The first and most pressing is the case of 26-year-old Sunali Khatun from Birbhum’s Murarai area, pregnant at the time of her arrest, who was detained in Delhi in June along with her husband and 8-year-old son and subsequently deported to Bangladesh. She is currently jailed in Bangladesh, legally battling for her return to India.

The Sunali Khatun case

Sunali and her husband, Danish Sheikh, along with their son, were apprehended in Delhi’s K.N. Katju Marg in June, labeled as illegal immigrants. Their deportation was ordered by the Foreigners Regional Registration Office (FRRO) and executed despite Sunali’s family presenting Aadhaar and PAN documents, as per a report in the Times of India.

What has triggered shock and outrage is the revelation that Sunali’s parents — Bhodu Sheikh and Jyotsna Bibi — are listed as voters in Bengal’s 2002 SIR-era electoral roll, under Murarai assembly constituency.  Under the Citizenship Act, one route to being a citizen by birth is if one parent was an Indian citizen at the time of the person’s birth. In this case, both parents appear on a list of voters deemed legitimate by the Election Commission of India (EC).

The Calcutta High Court (HC) in September quashed the FRRO deportation order, noting the haste of the process and the mismatch in Sunali’s age (26 yrs, implying birth in 2000) and the claim of illegal entry in 1998. The court directed the Centre to repatriate her and her family within four weeks — a deadline that has lapsed, The Indian Express reported.

Her father told The Indian Express that “Now our names are on the list. What more do I need to have my pregnant daughter and her family back home?”

The ruling party in Bengal, the All India Trinamool Congress (TMC), has seized on these facts to accuse the opposition and the Centre of weaponising the SIR process and targeting poor Bengali-speaking migrants. In a post on X (formerly Twitter), the TMC declared:

“To brand an expectant mother as an illegal infiltrator when her parents stand documented as Indian citizens in the 2002 electoral rolls, is not administrative oversight; it is a moral collapse orchestrated in the name of nationalism” as per a report in the Shillong Times.

Meanwhile, the Centre has moved the matter to the Supreme Court, resisting immediate compliance with the HC’s order.

A suicide amid SIR fears

In a parallel but separate another incident, Kakoli Sarkar, a 32-year-old homemaker originally from Dhaka, married and living in Titagarh for 15 years, ended her life by self-immolation. According to her mother-in-law, Kakoli had valid Indian documents, had voted in multiple elections, yet she lived with anxiety that her name was not on the 2002 voters’ list and that the SIR/NRC process might render her a suspect.

According to reports, on the night of her death she left a note stating that “No one is responsible for my death … I don’t feel well here … Please take care of my two daughters…”

Local police have detained her husband Sabuj Sarkar and her in-laws for questioning to determine if family pressure and documentation fears contributed to the tragedy, as reported

Impact and broader anxieties

These two cases are emblematic of a heightened climate of uncertainty across Bengal, where the SIR rollout and the spectre of the National Register of Citizens (NRC) continue to loom large. The EC’s announcement of SIR-drives across multiple states and Union Territories, including West Bengal, has reignited fears of exclusion, statelessness, and the sense that one’s right to remain is provisional, reported Sabrang India.

For Sunali’s family, the fact that her parents are on the 2002 roll should — in principle — secure her legitimacy. Yet she remains in a Bangladeshi prison and the deadlines set by the court remain unmet. For Kakoli, despite voting and living in India for years, the absence of a listing on the 2002 roll and the ongoing SIR process appears to have triggered existential dread.

Kakoli Sarkar’s suicide is not the only one

The fear that drove Kakoli Sarkar, to end her life amid growing panic over the Special Intensive Revision (SIR) of electoral rolls is not an isolated tragedy. Her death joins a disturbing pattern of despair spreading across Bengal — where citizenship and belonging have become matters of fear rather than procedure.

Haunted by NRC and citizenship fears

The recent death of 57-year-old Pradip Kar from Agarpara, North 24 Parganas, once again exposes the deepening distress among Bengal’s citizens over ongoing citizenship verification exercises. On October 28, 2025, Kar was found hanging in his home, leaving behind a suicide note that “NRC is responsible for my death.”

According to SabrangIndia’s report, his family said he had grown increasingly anxious after the Election Commission announced the Special Intensive Revision (SIR) of electoral rolls across 12 states, including West Bengal — a move widely feared to be a prelude to an NRC-like process.

According to Barrackpore Police Commissioner Murlidhar Sharma, there were no signs of foul play, but Kar’s note made an explicit reference to the NRC. “The family told us he was deeply disturbed by NRC-related reports. After the SIR announcement, he appeared anxious but they assumed it was illness,” Sharma said. Kar’s sister recalled, “He used to tell us he would be taken away in the name of NRC.”

Kar’s death mirrors the earlier tragedy of 31-year-old Debashish Sengupta from Kolkata, who died by suicide in March 2024 after being gripped by fears linked to the Citizenship Amendment Act (CAA). As reported by Sabrang India, Sengupta—visiting his grandparents in South 24 Parganas—was found hanging after confiding that his ailing father, a migrant from Bangladesh, could be denied citizenship for lack of documents. His family said he was “consumed by dread” that the new CAA rules would render many stateless.

These deaths are no longer isolated incidents but reflections of emerging fears consuming ordinary citizens where bureaucratic exercises meant to verify identity instead provoke panic about erasure. Across Bengal, whispers of “NRC coming through the backdoor” now carry the weight of lived fear, not mere speculation.

Related:

Haunted by NRC fears, 57-year-old West Bengal man dies by suicide; Mamata blames BJP for turning democracy into a “theatre of fear”

Kolkata man commits suicide, family claims CAA rules led him to it

Selective & discriminatory, CAA notification likely to be followed by NPR-NRC

The post Pregnant woman deported despite parents on 2002 SIR rolls, another homemaker commits suicide appeared first on SabrangIndia.

His family said he had dinner the previous night and went to sleep as usual. The next morning, he was discovered dead in his room. A diary recovered from the scene contained a suicide note that “NRC is responsible for my death.”

Pradip had been deeply disturbed by NRC-related reports

According to Dainik Bhaskar, Barrackpore Police Commissioner Murlidhar Sharma confirmed that the note was written in Bengali and made specific reference to the National Register of Citizens (NRC).

“The family told us that Pradip had been deeply disturbed by NRC-related reports. After the announcement of the SIR on Monday, he appeared restless, but his family thought he was unwell. He had dinner and went to bed as usual, but did not respond the next morning,” Sharma said.

The officer added that there was no sign of foul play. The body was sent for post-mortem examination, and an investigation is underway, as reported

Kar’s elder sister told reporters, “My brother was very scared about the implementation of the NRC. He used to tell us that he would be taken away in the name of NRC” as per a report in the New Indian Express reported.

SIR rollout triggers fresh anxiety

The suicide came barely 24 hours after the Election Commission announced a Special Intensive Revision (SIR) of electoral rolls across 12 states and union territories, including West Bengal. The exercise, which begins enumeration immediately, was meant to simplify document verification after widespread anxiety during Bihar’s earlier SIR.

However, in Bengal—where fears of an NRC-like process have periodically surfaced—the announcement appears to have reignited old apprehensions.

Mamata Banerjee blames BJP’s “politics of fear”

West Bengal Chief Minister Mamata Banerjee sharply criticised the Bharatiya Janata Party (BJP), accusing it of exploiting the contentious issue of the National Register of Citizens (NRC) for political gain, which she termed the “politics of fear.”

Taking to X (formerly Twitter), she said “57-year-old Pradeep Kar from 4 Mahajyoti Nagar, Panihati, Khardaha (Ward No. 9) has taken his own life, leaving behind a note that says, “NRC is responsible for my death.” What greater indictment can there be of the BJP’s politics of fear and division? It shakes me to the very core to imagine how, for years, BJP has tormented innocent citizens with the threat of NRC, spreading lies, stoking panic and weaponising insecurity for votes. They have turned constitutional democracy into a draconian law-regime, where people are made to doubt their own right to exist. This tragic death is the direct consequence of BJP’s venomous propaganda. Those who sit in Delhi and preach nationalism have pushed ordinary Indians to such despair that they are dying in their own land, fearing they will be declared ‘FOREIGNERS’”

“Bengal will resist, Bengal will protect, Bengal will prevail: Mamta Banerjee

Banerjee issued a demand for the Central Government to “stop this heartless game once and for all,” demonstrating her government’s opposed stance against the implementation of the NRC in the state.

She declared, “Bengal will never allow NRC, and never allow anyone to strip our people of their dignity or belonging.” She said that the soil of Bengal belongs to “Maa, Mati, Manush” (Mother, Motherland, People), not to those “who thrive on hate.”

“In a final, defiant message directed at the central leadership” she proclaimed,

She further added that “Let the Delhi Zamindars hear this loud and clear: Bengal will resist, Bengal will protect and Bengal will prevail.”

57-year-old Pradeep Kar from 4 Mahajyoti Nagar, Panihati, Khardaha (Ward No. 9) has taken his own life, leaving behind a note that says, “NRC is responsible for my death.” What greater indictment can there be of the BJP’s politics of fear and division?

It shakes me to the very…

— Mamata Banerjee (@MamataOfficial) October 28, 2025

BJP calls CM’s remarks “lies and theatrics”

Within hours, BJP leaders hit back, accusing Mamata Banerjee of “politicising a personal tragedy.”

BJP IT cell Chief Amit Malviya wrote on X, “The tragic death of Pradeep Kar must be investigated thoroughly — the cause of suicide can and must be determined only by the law and investigating agencies, not through political rhetoric.”

He dismissed Banerjee’s charge, saying, “Let’s also get the facts right — there is NO NRC anywhere in the country. Mamata Banerjee is lying and deliberately spreading panic to stoke fear among people for political gain.”

Malviya further alleged that it was the Trinamool Congress, not the BJP that had historically “weaponised fear” for electoral purposes.

“The same fear was used to loot, assault, and suppress voices, as seen in Sandeshkhali and during the riots in Malda and Murshidabad,” he wrote, claiming that the TMC’s narrative sought to protect “illegal infiltrators” who formed its “vote bank.”

He concluded, “Truth and accountability will prevail — not fear mongering.”

The tragic death of Pradeep Kar must be investigated thoroughly — the cause of suicide can and must be determined only by the law and investigating agencies, not through political rhetoric.

Let’s also get the facts right — there is NO NRC anywhere in the country. Mamata Banerjee… https://t.co/uKZLQlUxI6

— Amit Malviya (@amitmalviya) October 28, 2025

Learn Bengali before commenting, says Abhishek Banerjee

Responding to Malviya’s remarks, Trinamool Congress national general secretary Abhishek Banerjee was caustic. “Amit Malviya has no understanding of the Bengali language. The suicide note is written in Bangla. Let him learn the language first and then he can make his comments,” he said, as reported in the Indian Express.

Later, Abhishek demanded criminal accountability for the incident. “An FIR should be filed against Union Home Minister Amit Shah and senior official Gyanesh Kumar for creating the panic that led to this death. The political answer to this death will come through the ballot,” he declared.

Kolkata youth’s death over CAA fear mirrors citizenship anxiety

According to Sabrang India, in a similar incident earlier this year, 31-year-old Debashish Sengupta from Kolkata reportedly took his own life, allegedly driven by panic over the recently notified Citizenship Amendment Act (CAA) Rules, 2019. Sengupta, who was visiting his maternal grandparents in Subhashgram, South 24 Parganas, was found hanging on the night of March 20, 2024. His family claimed he had been under immense anxiety that his ailing father — a migrant from Bangladesh — would be denied citizenship for lacking proper documents.

Related:

ECI’s announced nationwide SIR, will cover 12 States and UTs with a reduced documentary burden

Kolkata man commits suicide, family claims CAA rules led him to it

ECI’s nationwide SIR plan: a ‘unified’ push, applied differentially across states

The post Haunted by NRC fears, 57-year-old West Bengal man dies by suicide; Mamata blames BJP for turning democracy into a “theatre of fear” appeared first on SabrangIndia.

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 10^th 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

The post Matleb Ali declared Indian by Tribunal, ending a long fight to prove his identity appeared first on SabrangIndia.

Declared a ‘foreigner’ by Foreigners’ Tribunal No. 10 in Nagaon on October 31, 2016 (Case FT(D) No. 24/2015), Matleb had managed to secure bail from the Gauhati High Court in February 2017. But in September 2024, the same court upheld the Tribunal’s declaration. He was detained and sent to the Matia Transit Camp — Assam’s largest and newest detention facility — on December 5, 2024.

For five months, Matleb remained incarcerated in this high-security detention camp, far from his home in Hojai. He was seriously ill for much of that time of detention— taken to hospitals several times, even admitted for 17 days before Eid. Yet, according to his family, he had no serious health issues before his detention. Whatever illness consumed him began only after he was imprisoned. Even as he deteriorated, his family was never provided with a single medical record — neither during his detention, nor after his death.

On the evening of April 17, 2025, the family received a call from Matia officials. Matleb’s condition had worsened, they were told, and they should come see him. Given the long journey — over 300 kilometres from Hojai to Goalpara — the family asked if they could leave the next morning. The officials agreed. But just a few hours later, around 1 a.m., another call came. Matleb had been shifted to the Guwahati Medical College and Hospital (GMCH).

His wife, Husanara Begum, and her brother, Sarmul Islam, immediately left for Guwahati at 3 a.m. They reached the hospital by morning. But instead of finding Matleb under treatment, they were met with silence and evasion. It wasn’t until 3 pm — after hours of waiting and pleading — that Sarmul was allowed into the morgue. That is where he finally saw his brother-in-law, lifeless.

Abdul Matleb was the sole breadwinner for his family — a wife and four daughters, three of them still in school. He worked as a rock breaker, a job his wife also took up to support the household. But now, caught in mourning rituals and with no son to assist her, she cannot return to work. The family is left with no income, no explanation, and no justice.

Even during his medical visits, Matleb was treated as a criminal. He was often taken to hospitals in handcuffs. “Where would he run in that condition?” his brother-in-law had asked the police once. Only then were the cuffs removed.

In the most heart-wrenching moment of this story, the authorities who had insisted Matleb was a Bangladeshi handed over his body to be buried in the land where he was born, lived, and worked all his life. Initially, the family refused to accept the body. “If he was Bangladeshi, send his body there,” they told the officials. But eventually, they relented. His daughters, they felt, should have the chance to see their father one last time.

He was buried in a small graveyard just a few steps from his home in Hojai — the same place his ancestors were buried. A man declared a foreigner by the State was returned in death to the soil of his birth.

This tragedy did not happen in isolation. Similar deaths have occurred in Assam’s detention centres — and in each case, the bodies were quietly returned to their families in India. These stories lay bare the moral and administrative collapse of the state’s ‘foreigner detection’ mechanism.

When a team from Citizens for Justice and Peace (CJP) visited the family, there were no words that could make sense of the grief. Matleb’s youngest daughter, Abida, who studies in Class IV, could not speak. Her eyes were dry, her face blank. Her smile, her family said, has not returned.

Sarmul Islam, her maternal uncle, recounted the events while speaking to CJP Assam team, and said:

      “We got a call at 9 pm on April 17 saying his health was failing. We told them we’d come early next morning. They said okay.      Then around 1 am, they said he had been shifted to Guwahati. We left at 3 am. But when we reached, they kept us waiting for hours. Finally, after 3 pm, they showed us the body.”

      “We didn’t want to accept the body. If he was a foreigner, send him to Bangladesh, we said. But we thought of the girls. They should at least get to see him one last time.”

      “He never had a serious illness. All of this happened after he was taken to detention. He was taken to hospital four or five times. Only once was he in Guwahati for 13–14 days. They would call us, but never give us any reports. And every time, he was in handcuffs. Only once, after we requested, they removed them.”

“He had all his documents. This happened only because of two names — Abdul Matleb and Matleb Ali. That’s it. No one else in the family has a case. His parents, his relatives — all here. If he’s Bangladeshi, then they are too. But it was just him.”

Assam’s detention regime operates on a cruel paradox. People are declared foreigners on the flimsiest of grounds — spelling errors, document mismatches, legacy data discrepancies. They are then locked away in high-security camps, often far from their families, with little transparency, few legal safeguards, and no meaningful remedy.

Worse still, the system makes no sense even on its own terms. If Matleb was not Indian, why was his body given to his family in Hojai? Why was he buried in the local graveyard? The State has no answer. On behalf of CJP, a team of five set out early in the morning and travelled over eight hours to reach Abdul Matleb’s grieving family. But once there, we were left speechless. The pain in that home was beyond words, the moment beyond description. What can be said when a system, in the name of identifying ‘foreigners’, inflicts such relentless cruelty on its own people? Assam’s Foreigners Tribunals and detention camps have become a dark stain on our democracy—where those who belong are treated like criminals, and where justice is lost to bureaucracy and bias.

This issue has been raised repeatedly — by human rights organisations, especially CJP, in the national media, even in the Assam Legislative Assembly. Yet, the cycle of injustice grinds on.

Abdul Matleb was handcuffed in life and returned as an Indian only in death. In seeking to identify ‘foreigners’, the Indian State is erasing the dignity of its own citizens — and in cases like this, even their lives.’

Related:

CJP triumphs in securing bail for Assam’s Sahid Ali: A step towards restoring citizenship

Ajabha Khatun, among the 63 facing detention in Assam, seeks Supreme Court intervention, emphasis on pending legal remedies

SC: Only 10 deported, 33 of 63 contest foreigner status from the Matia Transit Camp, Assam

SC: Only 10 deported, 33 of 63 contest foreigner status from the Matia Transit Camp, Assam

The post Foreigner in Life, Indian in Death: The cruel end of Abdul Matleb in assam’s detention camp appeared first on SabrangIndia.

Additional Chief Judicial Magistrate Vaibhav Chaurasia of the Rouse Avenue Courts orally remarked, “this means FIR,” indicating that the court’s directive for further investigation effectively necessitates the registration of a First Information Report against Mishra. The judge observed that a cognizable offence had been established concerning one of the incidents detailed in the complaint, warranting deeper scrutiny.

The court stated that the evidence presented by the prosecution clearly placed Mishra at the scene and that “all the things were corroborating.” It further noted that Mishra, during interrogation, admitted to being in the area and acknowledged that people had gathered around him, many of whom he knew. This admission, the court stated, “fortifies the allegations of the complainant.”

Significantly, the court pointed out that Mishra’s statement was not framed in terms of support for or opposition to the Citizenship Amendment Act (CAA) but rather in explicitly communal terms. The court noted that Mishra “had not framed his statement under ‘Pro-CAA or Anti-CAA’ but rather ‘DUSRI TARAF MUSLIM’ with the distinction of us and them, wherein them is ‘DUSRI TARAF MUSLIM.’” The judge remarked that such rhetoric “clearly establishes sides and requires investigation to unearth the truth.”

As per a report in LiveLaw, the court further observed that Mishra’s presence in North-East Delhi a day before the riots, which he himself admitted, could not be ignored. Additionally, it directed that senior police officer DCP Ved Prakash Surya be examined, following allegations by the complainant that Surya had threatened protesters, saying, “If you did not stop this protest, then consequence will happen here that you will be killed.” The judge stressed that “his personal interrogation is necessary,” adding, “The series of events reveals that perhaps, if allegations of complainant are found to be true, then DCP Ved Prakash Surya knows something which this Judiciary does not.”

At the same time, the court stated that if the complainant’s allegations were proven false, the Delhi Police would be at liberty to take action under Section 182 of the IPC for filing false information. It also directed the DCP of North-East Delhi to ensure that the order for further investigation was sent to the appropriate police station within its jurisdiction. Failure to comply, the court warned, would hold the DCP legally accountable.

The Delhi Police has been ordered to file a compliance report by April 16, 2025, the next date of hearing. Petitioner Mohammad Ilyas was represented by Advocate Mehmood Pracha, while Special Public Prosecutor Amit Prasad appeared for the Delhi Police.

This directive represents a major step towards accountability in the 2020 Delhi riots case, even if it is beginning 5 years down the lane. Despite the political climate and prior reluctance to act against influential figures, the court’s insistence on further investigation highlights the need for an impartial and thorough probe into the events leading to the communal violence.

Details of the complaint against Delhi Law Minister Kapil Mishra

A Delhi court was hearing a complaint filed by Mohammad Ilyas, seeking an investigation into the alleged role of BJP leader and Delhi Minister Kapil Mishra in the 2020 North-East Delhi riots. The plea, however, was met with strong opposition from the Delhi Police, who argued that Mishra was being falsely implicated as part of a “well-planned conspiracy.”

The complainant, Mohammad Ilyas, sought the registration of an FIR against Mishra, along with then SHO of Dayalpur police station and five other individuals, including BJP MLA Mohan Singh Bisht and former BJP MLAs Jagdish Pradhan and Satpal Sansad.

According to Ilyas, on February 23, 2020, he personally witnessed Mishra and his associates blocking a road and destroying the handcarts of street vendors. He also alleged that the then Deputy Commissioner of Police (North-East) and other officers were present alongside Mishra as he issued warnings to anti-CAA protesters, demanding they vacate the area or face dire consequences.

Ilyas had moved the court in December 2024, urging an inquiry into the roles of Mishra and six others in the riots, which resulted in 53 deaths and over 700 injuries. In March 2025, the Delhi Police reiterated their stance, arguing that Mishra’s role had already been investigated and “nothing incarcerating” had been found.

In his petition, Ilyas specifically named Mishra, Mustafabad MLA and Deputy Speaker Mohan Singh Bisht, the then DCP (North-East), the then SHO of Dayalpur police station, and former BJP legislator Jagdish Pradhan, holding them responsible for inciting the riots. As reported by The Hindu, Ilyas stated that he saw Mishra and his associates obstructing a road in Kardampuri and damaging street vendors’ stalls. Additionally, he alleged that the former North-East DCP and several police officers stood by as Mishra issued threats to anti-CAA demonstrators.

Ilyas also accused the former Dayalpur SHO and others of vandalising mosques across North-East Delhi, further intensifying concerns over the role of law enforcement in the communal violence.

Delhi Police opposes plea seeking FIR

On March 6, 2025, the Delhi Police filed a written submission before a Delhi court, opposing a plea that sought the registration of an FIR against BJP leader and Delhi Minister Kapil Mishra for his alleged involvement in the 2020 North-East Delhi riots.

The police contended that the complaint, filed by Mohammad Ilyas, was part of a “well-planned conspiracy” to falsely implicate Mishra in the riots. They asserted that the BJP leader had no role in the violence and was being deliberately framed.

As part of their argument, the prosecution referred to conversations from various WhatsApp groups, including the Delhi Protest Support Group (DPSG), alleging that certain individuals had orchestrated a social media campaign against Mishra. The police claimed that the hashtag #ArrestKapilMishra was being used strategically to construct a misleading narrative around his involvement in the riots.

Additionally, the Delhi Police maintained that Mishra’s alleged role had already been investigated and that no incriminating evidence was found against him. In an earlier submission from October 2024, the police argued that the riots were the outcome of a “pre-planned conspiracy” designed to incite violence in Muslim-majority areas, particularly around mosques and religious sites. The goal, they claimed, was to escalate “protests” into “Chakkajaam” (road blockades) once a critical mass of demonstrators had gathered.

The police further stated that misleading WhatsApp messages were circulated at the time, falsely alleging that a mob led by Mishra had initiated the violence. They insisted that these claims were part of an attempt to create a false narrative and implicate him in the riots.

Opposition demands resignation of Kapil Mishra following court’s order

The Aam Aadmi Party (AAP) and the Congress on April 1, 2025, demanded the resignation of Delhi Law Minister Kapil Mishra after a city court directed the registration of an FIR to investigate his alleged role in the 2020 North-East Delhi riots.

Addressing a press conference, Delhi AAP president Saurabh Bharadwaj stated that sufficient evidence of Mishra’s involvement was already in the public domain and called for his immediate arrest. “Mishra should resign and be arrested, as the court has ordered an FIR to probe his role in the riots. For the sake of morality, he should step down, just as others accused in the case have been arrested,” Bharadwaj asserted.

As per the report of Times of India, Bharadwaj further criticised the delay in legal proceedings, pointing out that it took over five years for the judicial system to act on the case. Bharadwaj also alleged that a judge who had previously directed the police to take action in the case was transferred to another state.

AAP’s chief spokesperson Priyanka Kakkar echoed the demand, questioning why Mishra was being treated differently from others accused in the riots. “Every other accused in the Delhi riots case has been arrested. Why is Kapil Mishra an exception?” she asked.

Delhi Congress president Devender Yadav also called for Mishra’s resignation, citing the court’s findings. “The Rouse Avenue court has established that there is a cognisable offence against him. This is a serious matter, and if there is any sense of morality left, he should resign immediately to allow for a fair and independent investigation,” Yadav said.

Delhi riots case and Mishra’s incendiary speech

The 2020 North-East Delhi riots: The 2020 Delhi riots, which took place between 24 and 26 February, led to significant violence in North-East Delhi, resulting in 53 deaths, over 500 injuries, and extensive property damage. Ironically, while a majority of those killed and harmed were Muslims, most of those who have been arrested for their role during the riots are also Muslims. Several student leaders and activists, including Umar Khalid, Gulfisha Fatima, and Sharjeel Imam, were accused by the police of conspiring to incite the riots. These remain in jail, with the trial yet to begin. However, a fact-finding team formed by the Delhi Minorities Commission concluded that the violence was “planned and targeted” and held BJP leader Kapil Mishra responsible for triggering it.

Mishra’s alleged role in inciting violence: Delhi Cabinet Minister and BJP leader Kapil Mishra is accused of provoking violence through a speech delivered at Maujpur Chowk on February 23, 2020. In his speech, he issued an ultimatum, demanding that the police clear anti-CAA protest sites within three days or risk intervention by his supporters.

The fact-finding report had noted that “violence started in different pockets almost immediately after the short speech of Shri Kapil Mishra on 23 February, 2020, at Maujpur, in which he openly called for forcefully removing the protestors at Jafrabad in North-East Delhi.” It further highlighted Mishra’s explicit warning: “After that, we will not listen to the police if roads are not cleared after three days…”

The committee criticised the Delhi Police for failing to act against Mishra, despite senior officer DCP Ved Prakash Surya standing beside him during the speech. The report stated that “the open admission of ‘not listening’ to the police and extra-legal tactics should have been seen by the authorities as inciting violence.” The committee concluded that by not apprehending Mishra, the police “failed to take the first and most immediate preventive step needed to avoid violence and protect life and property.”

Legal challenges against Mishra and other political leaders: Multiple legal petitions have been filed seeking an FIR against Kapil Mishra for inciting violence. Human rights defender Harsh Mander had petitioned for an FIR against Mishra under Section 153 of the IPC (provocation for riot) and Section 125 of the Representation of People’s Act (causing ill will between communities for electoral purposes). These sections do not require prior government sanction.

Similarly, CPI (M) leader Brinda Karat has been pursuing legal action against politicians whose speeches allegedly incited violence against anti-CAA-NRC-NPR protestors. She approached the Delhi High Court after her plea to register an FIR against Union Minister Anurag Thakur and BJP MP Pravesh Verma for their alleged hate speeches was dismissed by a trial court on technical grounds. The trial court had ruled that a prior sanction from the central government was required before proceeding. Karat challenged this ruling, arguing that such procedural objections should be addressed early to prevent unnecessary delays in cases involving hate speech. (Details may be read here.)

Related:

Kapil Mishra delivers anti-Muslim statements, targets activist Harsh Mander in his speech

Kajal Hindusthani, Kapil Mishra, amongst others, target Muslim religious minorities, calls for their “erasure” and “Ghar Wapasi” unchallenged

Did Kapil Mishra’s Ram Navami speech incite communal violence, demolition drive in Khargone?

I have no regrets, if need be, I’d do it again: Kapil Mishra

CJP moves MEITY against Kapil Mishra’s communal social media posts

The post “This Means FIR”: Delhi Court orders further investigation, FIR against BJP leader Kapil Mishra five years after Delhi riots appeared first on SabrangIndia.

The office memorandum, issued by the Home and Political Department of Assam, emphasised the need to enhance border security, citing the detection of illegal immigrants as a critical national security issue. According to the memo, 54 individuals have been identified as illegal immigrants since January, with 45 of them deported to their country of origin. The notice stressed the absence of non-Indian origin residents in Assam’s upper and northern districts, framing the detection and removal of such individuals as essential to protecting national interests.

The said memorandum was shared on social media by CM Sarma, along with the caption that “We are intensifying efforts to remove illegal immigrants from Assam. The State Government is initiating a series of coordinated actions that include enhanced surveillance, closer coordination with central agencies, additional deployment of force among others.”

The post may be accessed here:

We are intensifying efforts to remove illegal immigrants from Assam. The State Government is initiating a series of coordinated actions that include enhanced surveillance, closer coordination with central agencies, additional deployment of force among others. @HMOIndia pic.twitter.com/DozR1GwTqJ

— Himanta Biswa Sarma (@himantabiswa) September 7, 2024

Details of the memorandum:

The memorandum lists a total of eleven ways in which the state government plans to detect illegal immigration across the borders, which include increase in border surveillance and patrolling, coordination with Border Security Agencies, and regular intelligence gatherings to find ways to deploy more trained personnel. The memorandum also refers to making efforts to increase community engagement and awareness and taking timely legal action.

Furthermore, the memorandum states that it will strengthen border outposts to identify suspicious individuals lacking valid identification as well as activate village/field-level government functionaries to gather information on new and unknown person of suspected nationality.

It is essential to point out here that the Supreme Court has repeatedly criticised the Assam government for its arbitrary, and often discriminatory practices, in accusing individuals of being foreigners and subjecting them to the arduous process of proving their citizenship. In a significant judgment of July 11, 2024, the bench of Justices Vikram Nath and Ahsanuddin Amanullah had observed that authorities cannot randomly accuse people of being foreigners and initiate investigation into a person’s nationality without there being some material basis or information to sustain the suspicion.

In its order, the bench had expressed dismay at the casual manner in which the authorities had initiated proceedings on mere suspicion without any material.

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

The bench had then proceeded to emphasise upon the requirement for the authorities to have material or information for suspecting a person to be a foreigner.

“First, it is for the authorities concerned to have in their knowledge or possession, some material basis or information to suspect that a person is a foreigner and not an Indian.” (Para 35)

This judicial rebuke underscores the state’s failure to implement a transparent, fair, and consistent mechanism, fuelling communal tensions and exacerbating the hardships faced by vulnerable populations. These arbitrary practices that have been adopted by the Assam government have disproportionately targeted marginalised communities, especially Bengali speaking Muslims, who are forced to navigate an opaque and hostile legal system. In many of the case, suspected individuals, despite being lifelong residents of India, are accused of illegal immigration with little or no substantial evidence. The process to defend one’s citizenship often involves costly and lengthy legal battles, which have driven many into despair and financial ruin. India’s Constitutional Courts have time and again condemned the state’s actions as a violation of basic human rights, noting that the Foreigners Tribunals have rendered unjust decisions, later overturned by higher courts, further highlighting the flaws in Assam’s approach to immigration and nationality. With the issue of the said memorandum, there is a potential of an increase in the number of people being arbitrarily suspected.

Surveillance intensified

Other than this, the present memorandum also mentions methods such as capturing of biometrics and Aadhaar numbers of suspected individuals, along with recording the numbers of their PAN card, Voter ID or passport, if any are possessed. The confiscation or denial of Aadhaar cards and other identification documents like PAN cards, Voter IDs, or passports from individuals suspected of being foreigners is a deeply problematic practice that violates their fundamental rights. Aadhaar, while not officially linked to citizenship, is essential for accessing basic services such as healthcare, education, and welfare schemes. By depriving individuals of these documents, the government is effectively stripping them of their ability to function in society, pushing them further into marginalisation. This practice not only criminalises people based on suspicion but also precludes them from defending themselves adequately, as they are deprived of the necessary identification to access legal and social protections. Moreover, such actions perpetuate a cycle of bureaucratic exclusion, where the burden of proving citizenship becomes increasingly difficult without access to essential documents, making the system even more unjust for those falsely accused.

Discrimination in issuance of Aadhar cards?

It is crucial to point out here that on September 7, Assam Chief Minister Himanta Biswa Sarma had also announced that the state of Assam will be introducing “certain safety measures on the process of allotment of Aadhaar cards.” According to Sarma, this step is in response to the “worrying” data that the state government plans to implement stricter Aadhaar application requirements starting October 1, 2024. Applicants will now be required to provide their National Register of Citizens (NRC) application number, irrespective of whether their name appears in the final NRC list (of exclusions) or not. The much criticised NRC process that resulted in the exclusions of a final 19,00,000 (19 lakh) persons on August 31, 2024 has, shockingly, five years after that date still not provided those excluded for the rationale or grounds of their inclusion in the excluded list! While the state’s failure to provide this basic information, five years down remains a violation of fundamental principles of natural justice, the same state persists in further disenfranchising its own citizens.

The announcement of these new requirements has brought forth concerns of a deepening of crisis for marginalised sections and re-opening, by a backdoor of the NRC process. Put together, this could create significant challenges for Assam’s residents. The NRC process in Assam has already faced criticism for its lack of transparency and its impact on vulnerable populations, especially the Bengali speaking Muslims, Santhals, Bnegali Namosudras etc. Adding the requirement for NRC application numbers to the Aadhaar process introduces an illegality and additional bureaucratic hurdles. More people of Assam will now not have easy access to Aadhaar cards, needed to access government schemes, school admissions, and open bank accounts. This is heaping further obstacles on a people facing long-standing legal and bureaucratic battles over their citizenship status, requiring them to now navigate a more complex system to access basic services. (Detailed report on the same can be read here.)

The notice also outlined a plan to strengthen border surveillance by enhancing coordination with the Border Security Force and other central agencies, bolstering intelligence-gathering capabilities, and enforcing provisions of the Citizenship Amendment Act (CAA).

The complete memorandum can be accessed here:

A volatile crisis fuelled by government overreach and communal rhetoric?

A potentially volatile situation appears to be brewing in Assam, driven by the state government’s aggressive and arbitrary actions toward “suspected illegal immigrants”, a misnomer that fuels hysteria that then becomes a ground for targeting the Bengali-speaking Muslim community. Despite numerous rulings from the High Court and Supreme Court overturning Tribunal decisions, the Assam government continues to push a hard-line approach. A striking example is the case of Rahim Ali, who was declared a foreigner by a tribunal but posthumously had his citizenship restored by the Supreme Court two years after his death. His legal battle had lasted for a total of 12 years. (Report can be accessed here.) This highlights the inherent flaws in the Foreigners Tribunal process, which often renders unjust verdicts, only to be corrected by higher courts after causing irreparable harm.

These steps come in the shadow of early September, when the visuals of heartache and separation filled the air as the Assam police bus had separated 28 families in Assam, carrying one member from each family while their kin had helplessly stood on the road. On September 2, in Assam’s Barpeta district, 28 individuals—19 men and 9 women—were torn from their homes, ripped from the embrace of their families, and labelled “declared foreigners.”  These individuals, all from the Bengali Muslim community, were summoned to the Superintendent of Police’s office under the pretence of signing documents on Monday. Instead, they were placed onto a bus bound for the infamous Matia transit camp in Goalpara district, 50 km away. (Detailed report can be read here). This underscores the government’s persistent disregard for due process.

The aforementioned memorandum issued by the Assam government escalates the situation further by instructing authorities to collect biometric data, Aadhaar numbers, PAN cards, and other identification documents from those suspected of being foreigners. This directive is just similar to controversial 2019 National Register of Citizens (NRC) process, during which the biometrics of 27 lakh individuals were captured and frozen for five years. Many of these individuals were deprived of essential services as their Aadhaar cards were blocked, despite their inclusion in the final NRC draft. It took prolonged legal battles, led by organisations like Citizens for Justice and Peace (CJP) with their and individuals such as Sushmita Dev, to have the locked biometric data released. The current memorandum threatens to repeat this exclusionary tactic, leaving vulnerable communities in a state of constant fear and uncertainty.

It is essential to note that on August 28, 2024 after a protracted wait of five years, the Assam government announced that 9,35,682 people in the state would finally receive their long-delayed Aadhaar cards. Assam Chief Minister Himanta Biswa Sarma had, in a press conference, revealed that the central government had instructed the Unique Identification Authority of India (UIDAI) to issue Aadhaar cards to the 9,35,682 people who had submitted their biometrics between February 2019 and August 2024. However, the decision to unblock the Aadhaar cards for only a fraction of these individuals—just over 9 lakhs—raises pressing concerns about the fate of the remaining 18,07,714 people who are still waiting for resolution. No information was provided about the criteria used to select these individuals, nor was there any transparency about the remaining 18,07,714 people who continue to be denied this essential identification document. (More details can be read here.) 

Further fuelling this tension in Assam are the inflammatory remarks made by Assam’s Chief Minister Sarma, and the ruling BJP, which have stoked Islamophobia and deepened communal divisions. Sarma’s repeated targeting of the “Miya Muslim” community has created an atmosphere of suspicion and hatred, exacerbating fears of religious discrimination. His statements, both in political rallies and within the Assam Assembly, have amplified communal polarisation and drawn widespread criticism for promoting hate speech. With a toxic mix of government overreach, flawed legal processes, and divisive rhetoric, Assam is teetering on the edge of a crisis, and unless these issues are addressed, the situation could quickly spiral out of control.

Related:

Supreme Court seeks Assam government’s response on plan to deport over 200 declared foreigners detained in transit camp

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

Assam CM call to expel ‘Miya Muslims,’ leads to violence against Bengali speaking Muslim Labourers

Assam: Partial relief, over 9 lakh people to get Aadhaar card, serious questions for excluded 18 lakh

Assam CM compares districts of Assam with Bangladesh; calls some of the districts ‘tiny Bangladesh’

Vindicated: Sher Ali and Jamila Khatun’s Triumph over False Accusations of Foreigners, get declared Indian by Foreigners Tribunal

The post Assam government’s efforts to intensify crackdown on “Suspected/Declared Foreigners” sparks fears of brute targeting & rights denials appeared first on SabrangIndia.

Since 2019, a staggering 27,43,396 individuals have had their Aadhaar cards blocked, plunging them into a state of bureaucratic limbo and depriving them of access to essential services. The recent decision to unblock the Aadhaar cards for only a fraction of these individuals—just over 9 lakh—raises pressing concerns about the fate of the remaining 18,07,714 people who are still waiting for resolution.

Assam Chief Minister Himanta Biswa Sarma, in a recent press conference, revealed that the central government had instructed the Unique Identification Authority of India (UIDAI) to issue Aadhaar cards to the 9,35,682 people who had submitted their biometrics between February 2019 and August 2024. However, no information was provided about the criteria used to select these individuals, nor was there any transparency about the remaining 18,07,714 people who continue to be denied this essential identification document.

“They agreed that NRC and Aadhaar do not have any direct connection and if this stream of people have access to Aadhaar cards, they will not have any objection. We had been in touch with the central government for the past two years and on July 29 last, the Centre advised us to formally take up the matter with it. We submitted a proposal and the Centre took the advice of the Solicitor General based on our letter. Yesterday, the Centre directed UIDAI to issue the Aadhaar cards,” Sarma stated.

He further provided that that the applicants would be able to collect their Aadhaar cards from the centres where they had applied for the same.

“A long-standing issue has been resolved as the Centre removed the barrier. I had raised the matter before the Union home minister (Amit Shah). He could understand the problem. I thank him on behalf of the state government,” Sarma further mentioned.

The lack of clarity on this whole decision and process extends further. CM Sarma himself admitted that the blocking of biometrics had no correlation with the National Register of Citizens (NRC), yet these individuals were still denied their Aadhaar cards.

“We checked and found that the blocking of biometrics had no correlation between NRC and Aadhaar. They blocked the biometrics of everyone who applied for Aadhaar cards from February 2019 to August 2019. These are people from across communities. The Aadhaar cards of even those, who made it to NRC, were blocked,” said Sarma at the conference.

Assam CM took to X (formerly Twitter) to state that “Close to 10 lakh people from Assam, who applied for Aadhaar during a certain period had their ‘Biometric Locked’ for 5 years and had to suffer due to it. Fulfilling a key election promise, we took up this issue with the Union Government, and it’s heartening that they have decided to unlock the biometric of all the affected people, bringing in much needed relief to them.”

Close to 10 lakh people from Assam, who applied for Aadhar during a certain period had their ‘Biometric Locked’ for 5 years and had to suffer due to it.

Fulfilling a key election promise, we took up this issue with the Union Government, and it’s heartening that they have decided… pic.twitter.com/lUUvcMI6L1

— Himanta Biswa Sarma (@himantabiswa) August 28, 2024

Ranoj Pegu, Cabinet Minister for higher education, school education, tribal affairs with the government of Assam also took to X to appreciate the efforts of the CM and the government of India, by writing “A heartfelt thanks to Union Home Minister Amit Shah ji and Hon’ble CM of Assam Himanta Biswa for addressing the issue of Aadhaar card issuance for 9,35,682 individuals in Assam which were kept blocked since 2019. This crucial step will significantly benefit those affected. Grateful for your unwavering support in resolving this matter.”

A heartfelt thanks to Union Home Minister @AmitShah ji and Hon’ble CM of Assam @himantabiswa for addressing the issue of Aadhaar card issuance for 9,35,682 individuals in Assam which were kept blocked since 2019. This crucial step will significantly benefit those affected.… pic.twitter.com/VlHW8PiESg

— Ranoj Pegu (@ranojpeguassam) August 28, 2024

However, the government has yet to explain why these 9,35,682 individuals were selected for relief, while the vast majority remain excluded from essential government schemes and benefits due to the lack of Aadhaar. This raises the question: What crime did the remaining individuals commit to justify such treatment?

The selective blocking as well as the unblocking process has left a majority of the affected individuals without any clarity or assurance regarding their future. For years, these people have been denied their fundamental rights, including access to government benefits, ration cards, scholarships, and other essential services that require Aadhaar verification. The Assam government’s announcement, rather than providing relief, has highlighted the continued plight of these individuals, who are still in the dark about when, or if ever, they will ever receive their Aadhaar cards.

The situation is even more troubling when considering the broader political context. CM Sarma has been known for making communal and religiously divisive statements, particularly against the Muslim population of Assam. (See here, here, here and here) The selective unblocking of Aadhaar cards raises serious concerns about the potential influence of religious and communal biases in the decision-making process. The government’s failure to provide a transparent and fair process for all affected individuals highlights the ongoing issue of over 18 lakh Aadhaar cards remaining blocked, suggesting that these actions may be deeply entangled in the political and communal rhetoric that has increasingly defined the state’s governance.

The people of Assam, particularly those still deprived of their Aadhaar cards, deserve answers. They have been left without access to essential services, ration cards, scholarships, and other government facilities for years. The government’s silence on the matter only adds to the uncertainty and anxiety faced by these individuals. It is crucial that the state and central governments provide a clear, transparent, and inclusive solution that addresses the needs of all 27,43,396 affected individuals, not just a selected few.

 CJP’s petition in the Gauhati High Court and the issues unravelled:

Brief about the Petition: CJP’s team in Assam has been deeply involved in offering paralegal and legal assistance to individuals excluded from the National Register of Citizens (NRC) in Assam. Their efforts involve extensive on-ground work, including responding to distress calls from remote areas daily. Through this work, the CJP team had observed that the state government had not made sufficient efforts to provide legal aid to those excluded from the NRC, despite directions from the Ministry of Home Affairs (MHA).

The said petition that had been filed by the organisation sought clarification on a press release issued by the MHA on August 20, 2019, which stated that legal assistance would be provided to those excluded from the NRC and in need of such aid. In early 2020, CJP, along with three families excluded from the NRC, petitioned the High Court on the issue. Senior counsel Mihir Desai, assisted by Advocate Mrinmoy Dutta, represented the petitioners. The petition was later withdrawn after the High Court suggested that it would be more appropriate as a public interest litigation (PIL).

From April to November 2020, CJP engaged in detailed correspondence with the National Legal Services Authority (NALSA) and the Assam State Legal Services Authority (ASLSA). Despite their efforts, CJP found no substantial action in line with the MHA’s 2019 communication. Consequently, CJP submitted a representation to the Home Department of Assam, urging them to establish a scheme and modalities for providing effective legal aid to those excluded from the NRC. CJP also requested information on the steps taken by the government to facilitate awareness among those in need.

The petition underscores that those excluded from the NRC cannot be deemed non-citizens until all legal remedies are exhausted. Without adequate legal aid, these marginalized individuals risk suffering irreparable harm. CJP’s petition calls for the state to develop effective and robust legal aid modalities, including the training of lawyers and the establishment of adequate front offices, given the numerous pending appeals before the Foreigners’ Tribunals by marginalized individuals seeking to prove their citizenship. The plea stresses that NRC-excluded individuals cannot be declared non-citizens until all available remedies are exhausted, and without adequate legal aid, these individuals risk severe harm.

CJP also expressed concerns about the short 120-day window for NRC-excluded individuals to file an appeal, arguing that there would not be enough funds for them to secure legal representation in such a limited time. Therefore, the plea calls for the ASLSA and NALSA to provide legal aid to these individuals.

Revelations of CJP’s survey on legal aid machinery: In response to the ASLSA’s communication in November 2020, which stated that they had sufficient machinery to handle any actions related to the NRC, CJP had conducted an independent survey in 10 districts of Assam to assess the preparedness of the District Legal Services Authorities (DSLA). The survey had revealed significant deficiencies: many front offices were either non-existent or inadequate in terms of space and staff. Moreover, personnel at these legal services authorities lacked training in critical areas such as citizenship laws, NRC procedures, immigration law, and the Foreigners Act—all essential for assisting those who must appeal before the Foreigners Tribunal to prove their citizenship. The survey also found that only 10 cases had been handled by DLSA counsel, all in Dhubri: 7 in 2019 and 3 in 2020.

Relief Sought through CJP’s petition: The petition requests the court to direct state authorities to appoint sufficient legal aid lawyers and provide them with manuals to ensure consistent legal assistance. It also seeks the formulation of modalities for legal aid specifically tailored to NRC-excluded individuals. Additionally, the petition prays that rejection slips should not be issued until adequate legal aid arrangements are in place. Through this petition, CJP aims to ensure that state machinery is prepared to assist marginalized individuals among the 19-lakh excluded from the NRC, so that no rightful citizen is deprived of their citizenship due to a lack of proper legal aid.

The petition also presents several suggestions for the court’s consideration:

• Establish Taluk-level Legal Services Authorities across all taluks.
• Invite applications for legal aid at least three months before rejection slips are issued.
• Based on these applications, enhance front offices, empanel lawyers and paralegals, and train them in citizenship laws, the Foreigners Act, and NRC procedures.
• Set up monitoring committees for each taluk.
• Organize legal aid camps to scrutinize documents.
• Draft model appeal formats.
• Appoint senior counsel with more than 15 years of experience to guide conducting advocates.
• Enable civil rights organizations like CJP to conduct training sessions.

Court Proceedings and Orders: during the proceeding, in February 2022, the ASLSA had filed an affidavit before the Gauhati High Court, wherein it had stated that in most of the districts of Assam, the DLSAs had formed a separate legal aid panel for providing legal aid for those in need. Those DLSAs that do not have such a separate panel, are providing aid from the already existing panel. However, through the affidavit, the Authority had also admitted that since a large population of over 19 lakh persons is left out of the NRC, it needs considerable financial resources and that the state government needs to revisit the budget allocation to enable it to provide the requisite legal aid; which means the Authority is falling short of financial resources.

On March 26, 2022, during a Maharashtra State Level Conference, the then Justice (retd. CJI) UU Lalit, who was also the then Executive Chairman of NALSA, had emphasized the importance of providing quality free legal aid services. He stated, “Free legal aid does not mean poor legal aid; free legal aid must mean quality service.” He expressed concern over the low percentage of cases handled by the Legal Services Authority and stressed the need for talented and committed personnel in the legal aid system.

In its order dated November 23, 2022, the Gauhati High Court directed the Centre and the Assam State Government to clarify their stance on funding for legal aid. Previously, on February 1, 2022, the ASLSA filed an affidavit acknowledging its efforts to train staff in citizenship matters but admitted that financial constraints hindered their ability to provide adequate legal aid to the large population excluded from the NRC. This admission had underscored the need for the Assam state government to reassess its budget allocation to ensure sufficient legal aid resources.

The PIL remains pending in the Gauhati High Court.

(Further details about the CJP petition in Gauhati HC may be read here, here and here.)

Related:

Assam CM compares districts of Assam with Bangladesh; calls some of the districts ‘tiny Bangladesh’

12-year legal battle for identity: Rahim Ali’s posthumous victory in Assam’s citizenship tribunal

SC highlights deplorable conditions in Matia detention Centre of Assam, calls it a “sorry state of affairs”

The post Assam: Partial relief, over 9 lakh people to get Aadhaar card, serious questions for excluded 18 lakh appeared first on SabrangIndia.

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

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

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

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

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

 
CJP Team with Saleya Bibi and Mazam Ali outside their home

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

The CJP team visits the couple to deliver the order

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

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

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

The orders may be read here:

Related:

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

CJP Assam: Standing strong come hail, come storm

 Frequently Asked Questions: Understanding the Citizenship Crisis in Assam

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

The post Another elderly couple rejoice as their citizenship is restored with CJP’s help appeared first on SabrangIndia.

Brief Background of the Case:

On November 22, 2019, Maya Rani Barman “the petitioner” was declared a foreigner under the Foreigner Act, 1946 by the Foreigners Tribunal, Lakhimpur (Assam).

The petitioner claimed that she is an Indian citizen by birth and born and brought up in the of village Gopalpur, District-Cooch Behar, West Bengal and studied up to Class-V at Gopalpur High School and as per her School Certificate, her date of birth is 15th of April 1961. She got married to one Bishnu Barman, son of late Shiben Chandra Barman of Harmoti Gaon, District-Lakhimpur.

However, a case was registered against the petitioner bearing Case No. 4057/2011 (District No. 23/1997) by the Foreigners Tribunal No. 1st, Lakhimpur, North Lakhimpur upon a reference was made by the Superintendent of Police (Border), Lakhimpur (Assam).

The Petitioner appeared before the Tribunal and contested the case by filling her written Statement, adduced her evidence in chief along with relevant and supported documents to prove her nationality. But, the Tribunal did not consider the documents that she relied on.

On November 22, 2019, the Foreigners Tribunal at Lakhimpur passed the impugned final order/opinion order. The petitioner claimed that the tribunal passed the impugned order arbitrarily without appreciating the evidence, declared her to be a foreigner who had illegally entered into the territory of India (Assam) from the specified territory of Bangladesh after 25.03.1971.

Petitioner moved the High Court for relief:

On January 1, 2023, Maya Rani (the petitioner) aggrieved and dissatisfied with the impugned decision of the Foreigners Tribunal dated 22.11.2019 passed by the Member, Foreigners Tribunal No. 1^st, Lakhimpur (Assam) filed a petition bearing Writ Petition  (Civil) No. 154/2023 before the Gauhati High Court under Article 226 of the Indian Constitution.

The petitioner’s counsel submitted that the petitioner has exhibited the Voter Identity Card issued in her name along with the School Transfer to prove her linkage with her father. Further added that, though the petitioner annexed a photo copy of a Ration Card and an affidavit sworn by her mother etc. but inadvertently those certificates were not exhibited by her. It is submitted by Mr. Biswas that the petitioner produced the School Transfer Certificate to prove her linkage with her father Lt. Monteswar Ray, stating further that father of the proceedee had purchased a parcel of land in the year 1960, but, due to flood the Sale Deed of the said land got damaged and therefore, the petitioner could not produce the original copy of said Sale Deed before the Tribunal.

The counsel for petitioner further submits that the documents so provided by the petitioner was sufficient to prove herself to be the Citizen of India. however, the Tribunal without considering the documents which were relied by the petitioner/proceedee, passed the impugned Final Order dated 22.11.2019 arbitrarily and declared her as a foreigner of post 1971 stream, which is liable to be set aside and quashed.

On the other side, Standing Counsel for Home department Assam was submitted that the petitioner could not produce any document to establish herself to be the daughter of her projected father, one Lt. Monteswar Ray who is claimed to be the Citizen of India by the petitioner. The counsel added that o submitted that though the petitioner has submitted one School Transfer Certificate but she failed to prove the said certificate as well as its contents by producing any reliable evidence of the issuing authority. In that context, counsel relied on a decision of the Hon’ble Apex Court in the case of Life Insurance Corporation of India and Another Vs. Ram Pal Singh Bisen, reported in (2010) 4 SCC 491, wherein the Hon’ble Supreme Court laid down that “admission of a document in a Court may amount to admission of its contents but not its truth”.

Added that, Voter Identity Card along with other documents as produced by the petitioner in her Written Statement are not at all sufficient to prove herself to be the Citizen of India as claimed by her as she completely failed to prove any link with her projected father whom stated to be an Indian Citizen.

The Home Department, Assam submitted that the petitioner/proceedee failed to adduce reliable evidence exhibit requisite documents so as to prove her linkage with her projected father and grandparents and thereby the petitioner failed to discharge her burden under Section 9 of the Foreigners’ Act, 1946.

No relief granted to the Petitioner, High Court affirmed the decision of Tribunal:

On January 1, 2024, the division bench of Justice Manash Ranjan Pathak and Justice Mitali Thakuria observed that the petitioner claimed that her father Lt. Monteswar Ray was also an Indian Citizen, who purchased a land in India in the year 1960, but she could not produce the Sale Deed before the Tribunal as it was destroyed due to burning of the Record Room in the year 1974 and also failed to produce any documents like continuous/regular payment of land revenue for the said land before the Tribunal by exhibiting Land Revenue Paying Receipt on behalf of her projected father.

The bench further observed that before Tribunal the petitioner exhibited a Transfer Certificate issued in her name by Gopalpur High School, Gopalpur, Cooch Behar, West Bengal issued on 08.08.2015, but she could not adduce any evidence of the Headmaster of the said High School, i.e., its issuing authority or any authorised teacher and/or employee of the said High School to prove the contents of the said certificate exhibited by the petitioner, so as to prove herself to be the daughter of her projected father Lt. Monteswar Ray.

The Court added further that the petitioner did not produce any voter lists of the years 1965 or 1966 and 1971 to prove that her parents had cast vote in the years 1966 and/or 1971. We found that the petitioner not only failed to prove her linkage with her projected father Lt. Monteswar Ray but also failed to produce any documents to prove that her projected father was an Indian Citizen.

On the forgoing findings the division bench held that the Tribunal after due appreciation of the entire facts of the case and evidence adduced on behalf of the petitioner arrived at the impugned opinion/judgment dated 22.11.2019 which is without any illegality and perversity. We, therefore, are of the view that the impugned final order passed by the Foreigners’ Tribunal North Lakhimpur, Assam in Lakhimpur, holding the petitioner to be a foreigner under the Foreigners’ Act, 1946 who had illegally entered into the territory of India (Assam) from the specified territory of Bangladesh on or after 25.03.1971 does not call for any interference.

The judgement of High Court dated 11.01.2024 can be read here:

Petitioner moved Supreme Court against the impugned order of HC:

On April 19, 2024, aggrieved by the decision of the Gauhati High Court declaring the petitioner to be a foreigner, the petitioner filed an appeal before the Supreme Court.

The appeal said that it was ‘practically impossible’ for the woman to get the documents as she had shifted to Assam on account of her marriage, while originally belonging to Cooch Behar in West Bengal. “In course of her migration, it was not possible to keep track of those documents since her parents have already died,” the plea said.

Petitioner said that the documents establishing her link to her parents, both Indian citizens, have been destroyed in floods. Further, the High Court wrongly discarded her school-leaving certificate as proof of Indian residency and citizenship on grounds of the headmaster not having been cross-examined. 

“It is not possible for her to bring the Headmaster from West Bengal to Lakhimpur, Assam,” she said.

On May 17, 2024, the three judges’ bench of SC consisting Chief Justice of India, Justice J.B. Pardiwala and Justice Manoj Mishra have issued notice and sought response from the Union of India, Assam Government, Election Commission of India and NRC Coordinator Assam over the matter within three months.

”In the meantime, no coercive steps shall be taken against the petitioner on the basis of the impugned judgement and order dated 11 January 2024 of the Gauhati High Court in WP(C) No. 154 of 2023” the bench directed to the respondents.

The order of the Supreme Court dated 17.05.2024 can be read here:

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Assam: ‘No Aadhaar, No Citizenship, So No Vote to BJP’, said a Citizens Convention

The post SC issues notice to Union and NRC Coordinator over woman declared foreigner by tribunal and halts deportation appeared first on SabrangIndia.

The topic of the convention was the deprivation of 27 lakhs people from being issued Aadhaar as well as the citizenship crisis in Assam. The convention saw authors, thinkers, advocates, activists, poets, trade union leaders speak at the convention. The presiding community included Dr. Mrinmoy Deb, Rafiq Ahmed, Subrata Nath, Mrinal Kanti Shome, Haider Hossain Chowdhury,  Nanda Ghosh,  Atarjan Begum Majumdar, Snigdha Nath, and Khadeja Begum.

Deliberations

Nowhere within the Aadhaar Act or the Citizenship Act (1955) is there any provision for the collection of biometric data or provisions prohibiting the issuance of the Aadhaar card to those in any way involved in enumeration in the ongoing National Register of Citizens (NRC) process. Additionally, the Supreme Court has not provided clear direction on this matter. However, despite this, during the claims and objection stage, the state government of Assam, in collaboration with the Aadhaar authority, has unilaterally, collected biometric data from approximately 27 lakh individuals and denied them Aadhaar cards!

This action is reportedly based on a Standard Operating Procedure (SOP).  While the SOP has also stipulated that Aadhaar cards would be issued directly to verify those whose names were included after the publication of the final NRC, however, despite it being four years since the publication of the final draft of the NRC, this provision has not been implemented! People who have been awaiting their Aadhaar card for five years are encountering insurmountable difficulties and experiencing harassment at the hands of authorities..

On August 11, 2022, the Aadhaar authority issued an office memorandum allowing those who were enrolled but had not received an Aadhaar card to use any identity card bearing their enrolment number as an alternative. This directive specifically benefited the 27 lakh affected people. However, despite this provision, various state and central government departments have been reluctant to accept these alternative identity cards.

These and related discussions at the Convention, held on Sunday, shed light on this  troubling trend where the Aadhaar has been deliberately withheld to cause hardship, particularly among economically disadvantaged people. This conclusion is bolstered by the inconsistent statements made by the Chief Minister of Assam, Himanto Biswa Sarma on different occasions. In a recent speech, for instance, he indicated that issuing of Aadhaar would only resume after the elections and following discussions with organisations such as the All Assam Students Union (AASU). This statement, without legal or moral basis, was strongly criticised at the meeting.

In this regard, the organisation Forum for Social Harmony has, last month, sent a public petition to the Prime Minister, Narendra Modi, Union Home Minister, Amit Shah, and Assam Chief Minister, Himanto Biswa Sarma to issue Aadhaar before the elections, with a detailed legal explanation. There was a strong sentiment reiterated at Sunday’s convention that the state government must and should arrange to issue the withheld Aadhaar before the elections.

In March, 2022 Citizens for Justice and peace (CJP) also filed a PIL before the Gauhati High Court with regards to people left out from getting Aadhar, even after being included in the NRC.  Relying on the Aadhar Act 2016, CJP has argued that the UDAI identification has no connection to citizenship at all. This petition has been heard several times and is pending in the Gauhati High Court.

In the context of the discussion on citizenship, it is clear that before 2003 there was no need to submit any documents while applying for citizenship and anyone could apply. In 2003, the Vajpayee government first defined illegal migrants and disqualified them from applying for citizenship. The statutory provision (section 14A) in Citizenship Act for preparation of NRC and the Rules were framed that year. Even the provision of citizenship by birth has been virtually abolished in India.

A speaker at the convention questioned the need for the CAA 2019, because, they argued, in 2015, two circulars were published and non-Muslims from three countries including Bangladesh were already proclaimed not to be illegal immigrants. So, now the question arises, why there is a need at all for a separate Citizenship Amendment Act for those who are exempt from the definition of illegal migrants? After four years of its passage, more complicated rules and procedures are made requiring documents that most do not have when they are seeking citizenship. So, again it becomes clear that the real objective is not to grant citizenship. The complicated procedure laid down in the recently enacted rules clearly shows that the union government is not simply asking an individual to not declare  himself as a foreigner but also asking for documentary proof of a person being a foreigner and only thereafter apply for citizenship.

Another of the speakers at the convention mentioned that it is clear from this that the far-reaching objective of the government is to change the relationship between the state and the citizens and convert stateless impoverished people into cheap labour through complicated legal procedures.

Similarly concerns were expressed over the pending appeal process of the NRC for more than four years after the final publication of NRC on August 31, 2019.  Furthermore, the convention had a unanimous consensus at the end that proposed all voters whose names are in the electoral roll of 2014 should be recognised as citizens and Aadhaar must be given to all. The slogan, ‘No Aadhaar, No Citizenship- So No Vote to BJP’, rang through at the convention.  The meeting also highlighted the demand for the implementation of Enrollment ID as an alternative to Aadhaar. The final course of action decided was for a mass campaign to take place after the upcoming elections.

Some of the speakers at the event included advocate  Shishir Dey, advocate  Subrata Paul, Kamal Chakraborty, Sanjeev Roy, Asit Roy, Joydeep Bhattacharya, Ripon Das, Arup Baishya, Atarjan Begum Majumdar, Rafique Ahmed, Subrata Nath, Hillol Bhattacharya, Haidar Hossain Chowdhury, Subrata Nath,  Haider Hossain Chowdhury,  Majumdar, Khadeja Begum, Nanda Ghosh and Dr. Mrinmay Deb.

Related:

Selective & discriminatory, CAA notification likely to be followed by NPR-NRC

Creating an NPR for an all India NRC without informed consent?

Identifying fake Aadhaar, a plot to bring in CAA-NRC?

Assam: CAG report points out ‘large scale anomalies’ in NRC updation software

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