Foreigners Tribunals | SabrangIndia News Related to Human Rights Mon, 26 May 2025 06:50:52 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Foreigners Tribunals | SabrangIndia 32 32 Matleb Ali declared Indian by Tribunal, ending a long fight to prove his identity https://sabrangindia.in/matleb-ali-declared-indian-by-tribunal-ending-a-long-fight-to-prove-his-identity/ Mon, 26 May 2025 06:50:52 +0000 https://sabrangindia.in/?p=41884 With CJP’s intervention, the 10 th Foreigners Tribunal in Dhubri recognised Matleb Ali’s Indian citizenship, restoring his dignity and ending his battle against wrongful suspicion of foreigner status

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In a resounding victory for justice and dignity that restores both legal identity and human dignity, Matleb Ali — a native of Assam’s Dhubri district — has finally been declared an Indian citizen by the 10th Foreigners Tribunal, Dhubri, on December 9, 2024, ending a long battle of asserting his Indian identity that began with a mere suspicion in 1998.

With this declaration, Matleb has cleared his name of the “foreigner” tag — a stigma that haunted him for decades despite overwhelming documentary evidence of his Indian lineage. Matleb’s struggle came to an end when the Foreigners Tribunal in Assam formally declared him an Indian on May 17, 2025 — a moment made possible by the unwavering support of Citizens for Justice and Peace (CJP).


Matleb Ali stands outside his home holding the order passed by the Foreigners Tribunal (Dhubri)

This is more than just a legal victory — it’s a testament to resilience, community solidarity, and the courage to stand up against a system that too often fails the most vulnerable.

The Origin of the Case: A 1998 reference

Matleb Ali, also recorded in official documents as Matleb Ali or Motleb Ali, was born in 1981 in the remote village of Ramraikuti Part I in Assam’s Dhubri district, about 251 kilometres from Guwahati. The village, perched on India’s border with Bangladesh, has long been home to his family — generation after generation.

He completed his matriculation from Agomani Higher Secondary School, an institution established shortly after India’s independence. His father, Kasem Ali, was a lifelong resident of Ramraikuti, owning land there as early as 1962. His grandparents, Sonaullah Sk and Kosimon Bewa, were registered voters in the 1966 electoral rolls — clear, continuous proof of Indian lineage.

Yet in 1998, the unthinkable happened: a reference was made against Matleb, branding him a suspected foreigner. Despite having all the required documents, he was forced into a legal battle to prove his very identity — a fate shared by thousands of marginalized residents in Assam, particularly those living near the border.

The ordeal began when the Superintendent of Police (Border), Dhubri, acting on a report from the Electoral Registration Officer of the 25 No. Golakganj Legislative Assembly Constituency, filed a reference case against Matleb Ali. His name was listed in the 1997 draft electoral roll for his village Ramraikuti Part-I, but doubts were raised about his citizenship during house-to-house enumeration (Jan–Apr 1997). The matter was first referred to the IM(D)T Tribunal, later transferred to Foreigners Tribunal No. 2, and finally to the 10th Foreigners Tribunal.

Despite being born and raised in India, Matleb was forced to prove he wasn’t an illegal migrant — a fate that disproportionately affects many poor, marginalised people in Assam, particularly in border districts like Dhubri.

Eid turned to despair

In mid-2023, just a day before Eid, Matleb’s world turned upside down. While he was working in Guwahati to earn enough to celebrate the festival with his family — his wife, two children, and elderly mother — police officers in plain clothes came to his home in Ramraikuti and handed a notice to his wife. The document summoned him before the Foreigners Tribunal.

His young daughter handed over the notice when he returned home. The joy of Eid evaporated as the devastating contents of the letter became clear. “It was as if all the light had gone out of our lives,” his wife later recalled while speaking to CJP Assam team.

Matleb knew the road ahead would be difficult. Fighting a tribunal case required time, money, and legal knowledge — resources he did not have. If he chased documents and attended hearings, his family would go hungry. If he chose to work, he would miss court dates and lose the case.

CJP steps in, hope rekindled

In desperation, Matleb turned to a trusted neighbour, who introduced him to Moon Kazi, a community volunteer with Citizens for Justice and Peace (CJP). From that moment on, the tide began to turn.

CJP’s District Volunteer Motivator (DVM) for Dhubri, Habibul Bepari, quickly visited the family. After reviewing the documents, he escalated the case to Nanda Ghosh, CJP’s Assam State In-charge, and Advocate Ishkander Azad, a member of CJP’s legal team in the district.


CJP Assam Team outside the Foreigners Tribunal Court in Dhubri

The family, mentally and emotionally exhausted, found renewed hope. “Without CJP, I could never have fought this alone,” said Matleb, his voice filled with emotion after receiving the order declaring his citizenship.

CJP took over the case with full dedication — collecting documents, filing applications, visiting government offices, and providing legal representation. This allowed Matleb to remain home and earn a living while the organization fought the case on his behalf.

Documents provided in the Tribunal to establish Matleb’s identity and lineage

The following documents were provided to the Tribunal in order to establish the Indian identity of Matleb:

  • HSLC Admit Card (Ext-A) – Verified as genuine by SEBA, establishing both his date of birth and parentage.
  • School Certificate (Ext-B) – Issued by Agomani School, confirming his education and village of residence.
  • Copy of shifting certificate issued by the Secretary, Satrasal Gaon Panchayat

His family tree was also established:

  • Grandparents: Sonaullah Sk and Kosimon Bewa — Voter records from 1966, 1970, 1977, and 1985 show them living in Ramraikuti.
  • Father: Kasem Ali — Listed as a voter in 1977.
  • Mother: Moslema Bewa — Listed as a voter from 1979 onward, including with Matleb in the 1997 and 2008 rolls.

In addition to electoral records, land deeds were also provided:

  • Matleb’s father owned land since 1962, as per Khatian No. 64 (Ext-E), backed by the original land records and verified through the Land Records Officer’s testimony (DW-3).
  • Matleb himself co-owns land with his family in Ramraikuti, as shown by Periodic Kheraj Patta (Ext-M).

Additionally, Matleb’s own name consistently appears in voter rolls from 1997, 2008, and 2023, and he holds an Elector Photo Identity Card (Ext-L) issued in 2013.

The Legal Proceedings: Evidence vs suspicion

When the matter finally came before the tribunal, Advocate Ishkander Azad presented a compelling argument. He highlighted Matleb’s strong documentary evidence — including voter records of three generations, land documents, and school certificates. Azad also emphasized the hardship Matleb faced in commuting from distant work locations just to attend hearings, often at great financial and emotional cost.

Notably, the Referral Authority presented no witnesses or documentary evidence. In contrast, Matleb submitted:

  • 13 documents (Exts A to M), including educational records, land documents, and voter lists from 1966 to 2023.
  • Oral evidence from:
    • Himself (DW-1)
    • His mother, Moslema Bewa (DW-2), who fully corroborated his statements
    • A Land Records official (DW-3), who authenticated historical land ownership

The tribunal accepted the entire chain of documentary and oral evidence as genuine and trustworthy.

The Order: “He is Indian”!

After considering the evidence, Tribunal Member Rafiqul Islam delivered a clear verdict:

From the evidence on record and finding no rebuttal evidence, there is no reason to disbelieve the testimony of the opposite party and documents exhibited by the opposite party in support of his testimony… Moreover, though the State cross examined both DW-1 and DW-2, the State could not demolish the evidences that grandparents of opposite party were not citizens of India and therefore the opposite party cannot be termed as a foreigner as suspected by the referral authority.” (Para 11)

He ordered that:

  • The lineage from Indian grandparents, consistent voter records, land ownership, and educational credentials are sufficient to establish citizenship.
  • There was no rebuttal evidence from the state to challenge the authenticity of any claims or documents.
  • Matleb was born in India to Indian parents residing in Assam, and therefore qualifies as a citizen of India by birth under Indian law.

The tribunal answered the reference in the negative, officially declaring Matleb Ali not a foreigner.

A mother’s blessing, a daughter’s celebration

The order came just days after another joyful event in the family: Matleb’s daughter passed her matriculation examination. It was a moment of double celebration in the Ali household.

His mother, Moslema Bewa, broke down in tears of relief and gratitude. She showered blessings on the CJP team:

Allah tomak bhalé rakhuk, āro jāté mānsher sahāy korbār pān! (May Allah keep you safe and grant you the strength to help many more!)”

She insisted the team stay for a meal, a simple but heartfelt gesture from a family who had just come out of darkness into light. Now, her son stood vindicated — not a foreigner, but a citizen, a father, and a man free to dream again.

Matleb’s story is not an exception — it is a window into the lives of countless Indians caught in the storm of suspicion and statelessness. His case underscores how easily the poor can be branded as outsiders in their own land — and how community-led legal action can restore rights, dignity, and hope.


CJP Team Assam with Matleb Ali, outside his home

Thanks to the determined efforts of CJP, Matleb Ali’s name has been cleared. He is no longer just a “case” — he is a citizen of India.

The complete order may be read below.

 

Related:

From Detention to Deportation: The mass deportations and detention crisis at Assam’s Matia centre

Restoring Citizenship, Rebuilding Lives: CJP continues its journey in Assam

“Anti-conversion laws being weaponised”: CJP seeks interim relief against misuse of anti-conversion laws

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“Nothing but an abuse of the process of law”: SC bars second Foreigners Tribunal case against same person, reinforces finality of citizenship verdicts https://sabrangindia.in/nothing-but-an-abuse-of-the-process-of-law-sc-bars-second-foreigners-tribunal-case-against-same-person-reinforces-finality-of-citizenship-verdicts/ Wed, 07 May 2025 04:39:53 +0000 https://sabrangindia.in/?p=41633 In Tarabhanu Khatoon v. Union of India, the Supreme Court quashed a second Foreigners Tribunal case by terming it as an abuse of process, reinforcing legal finality and protecting citizens from arbitrary harassment

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In Assam, the process of determining citizenship has often become a site of prolonged anxiety, institutional arbitrariness, and systemic discrimination—particularly for Bengali-speaking Muslims. Against this backdrop, the Supreme Court’s recent order in Tarabhanu Khatoon @ Tarabhanu Bibi v. Union of India comes as a crucial reaffirmation of the principles of legal finality, procedural fairness, and constitutional protection.

The petitioner, who had already been declared an Indian citizen by a Foreigners Tribunal in 2016, was again dragged into a fresh proceeding on the same allegation without any new material—exposing her to renewed trauma and the looming threat of statelessness. The Supreme Court’s decision to quash this second proceeding not only provides much-needed relief in her individual case but also sets an important precedent against the misuse of the Foreigners Act, 1946, as a tool for repeated harassment. This ruling strikes at the heart of Assam’s flawed citizenship adjudication process and re-establishes critical safeguards against bureaucratic overreach.

Citizenship cases: Double jeopardy, a tool used by the state in Assam

The order concerns Tarabhanu Khatoon @ Tarabhanu Bibi, a resident of Nalbari district in Assam, who became the subject of repeated proceedings under the Foreigners Act, 1946. She was first served notice in FT Case No. 269/2016 before the Foreigners Tribunal, Nalbari (at Mukalmua), on the suspicion that she was an illegal migrant from Bangladesh, having allegedly entered India after the cutoff date of March 25, 1971—a date fixed by the Assam Accord and adopted into Section 6A of the Citizenship Act.

In her defence, Tarabhanu submitted strong documentary evidence, including:

  • Names of her father and grandfather in the 1966 and 1970 electoral rolls, predating the 1971 cutoff.
  • Her own name appearing in voter lists since 1985.
  • Oral testimony corroborating her ancestry and residence in India.

Crucially, the State failed to lead any evidence—no witness appeared, and no documentation proving illegal entry was produced. Consequently, the Tribunal on August 31, 2016 declared her to be not a foreigner, effectively affirming her Indian citizenship.

Despite this adjudication, she was again issued a notice on December 15, 2018 in FT Case No. 695/2018, accusing her of being a Bangladeshi national—based on the same allegation and without any fresh material evidence. This triggered a fresh round of litigation and mental trauma, prompting her to challenge the second proceeding.

The Gauhati High Court’s Error: Failure to quash repetitive proceedings

The matter was first heard by the Gauhati High Court, which refused to quash the second FT proceedings, instead stating that she was free to raise her defence before the Tribunal again. The High Court appeared to treat the second notice as if it were procedurally valid, overlooking the fact that a final and binding decision had already been passed in 2016 on the very same issue.

This approach effectively undermined the principle of legal finality, suggesting that citizenship could be questioned ad infinitum, thereby exposing individuals to repeated harassment, legal costs, and potential detention.

Supreme Court’s Ruling: Finality, fairness, and res judicata in citizenship adjudication

A bench comprising Justice Manoj Misra and Justice K.V. Viswanathan delivered a decisive ruling in favour of the appellant. It held that once a Foreigners Tribunal had given a final finding after providing due opportunity to both sides, the State could not initiate a second proceeding unless it had either:

  1. Challenged the original order before the High Court, or
  2. Sought a recall of the Tribunal’s order on valid legal grounds.

As no such challenge or recall was made, and no provision for review had been brought to the Court’s attention, the earlier 2016 order stood final. The Supreme Court cited its own precedent in Abdul Kuddus v. Union of India (2019), reiterating that Foreigners Tribunal decisions have binding effect and attract the doctrine of res judicata.

“Once it is not in dispute that on a previous reference the Tribunal after giving opportunity to both sides, on appraisal of evidence, found the appellant not a foreigner, the only course available for the respondent was either to challenge the order before the High Court or seek for its recall on grounds permissible for recall. As no provision for review exists, at least not shown to us, so long the earlier order stands, it is not open to initiate fresh proceedings as the same would be hit by principles of res judicata as held by this Court in Abdul Kuddus.” (Para 9)

In scathing terms, the Court stated in its order that:

“…the subsequent proceedings were nothing but an abuse of the process of law, and therefore, the High Court ought to have interdicted the same.” (Para 9)

The Court’s key observations include:

  • There is no provision in the Foreigners Act or allied rules that allows the government to reopen a decided case without following due legal procedures.
  • The Tribunal’s 2016 decision was final and binding, having been rendered after due process and full opportunity of hearing to both parties.
  • The Supreme Court reaffirmed its precedent in Abdul Kuddus v. Union of India (2019), where it had held that Tribunal orders are quasi-judicial in nature and attract the doctrine of res judicata.

The order rejected the Assam government’s argument that the earlier order was “cryptic”, observing that even if the State found the Tribunal’s reasoning inadequate, its remedy lay in challenging the order legally—not by launching a parallel proceeding. The Court emphasised that allowing multiple and unregulated proceedings on the same issue would destroy the rule of law and severely erode individual liberties.

The complete order may be read here.

 

Wider significance: A critical check on state overreach in citizenship verification

This order is pivotal, especially in the context of Assam’s fraught citizenship verification machinery, which includes:

  • Thousands of cases of double or multiple notices being issued against the same person.
  • Use of ex parte orders when individuals fail to appear, sometimes due to lack of notice or financial hardship.
  • Detention centres housing individuals for years based on flawed or unchallenged tribunal findings.
  • Misuse of Border Police references, often without investigation, disproportionately targeting Bengali-speaking Muslims and other minorities.

It is essential to note that the State of Assam had every opportunity to challenge the 2016 order of the Tribunal, either by filing a review, a recall, or a writ petition, but did none of these. By clearly articulating that re-litigation is impermissible unless prior orders are overturned through proper legal avenues, the Supreme Court has sent a strong message to both the State of Assam and the Foreigners Tribunals to operate within constitutional bounds.

Moreover, this ruling reaffirms that citizenship is a fundamental right, not a bureaucratic uncertainty, and legal finality must be respected to ensure dignity and security of individuals. It also strengthens the rule of law in an area often marked by arbitrariness, communal bias, and procedural irregularities.

Conclusion: A shield against bureaucratic harassment

The Supreme Court’s decision in Tarabhanu Khatoon is more than just a personal victory for the petitioner—it is a significant verdict that draws a firm line against state overreach in citizenship determination. It ensures that once nationality is established, it cannot be questioned endlessly, especially by the same state machinery that failed to prove its case in the first instance.

In a region where identity, citizenship, and belonging have become matters of constant suspicion and state scrutiny, this order restores an essential balance between state power and individual rights, laying down that citizenship cannot be treated as a moving target—especially for India’s most vulnerable.

Related:

Uttarakhand High Court slams police and authority for failure in maintain law and order

Foreigner in Life, Indian in Death: The cruel end of Abdul Matleb in assam’s detention camp

28,000 cases withdrawn or votes secured? Assam CM’s move to drop ‘Foreigner’ cases against Koch Rajbongshi promise under scrutiny

Assam govt to SC: 33/63 of those marked for ‘deportation’ are contesting ‘foreigner’ status in courts

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CJP Victory! Sarathi Arjya declared Indian after 3-year long battle https://sabrangindia.in/cjp-victory-sarathi-arjya-declared-indian-after-3-year-long-battle/ Fri, 04 Oct 2024 07:29:31 +0000 https://sabrangindia.in/?p=38089 From wrongful accusations to a triumphant verdict, Sarathi Arjya’s case sheds light on the relentless pursuit of justice for Assam’s Bengali-speaking population.

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In a monumental victory for justice, Sarathi Arjya, a humble resident of Jaraguri village in Assam’s Bongaigaon district, has finally been declared an Indian citizen after an arduous three-year legal battle. This triumph, achieved with the unwavering support of the Citizens for Justice and Peace (CJP) team, brings much-needed relief to Sarathi and her family.

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

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

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

The journey of Sarathi Arjya

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

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

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

Proving Sarathi’s citizenship

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

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

The legal battle

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

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


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

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

The broader struggle

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

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

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


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

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CJP brings relief to a family’s struggle for their lost identity in Assam https://sabrangindia.in/cjp-brings-relief-to-a-familys-struggle-for-their-lost-identity-in-assam/ Fri, 19 Jan 2024 05:47:48 +0000 https://sabrangindia.in/?p=32503 CJP’s team once again comes to the aid of a family that was repeatedly affected by the Assam’s citizenship crisis after a year-long legal battle

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In the quiet village of Milan Nagar Santipur, Assam, a family’s long-standing struggle for recognition as Indian citizens reached a final outcome in December 2023. The late Jahanuddin Sheikh, his widow Ramila Begum, and their two sons, Ashad Ali and Rofikul Islam, were finally declared Indian by Assam’s Goalpara Foreigners Tribunal with the unwavering efforts of the Citizens for Justice and Peace’s team.

The journey towards this legal victory was not easy and was riddled with challenges for the family. Ramila, aged 57 and the widow of late Jahanuddin Sheikh, had found herself stuck in the tangles of a Foreigners Tribunal notice she received for being suspected of being a foreigner. This was a surprise as she has a substantial record of her own family’s Indian lineage. She was accused of illegally entering India in the period India spanning from 1966 to 1971. This claim was contested by the CJP’s legal team which was led by team’s dedicated advocates named Ashim Mubarak, DVM Zeshmin Sultana, and Rashminara Begum. The legal team stated to the Tribunal that the investigating officer had failed to conduct a house visit or make any requests for documentation that could prove her citizenship. The team argued that the investigating officer did not investigate the case fairly or in an unbiased manner, and had submitted the case against them without proper proof. 

The late Jahanuddin Sheikh, who passed away in 2013 was also accused, with the rest of his family, of entering India illegally. CJP’s legal team presented a detailed set of documents in the case which spanned from 1965 to 2023 and showed the family’s undeniable Indian roots and presence at the disputed periods. Ramila’s parents and grandparents also hailed from the Jotsorobdi village in Goalpara and the team proved this in court by furnishing their land deeds, voter lists dating back to 1966 as well as other supporting documents.

Photo of Ramila Begum inside her home

This case became easier after it was established that both husband and wife has individual roots and documented presence in India prior to their marriage. Furthermore, Ramila’s marriage to Jahanuddin Sheikh in 1990 further cemented her ties to Indian citizenship. Voter lists from 1997 to 2022, along with a linkage certificate issued in 2015, made their arguments even more robust. Their sons Ashad Ali and Rofikul Islam were equally supported by a trove of documents, including registered sale deeds, voter lists, and a judgement dated 15/02/2016. The family belongs to the Goria Community which is recognised as an indigenous Muslim group in Assam by the Cabinet of the Assam Government. 

Ramila’s journey has been one that is marked by hardships. As a single mother of two, she faced the challenges of providing for her family, particularly after the passing of her husband, who had remarried and had other children prior to his death. Ramila used to earn her livelihood as a daily wage labourer while supporting her children at the same time. Thus, her life was never an easy walk. Similarly, the citizenship crisis wreaked havoc on her not once, but twice. In 2022, she was accused of being a foreigner. It was only after eight months of relentless efforts by the CJP team, that February 2023 became a turning point in Ramila’s life after eight months of hard work with the team when she was declared an India. The tribunal finally acknowledged her Indian citizenship. However, her troubles did not end there and she received a notice from the Border Force of being suspected as a foreigner once again, and this time, along with her entire family despite being declared an Indian. However, CJP’s legal team did not let this new hurdle tarnish the family’s hopes and they took it up as well by stepping in once again. 

Finally, in December 2023, CJP succeeded in securing the declaration of Indian citizenship for Ramila and her family.  CJP’s team, including Nanda Ghosh, Advocate Ashim Mubarak, DVM Zeshmin Sultana, and Rashminara Begum, personally visited the family’s home to hand over the judgement copy. Ramila, who was overwhelmed with gratitude, said to Team CJP, “May Allah bless you. I have been praying for this!”

This legal victory stands not only as a testament to the perseverance of one family but also as a beacon of hope for those unjustly caught in the web of complexities and suffering that are surrounding the citizenship crisis in Assam which has been noted to largely affect the marginalised adversely.  

The order may be read here:

 

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Standing Strong: CJP aids Dalit woman labelled as ‘Doubtful Citizen’ https://sabrangindia.in/standing-strong-cjp-aids-dalit-woman-labelled-as-doubtful-citizen/ Sat, 16 Sep 2023 05:20:55 +0000 https://sabrangindia.in/?p=29876 Marginalised, struck with poverty, Assam woman from a Dalit community on the verge of despair as citizenship crisis looms over her

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In the heartland of Assam, CJP’s team continues their relentless pursuit of aiding the underprivileged. A few weeks ago, just like every other week, the team members District Voluntary Motivator Habibul Bepari and community volunteer Rahul Roy went to Dhubri district of Assam and witnessed the harrowing story of Sumoti Das. 

Sumoti Das, a 52-year-old woman hailing from the North Raipur in Assam, is no stranger to hardship. Born into a Scheduled Caste family, she has been grappling with deteriorating health for years, all while enduring immense mental pressure. Sumoti has been a resident of North Raipur since her birth, where she was married to Narayan Das several decades ago. 

Sumoti’s early life was marred by poverty. She made way with an empty stomach through her childhood as education remained an unattainable dream. Marriage brought no respite either, instead, it presented new challenges in the form of limited resources and a constant struggle to make ends meet and the entire family toiled tirelessly to purchase a small piece of land and build a humble home. However, trouble struck deeper when Sumoti’s health took a turn for the worse, rendering her unable to stand and walk properly. She endured this silently, knowing that seeking medical treatment was an option they couldn’t afford.

But her woes did not end there. Sumoti found herself trapped in a web of uncertainty woven by the state after she was marked as ‘Doubtful’ citizen, a label that has haunted her for years now from the inside to the out. The mere sight of a police car near their roadside home sends shivers down her spine. “Either I’ll die at home or in jail,” she declared with tears in her eyes. However, a thorough examination of her documents revealed that her father and even her grandfather’s names were recorded in data from 1951. Yet, despite the existence of documents to prove her parents and grandparents are from India, she remains shackled in this position.

She has even been barred from accessing welfare schemes, and even her name on the ration card was under scrutiny due to the ‘D’ mark next to her name on the voter list. The crisis affected every single part of her and her family’s lives. In these dark hours, Sumoti found solace and hope in the form of CJP. CJP’s team assured her that she was not alone in her struggle. CJP, with its unwavering commitment to justice, would stand by her side and assist her in the process to prove her citizenship. This brought on a flicker of hope that had been extinguished by years of despair.

CJP has been a steady advocate for the rights of marginalised and oppressed communities in Assam. CJP’s dedicated team works tirelessly across the state where they actively engage with citizenship victims every week. With providing aid to people like Sumoti Das, who have been ensnared in bureaucratic entanglements of the citizenship crisis of Assam, the team engages in providing not just legal assistance but also conduct sessions for counselling, legal workshops etc. that can make the process easier for marginalised Indians.

Sumoti Das’s story serves as a poignant reminder of the deep-seated challenges faced by citizenship crisis victims in Assam. Her struggle exposes the urgent need for justice and reform in the system.

Related 

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CJP steps in to aid old man and son struggling with an inhumane system

Assam Woman granted Indian Citizenship after CJP’s tireless advocacy

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97-year old left in legal limbo as lawyer abandons case, CJP comes to the rescue https://sabrangindia.in/97-year-old-left-in-legal-limbo-as-lawyer-abandons-case-cjp-comes-to-the-rescue/ Fri, 04 Aug 2023 11:53:14 +0000 https://sabrangindia.in/?p=29006 With hope nearly drained, Basu Bewa felt paralysed by despair and fear as her lawyer remained unresponsive. However, relief came when the CJP intervened to assist her.

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In another of CJP’s weekly visits, the team came across an old, frail woman suspected of being a foreigner born in Cooch Behar district of West Bengal. Now living in Ramtaikutir in Dubhri district of Assam, Basu Bewa, a 97-year-old victim of the citizenship crisis, who has endured a year of fear and isolation after receiving a Suspected Foreigner Notice. Her case was being handled by an advocate who had previously fought for justice in Moyna Barman’s case. Moyna Barman had recently passed away. However Barman, despite being in her 90s, had gotten herself proven an Indian despite all odds with the help of CJP.

But for Basu Bewa a lack of communication from the advocate in recent months left her and her family in distress and in despair, and very uncertain about their future.

In addition, Basu Bewa’s encounter with unknown authorities had left her traumatised. She dreaded that they might come to take her away to a detention centre, a fear that ran so deep she could no longer sleep or eat properly. The mere presence of strangers sent her trembling as she recalled the day she received the dreaded notice. It seemed like hope was slipping away from her and her family who were already living with very less means and now faced an uncertain future. Her son Abdul was in tears while narrating his mother’s circumstances.

After CJP’s team members in Assam learned about Basu Bewa’s tragic circumstances and decided to step in to offer support. Habibul Bepari, the District Voluntary Motivator (DVM) from CJP, reached out to the distraught family and assured them that they were not alone in this battle. CJP promised to communicate with the advocate handling Basu Bewa’s case and provide every possible assistance to help her.

CJP’s involvement and strong assurance brought a glimmer of hope to Basu Bewa and her family. They felt a sense of relief knowing that help was near. CJP’s visit instilled confidence in them that justice could be something that is attainable for Basu Bewa too.

With a long history of humanitarian work with people affected by the citizenship crisis, CJP’s work and dedication speaks volumes about their dedication to upholding justice and compassion. Beyond the legal battles fought in courtrooms, the team retains the heart and compassion to understand the human suffering that comes with such cases. They understand that the citizenship crisis affects a person in many ways and is not just limited to one single bureaucratic hurdle faced in court. Thereby, the team is notably equipped to assist victims with several issues, and also is constantly in touch with who are or have been in the past affected by the crisis. In the scorching heat, where uncertainty loomed over the lives of many, Basu Bewa’s story stands out as a testament to the resilience of the human spirit retrieving hope as it was almost extinguished.

Related:

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

CJP’s arduous task of rehabilitating citizens continues unabated

CJP Impact: Omesha bibi, another marginalised woman suspected of being a foreigner, declared Indian!

Resolute and Determined: CJP Assam makes headway through 2023

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Assam Citizenship Crisis: Family forced to prove deceased member’s citizenship https://sabrangindia.in/assam-citizenship-crisis-family-forced-to-prove-deceased-members-citizenship/ Thu, 03 Aug 2023 05:13:58 +0000 https://sabrangindia.in/?p=28927 Deceased individual receives suspected foreigner notice; unattended court hearing poses potential legal complications for family

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In a week marred by heavy rainfall and flooding that wreaked havoc on many villages in Dhubri district, CJP came across the news of a deceased person being served a Suspected Foreigners notice. The person belonged to the Uttar Moragodadhar village which falls under the Agomani police station of Dhubri district, a gateway to western Assam.

The family had not– until CJP was contacted– responded to the noticed served to the person. Recognising the gravity of the issue, CJP’s team endeavoured to counsel the family and help them with any issues they would face given this notice.

Despite acutely inclement weather and challenging weather conditions, CJP’s team personally visited the family. The team had already previously guided them over the phone in submitting all the necessary documents at the local police station, however the family wanted the team to visit them in person.

The family’s insistence on an in-person meeting to discuss the sudden notice and its implications was met with understanding and compassion. DVM Habibul Bepari, CJP’s District Voluntary Motivator, engaged in detailed conversations with the family, explaining the citizenship issue and the grave consequences of ignoring a tribunal summons, even if it had been served to a deceased person.

Apart from the citizenship concerns, the village also was facing the deadly impact of river erosion. The natural calamity took a huge toll on the community, adding to their struggles. In addition to battling nature’s fury, the villagers found themselves burdened with suspicion and uncertainty, as the state continues to question their status, labelling some as suspected foreigners.

Despite the adversities posed by the floods and river erosion, Habibul Bepari’s presence offered hope and reassurance to the villagers. People affected by the citizenship crisis often are marginalised at multiple levels, which makes their ability to prove themselves as Indian even more difficult. CJP recognises that and thereby has a multipronged approach, which is not restricted to solely proving their Indian status. CJP maintains a sustained relation with citizens long after they’ve been freed of the legal hurdles, understanding that this grave crisis can be a lifelong process. Our endeavour and aim is to ensure, from bottom up, village, district, Foreigner Tribunal to constitutional courts, the grave injustices faced by the Indian citizenry on these issues are effectively resolved.

Related:

Resolute and Determined: CJP Assam makes headway through 2023

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The Notorious Foreigners’ Tribunals of Assam

CJP helps almost 100 year old woman defend her citizenship in Assam

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EXCLUSIVE: Bulk FIRs targets Assamese Indians through Passport Act cases, new assault on Citizenship rights: Assam https://sabrangindia.in/exclusive-bulk-firs-targets-assamese-indians-through-passport-act-cases-new-assault/ Fri, 02 Jun 2023 05:54:41 +0000 https://sabrangindia.com/?p=26624 A bulk FIR naming 250 locals in Assam’s Chirang district, many of whom had been falsely accused and declared Indians by Foreigners Tribunals earlier, warn of a fresh form of assault by the state on marginalised sections

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Panic reigns in many sections of the population in Assam’s Chirang district as a fresh bulk FIR, with the potential of arming the police with arrest warrants against innocents names 250 persons guilty of being non-Indian, this time through violations alleged under the Passport Act of 1920 (with its Rules, 1950) and the Foreigners Act, 1946. Many of the 250 persons named have earlier been cleared of a previous allegation of being “foreigner” by a tribunal, or released from a detention camp, or are already facing another case before an FT under different charges.

This fresh assault by the state of Assam on large sections of the marginalized population in Chirang district is in the form of an FIR registered against 250 persons under under section 3 of the Passport Act 1920, read with (R/W ) Rule 6 of the Passport Rules,1950, R/W Sec 14 A (b) of the Foreigners Act 1946 R/W section  3 (c), (d) and (g) of Foreigners Act 1946). News of the FIR was received by CJP’s Team in Assam about a week ago after which hectic consultations began. This case has been filed in the name of about 250 people in this district.

Our inquiries have found that many of those named in this FIR  had been earlier already released from detention camp, some of them had been “declared Indian” after an arduous legal process by a Foreigners Tribunal (FT). For some others in the FIR, their case before an FT is ongoing and pending even as they were served a fresh salvo in the form of a notice under the Passport Act by a local court. For a few, their ongoing citizenship cases are pending in the Gauhati High Court.

Team CJP first came to know about this through a victim’s family. Within a few days, we discovered that as many as 250 people have now been singled out by the state under the Passport Act in Assam’s Chirang District. The first notice in the district was sent to a woman namely Sandhya Rani Sarkar. Sandhya Rani, as soon as she received this notice went in panic to a lawyer where reportedly, she was asked for an astronomical Rs 2 lakh to resolve the case. Daunted by this, her son approached Team CJP and discussed the case. Her son said, “I have known of CJP and it helps people with different issues of Citizenship issues  including D voter   FT notice etc.”  He added, “I even accompanied team CJP when some people were released from detention camps.” However, he  continued “But when this type of  notice came from court, I didn’t understand what it was, so I went to another lawyer with it, and when I saw that it was a lot of money, I got scared!”

It may be noted that Sandhya Rani faces earlier proceedings too in which her citizenship has been doubted: an FT notice was issued earlier in the name of Sandhya Rani Sarkar, she obtained bail and now her case is on before the High Court. The family and Sandhya Rani faced acute depression when notice of the fresh passport case was received by them!

Besides, notices were also issued in the names of Salma Khatun and Amala Das of Chirang district. These two Victim  families have also contacted CJP. Now, Salma Khatun has already been declared Indian by an FT earlier. In addition, Amala Das is a released detenu from the Kokrajhar detention camp in a foreigner’s case. She was released on bail with the help of the CJP in 2021. She regularly presents herself before the local police station every week. Now, she is terrified that the fresh e Passport Act case came in her name. It looks like her ordeal will never end.

After hearing the news of these three women victims, Team CJP became alive to this fresh assault on citizenship rights of people of Assam. We held hectic consultations with the Team in Assam, CJP Secretary Teesta Setalvad and Guwahati High Court advocate and member of CJP’s legal team, Mrinmoy Dutta. It was following a ground level inquiry that we found that more than 250 people have been victims of these cases in Chirang district.

The risky aspect of these cases is that the FIR comes with the threat and possibility of an arrest warrant. CJP Assam Team In-charge Nanda Ghosh, legal team members Abhijeet Choudhury, legal team member Dewan Abdur Rahim and CJP Volunteer Advocates have started working on this new batch of cases as there is concern and worry that though this first FIR against 250 persons has been filed in Chirang district of Assam, it is more than likely that similar cases will sprout up in various parts of Assam. So far a three pronged attack, now it appears that Passport Act cases constitute a newly found strategy of the government to target and harass genuine citizens.

Related:

Citizens for Justice and Peace intervenes as Assam beggar receives FT notice

Even beggars and differently abled are not spared by Assam FTs! 

Legit voter served “FT notice”, money extorted, CJP steps in: Dhubri, Assam

Two more women saved from spectre of statelessness in Assam: CJP Impact 

CJP helping a daughter secure her mother’s release from Assam detention camp

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

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Saheba Bibi’s fight for justice: CJP takes on her case to prevent statelessness https://sabrangindia.in/saheba-bibis-fight-justice-cjp-takes-her-case-prevent-statelessness/ Sat, 13 May 2023 07:58:41 +0000 https://sabrangindia.com/article/auto-draft/ Over the past few weeks, CJP has brought to you heartrending stories of loss, grief – and perseverance from India’s Assam – there have been people, despite enjoying authorised voting rights by the Election Commission, are repeatedly designated as suspected immigrants! These are individual stories that narrate the irrevocable loss the citizenship crisis leaves in […]

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Over the past few weeks, CJP has brought to you heartrending stories of loss, grief – and perseverance from India’s Assam – there have been people, despite enjoying authorised voting rights by the Election Commission, are repeatedly designated as suspected immigrants! These are individual stories that narrate the irrevocable loss the citizenship crisis leaves in its wake regardless of the outcome, the backbreaking effects of combined impacts of poverty, natural disasters, violence, that the people of Assam grapple with as they try to “prove their citizenship.”

Bone-chilling stories of the perseverance of hope and human compassion trail the work of CJP, and some of the stories we have covered include that of Shukur Ali, Bhaleno Bibi, and Usman Ali, to name a few. CJP’s team in Assam is a vibrant presence spread across more than 10 districts, with a team constantly checking up on affected people and cases, whether new or old.

In April 2023, CJP’s District Voluntary Motivator, Mominur Islam, came across Saheba Bibi living in the Pipulbari village of South Salmara, Mankachar district. She was recently served a notice for being a suspected foreigner from the South Salmara-Mankachar Foreigners’ Tribunal. Under the enervating weight of poverty, 55-year-old Saheba Bibi found herself enmeshed in the snares of Assam’s infamous citizenship crisis. Barely making ends meet, Saheba Bibi and her family, who reside in Pipulbari include sons who work as daily wage labourers. A family with no resources has found foisted upon themselves the horrifying prospect of seeing their mother become stateless and imprisoned.

Despite having filed a case after being served a Suspected Foreigner notice, her case did not make any progress or headway as of now. The family was battling with poverty and a lack of resources made them even more vulnerable to finding the legal process extremely debilitating.

In this vulnerable situation, CJP came upon Saheba Bibi and her family, who requested to guide her family and (already hired) advocate in the matter. CJP resolved to provide Saheba Bibi with all the help possible. CJP’s assurances have bolstered hope and strength for Saheba Bibi, who had been at a complete loss of hope earlier. CJP’s state coordinator in Assam, Nanda Ghosh, states with resolve, “We will stand with Saheba Bibi in the fight for citizenship in upcoming days.”
Related:

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

Two more women saved from spectre of statelessness in Assam: CJP Impact

Walking the extra mile: CJP sustains 3-year-long effort to aid released detainee live a life of normalcy!

Massive evictions continue in Assam: Around 2500 Bengali speaking Muslim families have been displaced

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Citizens for Justice and Peace intervenes as Assam beggar receives FT notice https://sabrangindia.in/citizens-for-justice-and-peace-intervenes-as-assam-beggar-receives-ft-notice/ Sat, 06 May 2023 12:40:46 +0000 https://sabrangindia.com/article/auto-draft/ CJP assists FT notice recipients Halima Bibi and disabled husband in citizenship battle

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Seven months ago, in October 2022, CJP came across the heart-rending case of Halima Bibi and her husband. They were both labourers, but due to debilitating poverty and her husband’s health, Halima Bibi is now forced to beg. There is no end to their troubles as the Assam Police suddenly served them notice for being “suspected immigrants”. The couple had no resources to fight for their citizenship, legally. Fear had gripped the household as the prospect of being stateless and detained in Assam’s detention centres meant the inevitable death of Halima Bibi’s husband.

When CJP’s Team member, HabibulBepari, the District Volunteer Motivator (DVM) from Dhubri district first met Halima Bibi and explained the nature of their work, promising to stand with her in her legal fight, Halima Bibi cried out in relief, promising prayers for CJP. CJP first learnt of Halima Bibi’s case in October 2022. CJP’s DVM (District Voluntary Motivator) and Community Volunteer informed the whole team about the vulnerabilities of the couple, after which CJP’s state in-charge, Nanda Ghosh, visited her home as well. Since then, over the past six months the team has been consistently checking up on her for matters pertaining to the FT notice and other concerns, such as her ailing health.

Halima Bibi and her husband, Taijul Sk, reside in the village of Uttar Morogodadhar. Apart from taking care of the finances as well as the household, she must take care of her husband, who is disabled. Of her five children, four were girls that she and her husband married off, and one was a boy who, the couple says sorrowfully, abandoned them, leaving them to fend for themselves. As she tries to make ends meet to put a day’s meal and medicine on the table for her and her husband, Halima Bibi finds that she must fight to prove her citizenship.

The couple had been a merry twosome, once working as farm hands or migrant labourers as their small family grew. Her husband’s condition was not congenital; he had been travelling for work when suddenly he went missing. Halima Bibi did not hear from him for three days. He was discovered heavily injured and bleeding, immobile yet alive, in a forest. Since then, circumstances have forced Halima Bibi to beg for a living.

Even this fragile yet contented state of survival Halima Bibi had managed with her husband was shaken to its core when the couple was sent a suspected foreigner notice by the Assam Police. On receiving this summons to the dreaded Foreigner Tribunal, Halima Bibi was aware that a possible end to it might mean her being sent to a detention camp. The very thought robbed the couple of their sleep for days on end. In another setback for the couple, Halima Bibi has been also marked as a ‘D’ voter! Despite having voted earlier – and having sufficient documents to disprove the claim, she could not challenge it. It was at this moment when Halima Bibi had lost all hope and means that CJP stepped in and counselled her – assuring her that the CJP’s team would guide and assist her throughout the whole process, instilling confidence in her for the team as well as for herself. CJP’s legal member Advocate Abhijeet Choudhury and of Dhubri district, Advocate Iskinder Azad, took over her case. CJP’s community volunteers also assured them they would guide and accompany her for her monthly visits mandated by the FT. In the following months, CJP’s team has been assisting her with a humane and dignified attitude – being cognisant of her vulnerabilities and struggles by making continuous visits to her. For instance, at the beginning of April, CJP’s team members went to notify the Dhubri tribunal when she was unable to make an appearance due to her ill health, along with requisite documents of proof of illness.

The team made a thorough examination of her documents, concluding that they would be able to present her case effectively and strongly, especially since she had her father’s name on the 1966 voter list, as well as all other necessary documents. Her name was not on any land papers belonging to her natal family, all the land her father had left was in her brother’s name. Therefore, for the few important documents remaining, CJP resolved to pair up with her brother and procure them. As CJP explained this to the couple, tears poured down Taijul Sk’s face, despite being unable to speak, the relief and hope were palpable and alive in his eyes.

Related

Even beggars and differently abled are not spared by Assam FTs! 

Legit voter served “FT notice”, money extorted, CJP steps in: Dhubri, Assam

Two more women saved from spectre of statelessness in Assam: CJP Impact 

CJP helping a daughter secure her mother’s release from Assam detention camp

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

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