal to be constituted for the purpose for its opinion. This power of reference has been delegated to all concerned Superintendents of Police in the state.

In August 2007, a reference was made against the petitioner and her family members on the basis of investigation and enquiry that they are foreigners coming into Assam after January 1, 1966 and before March 25, 1971. This is the extract of the reference:

While the reference being made is in the matter of the suspected foreigners entering Assam after January 1, 1966 and before March 25, 1971, the foreigners Tribunal’s impugned order deemed that the petitioner entered India illegally after March 24, 1971.

The court’s findings

The high court held that the Tribunal acted beyond its jurisdiction while declaring so. “The Tribunal cannot suo motu assume jurisdiction to give an opinion which is not sought. No opinion was sought from the Tribunal as to whether the petitioner entered India after 24.03.1971 or not,” the high court held.

“As such, though the reference made by the Superintendent of Police (Border), Baksa vide Memo No. BSA/B/06/07/314-37 dated 31.08.2007 against the petitioner was that he was a foreigner who entered into Assam after 01.01.1966 and before 25.03.1971, the Tribunal, however, rendered its opinion by holding that the petitioner entered India on or after 25.03.1971,” observed the court.

The court also cited the high court previous judgements in Santosh Das Vs. Union of India (2017) 2 GLT 1065 and in SonaKha @ Sona Khan vs. Union of India and Ors. (WP(C) No.1293/2021) in which the Foreigners’ Tribunals assuming jurisdiction beyond the reference had been held to be not permissible.

In Santosh Das Vs. Union of India a similar circumstance had arisen of the Tribunal acting beyond jurisdiction and the court had held thus:

16. From a careful reading of Order 2(1), what is discernible is that a reference is made to a Tribunal for its opinion whether a person is or is not a foreigner within the meaning of Section 2(a) of the Foreigners Act, 1946. The Tribunal gets its jurisdiction to render its opinion only when a reference is made to it. Without a reference being made, Tribunal cannot exercise its jurisdiction to opine that a person is nor is not a foreigner. It is only when a reference is ma de as above that the Tribunal assumes jurisdiction to render its opinion. Therefore, to our mind, Tribunal would have to confine to the terms of the reference made to it and cannot go beyond the same. Admittedly, in this case, reference was that petitioner was a foreigner who had illegally entered into India (Assam) from the specified territory during the period 01.01.1966 to 24.03.1971. The Tribunal was required to answer the reference either in favour of the State or in favour of the proceedee. If the reference was to be answered in favour of the State and it was answered rightly so by the Tribunal, the natural corollary would be that petitioner is a foreigner belonging to the 01.01.1966 to 24.03.1971 stream. Therefore, the view taken by the Tribunal that the Foreigners Act, 1946 or the Orders framed there under do not bind it to the terms of the reference is not correct.”

The complete judgement in Santosh Das v UOI may be read here:

The court held that the Tribunal went beyond the reference and rendered its opinion that the petitioner and her family members are illegal immigrants who entered India after March 25, 1971, which is clearly impermissible in law and thus, deemed it illegal.

Hence, the court set aside the impugned order dated November 29, 2019 (passed in F.T. Case No.126/Baksa/2017) and remanded the matter to the Foreigners Tribunal, Baksa, Tamulpur for a fresh decision in terms of the aforementioned reference. “The Foreigners’ Tribunal will hear the matter afresh and thereafter, render a finding as to whether the petitioner entered India between 01.01.1966 and 25.03.1971 or not,” the court ordered.

Procedure after declared foreigner

The court also reiterated that if the Foreigners’ Tribunal answers the reference in affirmative (i.e. declares them foreigners), the petitioner will be entitled to the benefits of registration under Sub-section 3 of Section 6A of the Citizenship Act, 1995 read with Rule 19 of the Citizenship Rules, 2009.

Section 6A of the Citizenship Act deals specifically with provisions as to citizenship of persons covered under the Assam Accord. Under sub-section 3 it is stated that

(3) Subject to the provisions of sub-sections (6) and (7), every person of Indian origin who

(a) came to Assam on or after the 1st day of January, 1966 but before the 25th day of March, 1971 from the specified territory; and

(b) has, since the date of his entry into Assam, been ordinarily resident in Assam; and

(c)has been detected to be a foreigner, shall register himself in accordance with the rules made by the Central Government in this behalf under section 18 with such authority (thereafter in this sub-section referred to as the registering authority) as may be specified in such rules and if his name is included in any electoral roll for any Assembly or Parliamentary constituency in force on the date of such detection, his name shall be deleted therefrom.

Further, Rule 19 of the Citizenship Rules, 2009 provides for procedure for registration under Section 6A(3) of the Act. It states that an officer not below the rank of Additional District Magistrate should be appointed as the registering authority in each district. An application under Section 6A(3) of the Citizenship Act is to be made in Form XVIII before the registering authority within a period of thirty days from the date of his detection or identification as a foreigner. Thereafter, the authority will enter the particulars of the application in a register in Form XIX while returning a copy of the application under his seal, to the applicant.

The registering authority also has the power to extend the 30-day period limitation to 60 days for reasons recorded in writing. The registering authority is also required to submit copies of every application thus received in every quarter to the Central government as well as state government.

Section 6A(3) of the Citizenship Act and subsequently Rule 19 of the Citizenship Rules, 2009 is applicable here only because the reference made against the petitioner and her family was that they entered Assam after January 1, 1966 and before March 25, 1971. It is only this specific time period that is dealt with under these provisions and allows the petitioner and her family to get registered as citizens even if they are declared foreigners by the Foreigners Tribunal after re-consideration of their case.

The complete judgement may be read here:

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