While the Supreme Court’s last order rightly observed that “indefinite detention in detention camps violates basic rights”, including the Right to Life under Article 21 of the Constitution and India’s obligations under international human rights law, by explicitly eschewing lack of process, the proceedings have been quoted for this hostile action by the state government.

As a result, the Assam Government has adopted an arbitrary “push –back” policy in the state. On  June 11, 2025 the Chief Minister of the state, Himanta Biswa Sharma went several steps further and defiantly announced that persons suspected to be illegal immigrants could be deported to Bangladesh even if their names appear in the National Register of Citizens (NRC).

On May 25, Manowara Begum, was detained by the Dhubri Police station, even though the petition for determination of her citizenship is pending before the Supreme Court. Further, on May 24, Khairul Islam and 8 others were picked up and detained by the Assam Police on charges of being a foreigner. These are some of the several cases of detentions and deportations being conducted without following due process.

Details of court proceedings in several of these matters, some supported by the Citizens for Justice and Peace may be read here, here and here and here.

The All BTC Minority Students Union (ABMSU) had filed a petition against this “push-back” policy directly in the Supreme Court on June 2, 2025 which was declined.

This short piece examines the ongoing deportation campaign that amounts to a grave violation of constitutionally guaranteed rights, including the Right to Life and Personal Liberty under Article 21 and the Right to Equality under Article 14, in addition to breaching India’s international obligations under human rights law.

The functioning of Foreigner Tribunals

The current deportations target people who have been declared as Foreign Nationals and detained by one of the many FTs established in Assam. It therefore becomes essential to examine the functioning of these tribunals. FTs are quasi-judicial bodies which have been long criticized for arbitrary rulings, lack of independence, and procedural lapses.

As per the Foreigners (Tribunal) Order, 1964, the Central Government appoints the presiding members of the tribunal. They government also determines the terms of service including salary, term, etc. These powers have now been delegated to the State government in accordance to the Foreigners Act, 1946. This clearly shows executive overreach and violates of the principle of separation of powers.

Additionally, the tribunals put the onus on suspected people to prove their citizenship. An article by the caravan highlights the arbitrary procedure followed by FTs including the suspects not being provided with legal aid, the proceedings being held in private and opportunity to cross-examine the inspecting officer being denied. Further, ex-parte orders are routinely passed by these tribunals.

These practices violate Article 9 of the International Covenant on Civil and Political Rights (ICCPR), which prohibits arbitrary arrest and detention, and Article 14 of the ICCPR, which guarantees the Right to a fair trial. Additionally, the United Nations Working Group on Arbitrary Detention has affirmed that any deprivation of liberty resulting from an unfair trial falls within Category III of its classification and is, by definition, arbitrary.

They also constitute a clear breach of Article 21 of the Indian Constitution, which safeguards the right to life and liberty. Moreover, Article 22 provides safeguards against arbitrary detention and arrests. In the case of Anand Kundu v. Union of India, the Guwahati High Court held that the detention of suspects is preventive in nature, to ensure that the suspects do not vanish. However, even preventive detention has to follow due process as per Article 22 of the Constitution such as providing an opportunity of hearing before competent judges and informing of their charges. The Supreme Court reiterated this in the case of Pebam Ningol Mikoi Devi v. State of Manipur & Ors. In this case, the apex court emphasised that in India “the utmost importance is given to life and personal liberty of an individual”.

The Supreme Court has, itself on several occasions has overturned judgments by FTs and Guwahati High Court, declaring individuals’ foreigners even when they had provided adequate documents to prove their citizenship. In the case of Md. Rahim Ali v. The State of Assam, the Supreme Court overturned the Guwahati High Court’s judgment upholding the FT’s order declaring the Appellant a Foreigner. The Court also called the order a ‘grave miscarriage of justice’. The court’s direction for deportation in this light comes as a shock. Further, deportations when the detainees have not even exhausted their right to appeal is again a serious deprivation of rights, and sadly the Apex court that is supposed to uphold constitutional rights has taken a step back.

Another issue with these deportations is that these are being conducted without any consultation with the Government of Bangladesh. Article 15 of the Universal Declaration of Human Rights (UDHR) grants the Right to a nationality and provides that no one should be arbitrarily deprived of the same. The lack of consultation, therefore, might lead to statelessness of such individuals and irreversible Human Rights violation. Moreover, deportation without due process clearly violates Article 19 of the Indian Constitution which guarantees the Right to Reside in India.

The current deportation drive also disproportionately targets the Muslim minority population of Assam violating Article 14 of the Indian Constitution. The judicial failure to intervene in this matter reflects a broader systemic collapse in protecting the rights of the most vulnerable. The functioning of the Foreigners Tribunals and the arbitrary nature of the deportation drive collectively amount to a grave miscarriage of justice. In a democracy founded on the rule of law, such violations must not go unchecked. The judiciary, as the guardian of fundamental rights, must reclaim its role in safeguarding constitutional and human rights, especially for those who lack the means to defend themselves.

(The student is a fourth‑year law student at Gujarat National Law University, Gandhinagar)

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The post Pushed Back, Let Down: How the state has let down the marginalised in Assam appeared first on SabrangIndia.

Sahid’s story is emblematic of the struggles faced by many in Assam, where allegations of being a foreigner often arise from cursory investigations and inadequate verification of records. For Sahid, the intervention of Citizens for Justice and Peace (CJP), a human rights organisation, proved to be a lifeline. Their relentless advocacy and legal support not only secured his release but also brought hope to others fighting similar battles. This case sheds light on the human cost of flawed systems and the power of collective efforts in ensuring justice and restoring dignity.

Sahid Ali’s ordeal: a citizen branded a foreigner  

Sahid Ali, also known as Shwahid Ali, has lived his entire life in Assam, a state his family has called home for generations. Born and raised in Tupar village under Nagarbera Mouza, Boko police station in Kamrup district, Sahid’s citizenship seemed unquestionable. His grandfather, Jasim Mundal, possessed land records from 1957-64, and his name was also listed in the 1966 voter list. Furthermore, Sahid’s father, Basir Ali (also known as Bashiruddin Ali), appeared on the 1971 voter list for Tupamari village under Nagarbera Mouza.  

Despite this strong documentary evidence, Sahid found himself ensnared in a legal battle when he was accused of being a foreigner by the Assam government. The case against Sahid Ali was initiated by the Superintendent of Police (Border), Darrang, based on allegations of foreign nationality, without conducting proper verification. This led the Foreigners’ Tribunal (FT) to register a case against him and issue a notice, further intensifying his ordeal. Notably, Sahid’s family had been actively participating in the electoral process, casting their votes in the village of Fuhuratali under the No. 66 Sipajhar Legislative Assembly Constituency, a fact that should have supported his claim of Indian citizenship.

Sahid’s grandfather, Jasim Mundal, possessed certified land records from village Tupamari in Pachim Samariya Mouza, dating back to 1957-64 (Dag No. 580 New, Dag No. 480 Old). These documents, coupled with Sahid’s other evidence, clearly demonstrated his citizenship. However, on September 29, 2023, the Darrang Tribunal declared him a foreigner. This decision turned Sahid’s life upside down, leaving him in constant fear and severely impacting his health. With the looming threat of detention in a camp, Sahid faced an unimaginable future filled with uncertainty and despair.

The struggles following the Tribunal’s decision  

The tribunal’s ruling shattered Sahid Ali and his family, plunging them into a nightmare of uncertainty and despair. Despite possessing substantial documentary evidence that firmly established his Indian citizenship—documents spanning generations that tied his family to Assam—Sahid was declared a foreigner. The tribunal’s decision not only stripped him of his identity but also left him facing the grim prospect of being sent to a detention camp, a fate that loomed like a dark shadow over his life. The thought of losing his freedom and being confined to such a camp deeply affected his mental well-being, causing his health to deteriorate as he struggled with relentless fear and anxiety. For Sahid, every passing day was marked by anguish and a sense of helplessness.  

Just as Sahid’s hopes seemed to be slipping away, a ray of hope emerged in the form of the CJP Assam legal team. Senior legal member Advocate Mrinmay Dutta, recognising the glaring injustice, took up Sahid’s case with determination and compassion. Filing a petition in the Gauhati High Court, Dutta contested the tribunal’s ruling and sought to overturn the judgment that had upended Sahid’s life. This intervention not only brought hope to Sahid but also shed light on the broader systemic failures that plague many similar cases in Assam. Allegations of being a foreigner often arise from flawed investigations and cursory scrutiny of documents, leaving countless individuals like Sahid to bear the brunt of administrative oversight. His case is a stark reminder of the immense human suffering caused by these failings and the urgent need for fairness and due diligence in such matters.  

CJP steps in- a fight for justice  

Recognising the glaring injustice in Sahid Ali’s case, the legal team from CJP, under the leadership of Senior Advocate Mrinmay Dutta, stepped in to provide crucial support. With unwavering dedication, they challenged the Foreigners’ Tribunal’s decision by filing a petition in the Gauhati High Court. Building a strong case grounded in documentary evidence—records spanning decades and proving Sahid’s Indian citizenship—they sought to overturn the ruling that had upended his life. Their efforts bore fruit when, on November 6, 2024, the High Court granted Sahid bail. This decision brought a wave of relief to Sahid and his family, marking a turning point in their ordeal and reaffirming their faith in the judicial system.  

However, the battle was far from over. Securing bail was just the beginning of yet another formidable challenge—finding a bailor and completing the procedural formalities within a rigid timeline of ten days. Despite the urgency and limited time, the team at CJP demonstrated remarkable resolve. When their search for a bailor initially yielded no results, the organisation’s Darrang District Volunteer Motivator (DVM), Joinal Abedin, took it upon himself to ensure justice prevailed. Stepping forward as the bailor, Joinal’s selfless act underscored the essence of solidarity and commitment within the CJP team. His gesture not only expedited the process but also highlighted the collective effort required to combat systemic injustices. This critical milestone ensured that Sahid’s bail bond was submitted on time, symbolising hope and resilience in the face of adversity.  

Formalities completed; freedom restored  

On 13 November 2024, CJP’s Assam state in-charge, Nanda Ghosh, accompanied by Darrang DVM Joinal Abedin and Sahid Ali, submitted the bail bond at the Border Branch of Darrang. This crucial step marked significant progress in Sahid’s case. The following day, the formalities were completed at the local Border Branch under the Sipajhar police station, bringing a sense of closure to a process fraught with hurdles and urgency. The dedication and efficiency demonstrated by CJP’s team ensured that Sahid’s release was not delayed further, a testament to their commitment to justice and humanity.  

When Sahid learned that his bail had been granted, his emotions overflowed with gratitude. “Now at least I can go out freely and work to feed my family. It’s because of you (CJP) that this became possible. Thank you, thank you so much,” he said, his voice trembling with relief and hope. These heartfelt words revealed the profound weight of the ordeal he had endured. Stripped of his identity, living under the constant threat of detention, and fearing for his family’s future, Sahid had been pushed to the brink. For him, the High Court’s decision was not merely legal relief—it was a lifeline, restoring a sense of dignity and freedom he thought he had lost forever.  

However, the grant of bail is only a temporary reprieve. The fight to secure Sahid’s citizenship remains a daunting challenge. CJP has pledged to continue supporting him, determined to ensure that his identity as a legitimate Indian citizen is restored. This commitment extends beyond Sahid’s case, reflecting CJP’s unwavering resolve to stand by all those who face similar injustices. Their efforts underscore the critical need for systemic reforms to address the deeply flawed processes that brand individuals as foreigners, often without fair scrutiny or due process.  

Sahid’s story is a microcosm of the broader crisis in Assam, where countless individuals are trapped in a web of suspicion and procedural failures. Despite having lived in India for generations, many are unjustly accused of being foreigners, with devastating consequences for their lives and livelihoods. His ordeal highlights the human cost of these systemic flaws, exposing the urgent need for a fair, transparent, and humane approach to resolving citizenship disputes. Sahid’s resilience, combined with the steadfast efforts of CJP, serves as a powerful reminder that justice is not a privilege—it is a right, and it must be accessible to all, especially the most vulnerable.

A testament to perseverance and advocacy  

Sahid’s journey, from being unjustly branded a foreigner to finally securing bail, is a profound testament to the strength and resilience of individuals fighting for justice in a system that often fails to protect the most vulnerable. For Sahid, the process was not just a legal battle; it was a deeply personal fight for his dignity, his identity, and his right to live as a citizen in the land of his ancestors. The terror of being labelled an outsider, despite generations of living in Assam, compounded by the looming threat of detention, created a reality where every moment was filled with uncertainty and fear. Yet, throughout this tumultuous ordeal, Sahid’s perseverance and determination to prove his rightful place in India never wavered. 

Behind Sahid’s victory stands the unwavering support of organisations like CJP, whose commitment to social justice and human rights played a pivotal role in challenging the flawed system that nearly robbed him of his citizenship. The collective advocacy, led by CJP’s legal team, helped bring the necessary legal pressure to secure his temporary relief. This victory, however, is not just about one man’s case—it represents a broader fight for fairness, dignity, and the recognition of rights for all individuals, particularly those marginalised by systemic failures. CJP’s work underscores the critical role that organisations committed to social justice play in challenging injustice and empowering individuals to reclaim their lives and rights.  

As Sahid begins to breathe easier with his newfound freedom, his story is a powerful reminder of the importance of safeguarding the fundamental rights of every individual, especially those whose voices are most often silenced. His case illustrates the vulnerability of individuals caught in a web of bureaucratic oversight and legal ambiguities, and how vital it is for society to rise to their defence. For Sahid, the road ahead is still fraught with challenges, but the grant of bail represents a significant first step in a long and arduous journey towards reclaiming his full rights as an Indian citizen. His story is a call to action—to ensure that no one, regardless of their background or status, is denied justice or the fundamental right to live free from fear. It is a powerful reminder that, no matter how insurmountable the odds may seem, justice must always prevail, and the fight for it is worth every step.

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The post Victory for Sahid Ali: CJP’s legal battle brings relief in Ali’s citizenship crisis, bail granted by High Court appeared first on SabrangIndia.

Brief background of the case-

The divisive bench of the Gauhati High Court was hearing a writ petition filed by the petitioner, Forhad Ali, 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, which consisted of Voter’s List of various years and the Jamabandi of a plot of land, 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.

The loopholes within the observations made by the judgement–

1.  If enough documents were present for the High Court to question the order of the Tribunal, why was the case remanded back to the Tribunal?

In regards to the discrepancies in the name of the father, the court objected to the finding of the tribunal 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.” (Para 5)

Diving more into the issue and the documents provided as evidence, the Court held the opinion that a minor discrepancy in the name of the person being depicted was required to be ignored. Additionally, the Court provided that merely because of the discrepancy of the name between Habi Rahman and Habibar Rahman, between which there also exists a similarity and proximity, 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.

The bench had also noted that the tribunal had used an inappropriate arithmetic calculation on the age of Ali’s father to reject the voter lists that he furnished. Specific to the land documents relied upon by the petitioner as evidence, the High Court held that the petitioner discharged the initial burden of proof in the case and stated “The Exhibit-11 Jamabandi also contains the information that the land had been mutated in the name of Forhad Ali son of Habibar Rahman in place of Habibar Rahman in respect of a plot of land at Village Lotibari Part-III. As per the order of the Circle Officer dated January 18, 2017 in Mutation Case No. 2584/2016-17, and if the information contained in the Jamabandi is acceptable which shows that Forhad Ali is the son of Habi Rahman of Village Lotibari Part-III and the name of Habibar Rahman as Habi Rahman as appears in the Voters Lists of the year 1966 & 1970, the petitioner may have discharged the burden under Section 9 of the Foreigners Act, 1946.” (Para 15)

Even as the High Court made the aforementioned strong observations, it refuses to take the next logical step and instead takes a U-turn by remanding the matter back to the Foreigners Tribunal. The bench further urged the Foreigners Tribunal, a quasi-judicial bodies established under the Foreigners (Tribunals) Order, 1964 and the Foreigners Act, 1946, to re-examine the “complete Voters Lists of the years 1966, 1970, 1977 & 1985 in respect of the Village Lotibari Part-III as well as the information contained in the Exhibit-11 Jamabandi and pass a reasoned order”. (Para 16)

Furthermore, while emphasising on the duty of the Tribunal to pass a “reasoned order”, the bench holds that the said reasoned order can either be in favour of the petitioner and would prevail over the previous 2019 order of the Tribunal or may be against the petitioner, in which case the “consequences under the law may follow.”  (Para 17)

The said decision of the Court does not sit right and raises the big question- why did not the High Court bench did not reach a decision on the case of Ali itself, based on the observations made by them? By once again remanding the matter to the Tribunal and urging them to “pass a reasoned order”, the Court re-started the process of scrutiny for the petitioner. It is crucial to highlight here that after having received a negative unfavourable order by the Foreigners Tribunal, the petitioner had rightfully approached the High Court by filing a Writ Petition. Remanding the said matter to the Tribunal to re-examine the documents and pass a reasoned order, without even making any comment on the merits of the case, the High Court bench asserted that “till the reasoned order is passed, no coercive action shall be taken against the petitioners.” (Para 18) 

2.  How does, the Tribunals not following the law does established, warrant the involvement of an executive authority?

In its judgment, the High Court bench severely deprecated the Foreigner Tribunals for reaching conclusions in matters of citizenship without following the law established and materials produced cannot be accepted. The bench also specifically pointed to the Tribunals not providing any reason behind reaching the conclusion in the matter. Highlighting this trend, the bench in its order stated that “In course of the present proceeding as well as other proceedings, it has been noticed that in many cases, a proceedee had been declared to be a foreigner without stating the reason as to why the Tribunal arrives at such a conclusion and also not deciding the matter as per the materials on record. It is noticed that the Tribunals often state and describe the materials which the proceedee relies upon in course of the proceeding and thereafter merely arrives at a conclusion that in the view of the Tribunal, the proceedee is a foreigner.”

Shedding light on this very crucial issue of the Foreigners Tribunal not following the law established through legislative procedures, landmark judgments and precedents, the High Court held that any conclusion that is reached by the Tribunals in any matter will not be acceptable if they are not as per procedure established by law, based upon the documents provided and does not specify the reasons for decision taken. The bench in its order stated “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.” (Para 20)

Further slamming the Tribunals, the bench stated that they wanted to know the procedures being followed by the Tribunals in declaring a person to be a foreigner or a citizen as people who have been excluded from the National Register of Citizens for Assam or whose citizenship has been marked as “doubtful” appeal to such tribunals. The High Court pointedly mentioned the submission made by the Assam government that almost 85% of the cases that came to the Foreigners Tribunals eventually resulted in the proceedees being declared Indians. In its judgement, the court stated “We are particularly interested in view of a submission made by the learned counsel for the State of Assam in the Home Department that statistically speaking in about 85% of the referred cases, the proceedees have been declared to be citizens.”

In view of the same, the bench held that “We are concerned that if proceedees have been declared to be foreigner without stating any reason and without analyzing the implication of the materials being produced and if the same procedure is adopted to declare a proceedee to be a citizen, there is a good possibility that many number of proceedees who may be foreigners or illegal migrants have been wrongly declared to be citizens by the Tribunals.”

Through the aforementioned observation, the bench made a very critical statement regarding the discrepancies and arbitrariness that have existed in orders of the Tribunals, resulting in the High Court questioning other orders delivered by the Tribunal which declared foreigners to be citizens. It is pertinent to highlight here that the bench also highlights that the said observations have been made by them after perusing through “a good number of judgments on a random sample basis from the Tribunals all over the State wherein the proceedees have been declared to be citizens.” (Para 23)

It is provided by the bench that out of the judgments viewed by the High Court randomly, some of them have passed a good reasoned order based on their analysis of the materials on record. However, the bench stated that “in many of the 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.” (Para 23)

This procedure adopted by the Tribunals, according to the bench, “would have a far more serious consequence.”

Basing upon this “possibility” of the Tribunals wrongfully declaring the “foreigners or illegal migrants” to be citizens of India, the bench then “requires” for the Secretary to the Government of Assam in the Home Department to conduct a departmental review of all such matters wherein the person in question has been declared to be a Indian citizen. In furtherance to this, the bench empowers the state government to “take appropriate measures as may be available under the law” if any discrepancies are found in such orders of the tribunals.

In the judgement, the Bench states “we require the Secretary to the Government of Assam in the Home Department, to conduct a departmental review of all such references that had been answered by the Tribunals declaring the proceedees to be citizens and wherever it is noticed that any such conclusion or declaration had been made without any analysis of the materials or without providing for any reason thereof and without arriving at any decision, the authorities in the State of Assam in the Home Department to take appropriate measures as may be available under the law.” (Para 24)

Without delving into whether an executive authority has the right the review the orders of a quasi-judicial body and follow the legal principle of natural justice, the bench states that “a responsibility is entrusted upon the State of Assam in the Home Department for doing the needful as indicated.” (Para 25)

It is imperative to highlight here that while lamenting the Foreigners Tribunals of reaching conclusions that have no basis, the Gauhati High Court itself does the same. By using vague terms in regards to the state government of Assam to “take appropriate measures as may be available under the law” in cases where arbitrariness in order is observed, without providing any limit to the same, the Court has provided the government with extraordinary discretionary powers.  It is essential to note here that the High Court has not specifically provided any specific standards against which these previous orders of the Tribunals declaring persons to be Indian citizens are to be compared.

Another question that the conclusion of the said order raises is why the particular statistic of 85%, which has been provided by the state government and then supported by a random perusal of orders by the High Court bench, forms the basis of this one-sided review? The loophole behind only requiring the review of the orders declaring persons in question to be Indian citizens by the state government has not been answer at all. If there are such glaring mistakes in following procedures of law being committed by the Tribunals, why did the bench also not call a review of the orders where person in question had been declared a foreigner? Does that particular order of declaring an Indian citizen to be a foreigner not a miscarriage of law?

The complete order can be read here:

A paradox?

As a report by the Scroll has correctly noted, this ruling has restored, encouraged, and even put a legal stamp on the mistrust that stems from a broader, albeit unfounded, belief in mainstream Assamese nationalist discourse that the National Register of Citizens identified far fewer “illegal Bangladeshis” than it ideally should have. In many respects, the ruling of the High Court reinforces the negative discourse surrounding the National Register of Citizens, a counting procedure that is inextricably connected to the Foreigners Tribunal system.

It is disappointing that, despite correctly pointing out a contradiction in the legal system, the Court may have done more harm than good in its attempts to find and address the arbitrariness of the Foreigners Tribunal system. Those who were deemed Indian citizens by the Tribunals will likely face another executive nightmare as a result of this order’s retroactive applicability. The court has undermined the principle of separation of powers and runs the risk of subjecting the entire tribunal system to the whims of the executive branch by requesting a disparate body, the Assam government, to use its discretion to review and implement the orders of the Foreigners Tribunals. It remains to see whether this judgment of the High Court will open the Pandora’s Box and lead to even more cases people in Assam, most of whom are underprivileged and impoverished, will be declared foreigners or a miraculous decrease in such number will be the result.

It has been pointed out in a report of The Telegraph, pursuant to the order of the High Court, the Assam government has been planning to offer a “crash course” for members of Foreigners Tribunals at the National Law University and Judicial Academy, Assam.

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The post Should the State Government intervene in cases of arbitrary orders by the Foreigners’ Tribunal? appeared first on SabrangIndia.

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 still remains 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, Tajuddin’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.

Tajuddin Ali’s citizenship was first called into question when he received a notice from Assam border police alleging that he was a suspected foreigner who had entered India from Bangladesh after March 25, 1971.

However, it is curious how the authorities concluded this because the police personnel was never noted to have visited Tajuddin’s home. They also failed to take statements from him or other witnesses and had submitted an inquiry report without any substantial investigation. Furthermore, crucial documents, including Tajuddin’s passport, were not seized or 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 Tajuddin had lapsed due to the huge delay. For while the case had initially been registered in the year 2000 Taijuddin received notice only in 2021 after over two decades of inactivity.

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However, Tajuddin’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, Tajuddin 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.

Despite enduring immense physical and economic hardships, Tajuddin Ali’s face revealed intense relief at finally being declared an Indian citizen. He got emotional talking to CJP about the support he received from the team in his harrowing journey. “I am physically sick, there is poverty, there is a lot of pain, yet this news (being declared a suspected foreigner) had completely exhausted me. But now with this affirmation of my citizenship, I am free of one of my main sources of despair!”

He continued further, thanking CJP for the legal help and all-round support the team provided, “In spite of many hardships, at least I found peace on one side. Thank you very much for helping me!”

Tajuddin’s case is an example of the vast number of challenges faced by countless marginalised people like him, who find themselves entangled in legal battles for their very existence. While his story ends on a victorious note, it serves as testament to the humanitarian work relentlessly pursued by CJP come hail or storm in the tragic citizenship crisis of Assam.

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The post Legal advocacy restores citizenship for disabled man facing statelessness appeared first on SabrangIndia.

Spread out across fourteen districts, CJP’s team in Assam is rigorously active each week, assisting people affected by the citizenship crisis, facing trials in Foreigners’ Tribunals, checking up on former detainees, assisting them in the process of rehabilitation – as well as checking up on people who have been recently served suspected foreigner notice or have been marked a D (doubtful) voter in the electoral list and thus stand face a trial in Assam’s infamous Foreigners’ Tribunals. CJP’s team members are grounded and well-informed, they are attentive to the concerns of people around them. 

They regularly hold conference with the Block Level Officers to hold discussions on how to improve the situation. This regular interaction also helps keeps them updated if there is a case which might require the help of CJP.  The team often has to travel to remote areas, sometimes areas with no roads, no bridges, and often flood destroyed regions, to reach out and assist affected people.

In one such case from January 2023, CJP’s Assam Team members, District Voluntary Motivator (DVM) Jafar Ali and Community Volunteer Mahibul Haque visited the home of Samiran Bibi. She was astonished and dazed at seeing the team. Samiran Bibi has been marked as a D–voter on the voter list for a long period of time. Samiran Bibi is a 67-year-old widow from the Barpeta district of Assam. She is a permanent resident of Radhakuchi village. 

The tragedy unfolded itself as Samiran Bibi narrated to CJP’s team Assam that she had done nothing about the D- voter status as her entire family was unlettered; they had no money or information to challenge Samiran Bibi’s disenfranchisement.  Thus, when CJP stepped in, she was in a state of denial and shock at the thought of anyone reaching out to her and swiftly demanded who they were and what the team wanted.

CJP’s team has been consistently providing counselling for people who are grappling with despondency, despair and helplessness, along with familiar, personal, and document-related concerns that arise on the field, as they assist people. The team has also conducted paralegal training workshops with people. In Samiran Bibi’s case as well CJP’s team counselled and told her about CJP’s extensive humanitarian work in Assam and how the team could assist Samiran Bibi in the process.

Samiran Bibi there onwards confided that CJP was the only one to reach out to her. She and her family were left helpless to their fate if CJP had not arrived. CJP’s team assured her they would be with her throughout the process, which left Samiran Bibi calm, at ease, and grateful. While the process is ongoing with no immediate end date in sight, the fact there is sustained assistance has given this victim of the citizenship crisis, some hope. We will come back with a conclusion to this hapless tale as soon as we have helped resolve the issue of her disenfranchisement.

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The post CJP extends support to 67-year-old woman from Assam who had resigned to her fate appeared first on SabrangIndia.

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 expired 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. However, to her dismay, she found out she could not afford the fees. It was at this critical juncture that she reached out to a member of the CJP team for help.  CJP immediately took up her cause and fought tirelessly on her behalf.

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 the 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.

On 21 May  2023, CJP Assam State Incharge, Nanda Ghosh, along with DVM (District Voluntary Motivator) of Darrang, Joinal Abedin, and CJP legal team member Advocate Abdul Hai, presented Anowara with the judgment copy, marking a victorious moment for her and her husband. Overwhelmed with joy, Anowara expressed her gratitude, saying, “May Allah bless you.” Her husband, relieved from the fear and uncertainty they had endured, spoke words of gratitude, stating, “We are poor people. We were truly scared after receiving the notice. But when the case was handed over to the CJP, there was no more problem.” He added, “We are eternally grateful for your sincere support during this time of crisis, completely free of charge.”

Anowara Khatoon’s triumph serves as a symbol of hope for the countless marginalised individuals who have faced similar struggles and injustices at the hands of the state.  CJP, dedicated to safeguarding humanity and defending rights, stands firmly by their side, ready to fight for justice and bring relief to those who have long suffered and been deprived of their rights.

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The post CJP’s legal team secures another triumph for marginalised woman accused of being a Foreigner appeared first on SabrangIndia.

At the hearing held on Thursday, May 4, a bench of Chief Justice Sandeep Mehta and Justice Mitali Thakuria posted this for hearing post summer vacation since the matter was long pending and the details of persons excluded from the National Register of Citizens (NRC) had still to receive the “reasons for their exclusion, four years after the publication of the NRC final list!

CJP’s counsel senior advocate Mihir Desai and advocate Mrinmoy Dutta also appeared for CJP.

The order may be read here:

Meanwhile in an additional affidavit filed by the petitioners on March 23, 2023, CJP has laid down and re-iterated the context within which such legal aid is necessary:

“That this Hon’ble Court by order dated 23.11.2021 in the present PIL  had directed the Government of India  as well as the State to  indicate as to how funds would be made available for the purpose of providing legal aid after considering the issues raised in the PIL considering the magnitude and the enormity of the exercise that was unfolding.

“That, though it is true that the number of persons who were likely to seek legal aid was not known or no specific list of persons seeking legal aid was/is  placed before this Hon’ble Court but the same does not make the petition premature or speculative as there is no denying the fact that out of 19 lakhs people who were left out large number of them are women and children and there are people whose entire families were left out of the NRC and a large percentage of these people belong to the underprivileged sections of the society who  cannot afford the burden of multiple litigations and as such the creation of proper infrastructure of legal aid and service was a requirement,  with creation of the necessary awareness so that the affected people could be assured that they are entitled to legal aid and services.

“The fact that after the Hon’ble Apex Court had directed release of those interned who had spent three years in the detention center, on bail there was no attempt by the state to even help these people to get their bails ensured is indicative of the fact that legal services to these people is far from reality.  It was in these circumstances the petitioner within its resources provided legal aid to at least 52 such détentes in getting their bail papers processed.

“The state machinery has shown total apathy to the plight of these people.  It is important to mention that merely filing of appeals within 120 days of the reasons being furnished was not sufficient to make proper and effective legal aid a reality, but the process required prior guidance to people left out to prepare their papers and even obtaining copies of valuable documents to make them admissible in evidence.

“That, providing legal aid cannot be a hollow formality and the same has to be proper and effective and therefore there was not only a  requirement of preparation of panel of advocates but there is also a requirement of a huge force of para legal volunteers, training paralegal volunteers to make them understand the intricacies of the legal process so that they are in a position to guide legal aid seekers in matters pertaining to foreigners tribunal to prepare themselves to meet the requirements and place a proper and effective appeal in time.

“That the enormity of the exercise can be understood from the fact that 19 lakhs people would have been required to knock the doors of the tribunals within 120 days of the reasons of exclusion being furnished and the situation was therefore unprecedented. More than 200 Tribunals members were appointed to deal with these deluge of appeals and the infrastructure available simply could not have handled the situation and in fact the admission by the state legal services authority made it apparent that the infrastructure available was not robust to handle the situation.

“It also cannot be lost sight that the remedy after these appeals would only be before this Hon’ble Court and these matters would require not just months and years but decades to be decided before this Hon’ble Court given the fact that cases from hundreds of tribunals would have to be tackled. The appeals before the Learned Tribunals is thus practically the last resort for these people left out of standing on the periphery of being deprived of their rights of citizenship or the rights to have rights in a highly technical process and therefore not just legal aid but proper and effective legal aid being the requirement, the PIL was filed to highlight the deficiencies in the system which is a way stands admitted by the affidavit of the respondent No 6 (Assam State Legal Services Authority)

“The PIL filed by the petitioner is highlighting a public cause and the petitioner has no personal interest in the cause raised in the PIL. The petitioner organization, on its  own over the years has tried to do their bit within the limitations of the resources available,  by providing legal aid and assistance to the poor and marginalised section of the society in the state, grappling with the questions of their citizenship status and unless the state puts up a robust infrastructure to provide legal aid to these people grappling with the questions of citizenship,  legal aid and service would be a mere hollow formality, which certainly is not the mandate of law. “

About the plea

On August 20, 2019, a press communication issued by MHA stated that legal assistance would be provided to those excluded from NRC, specifically those who are in need of such legal aid. CJP has been actively involved in ground-work of para legal and legal aid but its team has not come across any any concerted efforts in furtherance of the 2019 communication issued by MHA. CJP thus submitted a representation before Secretary of Home Department in Assam for framing scheme and modalities for providing effective legal aid to the NRC left outs. CJP also asked the Home Department about what steps had been taken by the government so it can, through its widespread ground-work, create awareness among the people in need. Besides, CJP corresponded with the National Legal Aid Authority (NALSA) and annexed these communications with its PIL. From April 2020 to November 2020, the organisation was involved in detailed correspondence and representations to both the National Legal Services Authority (NALSA) and the Assam State Legal Services Authority (ASLSA).

Finally, in November 2020, the Assam State Legal Services Authority (ASLSA) responded stating that it “has enough machinery to deal with any action” taken by the government with regards to NRC. The ASLSA letter also revealed that only two Taluk Level Legal Services Authorities are functioning, while there are 78 taluks in the state. The letter also states that once rejection slips are handed out, legal camps can then be organised.

It was in response to this, then that the CJP then conducted a survey n 10 districts of Assam to assess the preparedness of District Legal Services Authorities (DSLA) which revealed that the front offices were either not present or the ones that had front offices were inadequate in terms of space or in terms of staff.

It was also revealed that in none of the ten legal services authorities, were the personnel trained on Citizenship, NRC, Immigration or the Foreigners Act, all of which are germane to the impending situation of people having to appeal before Foreigners Tribunal to prove their citizenship.

It was the findings of this survey that prompted CJP to file this plea before the Gauhati High Court.

In February last year, 2022, the Assam State Legal Services Authority (ASLSA) had indicated in its affidavit that it is in need of financial resources to provide legal aid to those excluded from NRC. Despite the inadequacy of the state response to the crucial issue of legal aid, no stringent measures are being undertaken.

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The post Assam legal aid plea hearing deferred beyond vacation appeared first on SabrangIndia.

A resident of Assam who was “suspected of being a foreigner” by a Foreigners’ Tribunal (FT) in Goalpara District, Assam, has now been declared an Indian citizen!

Life has never been too kind to Ramila. She has two children. Her husband has gotten remarried and has seven children with his second wife. Since the death of her husband, which had happened a long time ago, Ramila has worked as a daily wager to support and provide for her family.

To make matters worse, she received a notice from a Foreigner’s Tribunal (FT). Ramila was concerned after receiving the FT notice, but, the CJP came to her rescue and offered her legal counsel. Advocate Ashim Mubarak of the CJP legal team handled this case before the FT.

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. She also belongs to the Goriya community, which has been designated by the Assam government’s cabinet as an indigenous Muslim community.

To prove her citizenship, the CJP 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 the 1966, and after the death of her father, the name of her mother appears in the voter list from 1989 onwards.

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. She also presented a linkage certificate issued on June 19, 2015 before the tribunal.

The accusation leveled against victim Ramila Begum is that she had illegally entered India. The CJP legal team has held the said allegation to be completely false and without any foundation. The Team has provided to the Tribunal that the investigation officer had neithervisited her house,nor requested any documents that proved her citizenship or nationality. The investigation officer did not conduct a fair investigation of the claims levied against her, and had falsely submitted a case against Ramilawithout carrying out a proper inquiry or investigation.

Thus, after eight months of hard work by the CJP team, Ramila has finally been declared an Indian citizen by the FT. She was happy and relieved when the CJP Team came to her house and handed her a copy of her judgment. “May Allah bless you,” she told the team. She further said that “I was always praying dua for you during namaz.”

The full judgment copy can be read here:

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The post CJP helps a Muslim daily wage earner falsely suspected of being a foreigner prove her citizenship appeared first on SabrangIndia.

The Gauhati High Court has stated that if a person has been declared to be an Indian citizen in earlier proceedings, then the principle of res judicata applies, and any subsequent proceedings cannot declare the same person to be a foreigner. The bench of Justices N Kotiswar Singh and Malasri Nandi deemed that unless in subsequent proceeding it is concluded that the person declared Indian in previous proceeding is not the same person as in current proceeding, the earlier declaration cannot be interfered with.

In this case, the petitioner was proceeded against ex parte in a subsequent proceeding while in the previous one, he was already declared to be an Indian. The bench thus remanded the matter to the Tribunal to consider primarily whether the person in both proceedings is the same person and if that is the case, then the decision of the first proceeding shall sustain; which is that the petitioner is an Indian citizen.

The bench dealt with the case at the motion stage itself without requiring an issue of notice to the respondents.

The petitioner Md. Maynul @ Moinul Hoque filed an appeal against order passed by Foreigners Tribunal, Tezpur No.1, Assam, in F.T.(D) Case No.3512/2012 dated December 31, 2020. By this order, the petitioner was declared to be a foreigner of the post 1971 stream.

The petitioner submitted that another Tribunal, namely, Foreigners Tribunal Tezpur 1st, Sonitpur had in F.T. (D) Case No.8312/2012 and order dated August 31, 2017 declared him to be an Indian citizen. Accordingly, the reference was answered in negative against the State and in favour of the petitioner. However, by the 2020 order, the Tribunal subsequently held him to be a foreigner in an ex parte order. The petitioner’s inability to appear before the Tribunal was due to the Covid-19 pandemic and hence he prayed that on the basis of the previous order where he has been declared to be an Indian citizen, the latest order be set aside.

The petitioner’s counsel relied upon Abdul Kuddus vs Union of India (2019) 6 SCC 604 to state that since there is a similarity in the names and particulars of the proceedee in both the proceedings the second proceeding could not be sustainable. The counsel stated that the F.T.(D) Case No.3512/2012 proceeding was quasi judicial and the principle of res judicata will be applicable in this proceeding.

It has been clearly mentioned in Abdul Kuddus judgement that if there had been an order by the Foreigners Tribunal in favour of a person determining the citizenship, the said decision will be binding on subsequent proceedings against the same person and there cannot be another proceeding to re-determine the citizenship of the person, by applying the principle of res judicata.

Only when the Tribunal comes to a finding that the present proceedee is not the same person who was proceeded and was found to be an Indian in F.T.(D) Case No.8312/2012, the impugned order will be revived and the order of the Tribunal can be challenged by the petitioner both on the issue of identity of the petitioner and other grounds raised in this petition.

The court held that the Tribunal in the subsequent order was unable to appreciate this principle as the same was an ex parte proceeding and thus decided to remand the matter to Foreigners Tribunal, Tezpur (1st), Sonitpur, by setting aside the 2020 order and directed it to examine whether the petitioner is the same person who was proceeded in F.T.(D) Case No.8312/2012. The High Court refused to go into the merits of the case and remanded the case back to the Tribunal for consideration of this issue.

“The Foreigners Tribunal Tezpur No.1, Sonitpur shall decide first as to whether the petitioner is the same person who was proceeded in F.T.(D) Case No.8312/2012 or not, for which the petitioner shall appear before the Foreigners Tribunal on 14.02.2022 to enable the Tribunal to examine that he is the same person who was proceeded in F.T.(D) Case No.8312/2012,” the court ordered.

The court directed that this will be the primary issue that the Tribunal shall decide  and if it is found that the petitioner is the same person who was proceeded in F.T.(D) Case No.8312/2012 then the case shall conclude in favour of the petitioner on the basis of the August 31, 2017 order declaring him an Indian citizen.

The court clarified that if the first Tribunal in 2017 had decided otherwise; i.e. if it had declared the petitioner to be a foreigner, the petitioner would be at liberty to challenge that order and the other findings of the court before this court.

The court then stated that since the petitioner’s nationality is under cloud, he will remain on bail on furnishing a bail bond of Rs. 5,000/- (Rupees five thousand) with one local surety of the like amount during the pendency of the proceeding before the Tribunal. The court directed concerned Superintendent of Police (Border) to record the petitioner’s biometrics while directing the petitioner to not leave the jurisdiction of Sonitpur district without furnishing the details of the place of destination and necessary information including contact number to the Superintendent of Police (Border), Sonitpur.

Similar case

In December 2021 a similar case came to light where Hasina Bhanu fell victim to such jeopardy and had to spend time in a detention centre! In 2016, Bhanu, a 55-year-old woman hailing from Shyampur Village (No-3), Darrang, Assam, was declared to be an Indian citizen. However, the same FT sent her another notice based on a referral from the Assam Border Police who suspected her of being a foreigner. In 2017. Bhanu again submitted her documents but in March 2021 was declared to be a foreigner and she was sent to Tezpur detention centre.

When the FT order was challenged before the Gauhati High Court, the court was flummoxed at how the same person could be first found to be Indian and subsequently declared foreigner. In its order, the HC said, “Considering the nature of the case, we are of the view that the current petition can be disposed of at this stage without calling for the records.” In this case as well reliance was placed on the Abdul Kuddus  judgement.

The complete order may be read here:

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The post Once declared citizen, same person cannot be declared foreigner by another FT: Gauhati HC appeared first on SabrangIndia.

We had recently brought to you the story of Dipak Deb, a man from Tripura, who was declared foreigner and thrown into a detention centre in Assam. His fellow inmate, Mrinal Mandal suffered the same fate – being declared foreigner despite hailing from West Bengal. But after spending 735 days behind bars, Mandal was able to walk out of the Goalpara detention centre with CJP’s help, incidentally on the same day that we also helped Dipak Deb get released.

CJP Team with Mrinal Mandal and Dipak Deb outside Goalpara Detention Centre

55-year-old Mrinal Mandal, son of Bhagirath Mandal, originally hails from Munchipara village, that falls under the jurisdiction of the Alipurduar police station of what was previously a part of Jalpaiguri district, but now comes under Alipur district of West Bengal.

Mandal married an Assamese woman and moved to Assam subsequently. He set up a grocery shop that provided for his family. But then on August 22, 2019, Mandal was arrested in connection with FT case no 322/2018 by Kamrup (Metro) Border police of Assam, and sent to the Goalpara Detention Centre. This despite Mandal having built a life with his Assamese wife and daughter in Guwahati. Perhaps an incompetent, and possibly biased system, just saw the Bengali speaking man as an outsider… a Bangladeshi!

After his incarceration, Mandal’s family fell on hard times and his wife was forced to sell the grocery shop and move in with her sister. His daughter Bhisha, who was nine at the time and was studying in an English-medium private school, had to now move to a vernacular medium government school. 

CJP steps in

“We had heard about Mrinal Mandal during our visits to free other inmates from the Goalpara Detention Centre. As soon as we found out that he was actually from another state, we reached out o his family in West Bengal,” says CJP Assam state team in-charge Nanda Ghosh. “With the help of our sources we were able to get the phone number of his brother Bhuban and contacted him. Then the entire family came to Assam to meet him,” says Ghosh.

CJP then quickly started putting together the paperwork for his release. “It wasn’t difficult to get a bailor as his wife is Assamese and her sister helped us find a person who fit the requirements,” says Ghosh. This paved the way for his release on August 25, 2021.

“As soon as we finished the formalities, Mandal requested to speak with his mother. We dialed the number and watched as both mother and sun had a conversation made of silence and tears,” recalls Ghosh. Mandal then told his brother, “Dada, please don’t worry. Tell Maa I’ll come home soon.”

Once we reached the home of Mandal’s wife’s sister, he had an emotional reunion with BHisha who is 11 now. We captured this priceless moment on camera, where Bhisha sat on her father’s lap, even as his niece sat by his side.

Bhisha has emotional reunion with father Mrinal Mandal

His family has a few serious concerns now. Mandal needs to report to the police station each week as part of his bail conditions.

But this means he cannot return home to West Bengal. Meanwhile, as he does not have his grocery shop any more, he needs to find a way to provide for his wife and daughter.

CJP would like to thank Gogul Saha (West Bengal), Aktar Ali, Mrinal Kanti Saha, Sushanta Kar and Adv. Abhijeet Choudhury for their invaluable help in this endeavour.

Some images from Mandal’s release may be viewed here:

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The post West Bengal man dubbed “foreigner” in Assam! appeared first on SabrangIndia.