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

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

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

The journey of Sarathi Arjya

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

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

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

Proving Sarathi’s citizenship

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

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

The legal battle

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

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

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

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

The broader struggle

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

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

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

Related:

Maharashtra: Six more complaints filed against hate offenders by CJP

Demolitions: SC orders status quo on Sonapur demolitions, issues notice to Assam Government Uttarakhand, UP, Gujarat also ignore Sept 17 order

Eviction tragedy in Assam: Two killed during eviction drive as police firing sparks allegations of government bias

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

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

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.

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:

Related

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

Assam CM Himanta Biswa Sarma’s allegedly casteist social media post, raises concerns of promoting oppression

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

Assam: 14 people sent to detention camp after “routine check”

The post CJP brings relief to a family’s struggle for their lost identity in Assam appeared first on SabrangIndia.

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 

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

CJP moves NCM against arms training camps, weapon distribution events in Assam and Rajasthan

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

Assam Woman granted Indian Citizenship after CJP’s tireless advocacy

The post Standing Strong: CJP aids Dalit woman labelled as ‘Doubtful Citizen’ appeared first on SabrangIndia.

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

The post 97-year old left in legal limbo as lawyer abandons case, CJP comes to the rescue appeared first on SabrangIndia.

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

Assam Woman granted Indian Citizenship after CJP’s tireless advocacy

The Notorious Foreigners’ Tribunals of Assam

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

The post Assam Citizenship Crisis: Family forced to prove deceased member’s citizenship appeared first on SabrangIndia.

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!

The post EXCLUSIVE: Bulk FIRs targets Assamese Indians through Passport Act cases, new assault on Citizenship rights: Assam appeared first on SabrangIndia.

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

The post Saheba Bibi’s fight for justice: CJP takes on her case to prevent statelessness appeared first on SabrangIndia.

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!

The post Citizens for Justice and Peace intervenes as Assam beggar receives FT notice appeared first on SabrangIndia.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

On March 3, the Gauhati High Court passed an order stating that the principle of res judicata will not apply if the order of the Tribunal has not provided a reasoned order, i.e. not provided a substantial resonating for their decision. The division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan was hearing the case of one Rafikul Islam, who had approached the Gauhati High Court against the impugned order of Foreigners’ Tribunal, passed in 2022, which had declared him a foreigner.

As per the facts of the case, the petitioner had been declared a foreigner by the Foreigners’ Tribunal (II), Sonitpur in F.T. Case No.05/2019, by an order dated September 8, 2022. Thus, he was deemed to be a non-citizen of India who had entered the State of Assam after March 25, 1971.

Appealing against the impugned order, the petitioner had contended that there was an earlier round of proceeding against him in the same Foreigners’ Tribunal, in F.T. Case No.102/2014,in which an order had already been passed declaring the petitioner as not a foreigner. Referencing to the same, the petitioner had submitted that a subsequent proceeding before the same Tribunal was barred by the principles of res judicata.

“The principles of res judicata under the law requires two conditions precedent to be satisfied i.e., the earlier dispute must be between the same parties and secondly, the issue between the parties must be decided. The very condition that the issue must be decided requires that it must be decided by a reasoned order and not by an order merely depicting the view that the Foreigners Tribunal may have taken without any reason. From such point of view, we are unable to accept the plea of the petitioner that the subsequent proceeding against the petitioner…is barred by the principles of res judicata.”(Para 6)

Deciding on the said case, the bench noted that the opinion rendered by the Foreigners’ Tribunal in the previous round of litigation (2014) had not given any reason behind declaring the petitioner as not a foreigner.

 “An unreasoned order is unacceptable in law, more so, when the said order is relied upon in a subsequent proceeding to take the plea of the subsequent proceeding being barred by the principles of res judicata,” the bench stated in its order. .”(Para 5)

However, keeping in mind the interests of justice and the petitioner, the court remanded the matter back to the Tribunal to take up the records of both cases and pass a reasoned order based on the materials that were available in the two proceedings.

The bench stated “But, however, for the interest of justice, we remand the matter back to the Foreigners’ Tribunal (Second) Sonitpur to take up the records of F.T. Case No.102/2014 as well as F.T. Case No.05/2019 and pass a reasoned order on the materials that may be available in the two proceedings.”(Para 7)

The court ordered the petitioner to file an appeal with the Tribunal on April 6 and stated that no coercive action would be taken against the petitioner until the Tribunal issues a reasoned order.

The order of the High Court can be read here.

What does the law say?

A speaking order or a reasoned order is considered as the third pillar of natural justice. When an adjudicating body provides a reason for the decision they make while hearing a case, the decision is referred to as a reasoned decision. The recording of reasons in support of the conclusions reached by the Courts in our judicial system has been recognised since the system’s inception. A litigant’s right to know the reasons for the Judges’ decisions is an essential one. Even a brief recording of reasoned opinion justifying the decision would be sufficient to pass the test of a reasoned order or judgment.

A non-speaking, unfounded, or ambiguous order passed or judgment delivered without taking into consideration the relevant facts, evidence available, and the law attracted thereto has always been considered inappropriate and judicially de-recognised by the courts. The mere use of the words or language of a provision in an order or judgment without any mention of the relevant facts and evidence has always been treated by the superior courts as an order incapable of withstanding the test of a judicially passed order.

Related:

Gauhati HC overturns FT’s order declaring a resident of Assam as Foreigner

Rescuing people from statelessness: CJP in Assam, a 2022 overview

CJP helps another hapless Muslim individual in securing bail: Gauhati HC

Floods and landslides cannot deter CJP’s Assam team

Assam man forced to prove Indian citizenship four times!

Cannot keep ‘suspected foreigners’ with ordinary criminals: Gauhati High Court

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

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

Asia’ biggest permanent “detention camp”, Matia Transit Camp, opens in Assam

The post Gauhati HC hears Res-Judicata plea in petitioner’s case, citing dual proceedings in same court appeared first on SabrangIndia.