Latest news with #AssamAccord
Scroll.in
5 days ago
- Politics
- Scroll.in
SC refuses to entertain petition against Assam ‘pushing' back declared foreigners to Bangladesh
The Supreme Court on Monday refused to entertain a petition challenging the Assam government 'pushing' back to Bangladesh persons who have been declared foreigners by the Foreigners Tribunals in the state, Live Law reported. A bench of Justices Sanjay Karol and SC Sharma was hearing a petition filed by the All BTC Minority Students Union, which claimed that the Bharatiya Janata Party government in the state was arbitrarily pushing Indian citizens to Bangladesh without following due process under the guise of deporting undocumented migrants. 'Why are you not going to the Gauhati High Court?' PTI quoted the bench as asking advocate Sanjay Hegde, who appeared for the All BTC Minority Students Union. In response, Hegde said that the petition was based on an order passed by the top court earlier. The advocate also said that the union would withdraw the petition and take recourse before the High Court. The Supreme Court then allowed him to withdraw the petition. The petition came against the backdrop of a surge in detentions of declared foreigners in Assam since May 23. Families say they have no information on their relatives' whereabouts. Some of them have identified their missing relatives in videos from Bangladesh, alleging they were forcibly sent across the border. Scroll had earlier reported that a former teacher from Morigaon district, Khairul Islam, whose citizenship case was still being heard in the Supreme Court, had been picked up from the Matia detention centre and forced out along the Bangladesh border near Assam's South Salmara district in the early hours of May 27. In a video recorded by journalist Mostafuzur Tara from Bangladesh's Rangpur division, Khairul Islam alleged that he was among 14 persons 'pushed' into Bangladesh by India's Border Security Force on the morning of May 27. Islam and the others were reported to be in no man's land, between the two countries. Three days later, Assam Chief Minister Himanta Biswa Sarma admitted to 'pushing' back persons who were declared foreigners by the Foreigners Tribunals to Bangladesh. Stating that the process to push back foreigners would continue, Sarma claimed that the action was being taken as per the directives issued by the Supreme Court in February. On February 4, the Supreme Court directed the state government to start the process of deporting foreign nationals being held in the state's detention centres immediately. It had said that foreign nationals can be deported even without an address. 'You cannot continue to detain them they are held to be foreigners, they should be deported immediately.' Foreigners Tribunals in Assam are quasi-judicial bodies that adjudicate on matters of citizenship. Only those living in the state before March 25, 1971, or their descendants, qualify as Indian citizens in Assam, as per the Assam Accord. However, these tribunals have been accused of arbitrariness and bias, and of declaring people foreigners on the basis of minor spelling mistakes, a lack of documents or lapses in memory. In its petition, the All BTC Minority Students Union said that after the February 4 order, the Assam government had 'reportedly launched a sweeping and indiscriminate drive to detain and deport individuals suspected to be foreigners, even in the absence of Foreigners Tribunal declarations, nationality verification, or exhaustion of legal remedies', PTI reported. Referring to several news reports about persons being 'pushed' into Bangladesh, the petition said that these instances reflected a 'growing pattern of deportations conducted by the Assam Police and administrative machinery through informal 'push back' mechanisms, without any judicial oversight or adherence to the safeguards envisaged by the Constitution of India or this court'.
Scroll.in
7 days ago
- Politics
- Scroll.in
Assam ‘pushing' back declared foreigners to Bangladesh, says Himanta Biswa Sarma
Assam is 'pushing' back to Bangladesh persons who have been declared foreigners by the state's Foreigners Tribunals, confirmed Chief Minister Himanta Biswa Sarma on Friday. The statement came against the backdrop of a surge in detentions of declared foreigners in Assam since May 23. Families say they have no information on their relatives' whereabouts. Some of them have identified their missing relatives in videos from Bangladesh, alleging they were forcibly sent across the border. Saying that the process to push back foreigners would continue, Sarma claimed that the action was being taken as per the directives issued by the Supreme Court in February. On February 4, the top court directed the state government to start the process of deporting foreign nationals being held in the state's detention centres immediately. The court had said that foreign nationals can be deported even without an address. 'You cannot continue to detain them they are held to be foreigners, they should be deported immediately.' Sarma claimed on Friday that the state was only pushing back those who have been declared foreigners and have not appealed in court. 'If among them, some people tell us that they have appeals in the High Court or Supreme Court, then we are not troubling them,' he said. Foreigners Tribunals in Assam are quasi-judicial bodies that adjudicate on matters of citizenship. Only those living in the state before March 25, 1971, or their descendants, qualify as Indian citizens in Assam, as per the Assam Accord. However, these tribunals have been accused of arbitrariness and bias, and of declaring people foreigners on the basis of minor spelling mistakes, a lack of documents or lapses in memory. We are duty bound to protect the interests of Assam and expel all illegal immigrants from the State through any means and as per directions of Supreme Court. We remain committed to carry out our activities in this direction. — Himanta Biswa Sarma (@himantabiswa) May 30, 2025 On Friday, the Assam chief minister also claimed that 30,000 persons declared as foreigners in the state have gone missing, reported Deccan Herald. They will be sent back wherever they are found, he added. The detection and deportation efforts had been informally halted during the process of updating the National Register of Citizens, but the state has now decided to resume the drive and 'push them back to Bangladesh', said Sarma. On Tuesday, Scroll reported that a former teacher from Morigaon district, Khairul Islam, whose citizenship case was still being heard in the Supreme Court, had been picked up from the Matia detention centre and forced out along the Bangladesh border near Assam's South Salmara district in the early hours of May 27. In the video recorded by journalist Mostafuzur Tara from Bangladesh's Rangpur division, Khairul Islam alleged that he was among 14 persons 'pushed' into Bangladesh by India's Border Security Force on Tuesday morning. Islam and the others were reported to be in no man's land, between the two countries. Gauhati HC seeks Assam's response On Thursday, the Gauhati High Court issued a notice to the Assam government, seeking information on the whereabouts of two men from Kamrup district – Abu Bakkar Siddique and Akbar Ali – who went missing after being summoned the police on May 25, Live Law reported. The court has asked the state to respond to its notice by June 4. 'Since then, the authorities have refused to give details of their whereabouts,' Aman Wadud, one of the advocates representing them in court, had told Scroll. The petitioner, Torap Ali, had said that he was 'apprehensive that his uncles will be pushed back into Bangladesh, in light of recent reports'. Assam's Opposition leader Debabrata Saikia on Friday wrote to External Affairs Minister S Jaishankar raising concern about the state pushing back persons to Bangladesh. In his letter, Saikia accused the Assam Police of carrying out the crackdown in violation of constitutional rights and due process.
NDTV
30-05-2025
- Politics
- NDTV
Gauhati High Court Asks Assam To Disclose Whereabouts Of 'Foreigner' Brothers
Guwahati: The Gauhati High Court has directed the Assam government to disclose the whereabouts of two brothers declared as foreigners by a tribunal, amid growing concerns over alleged arbitrary detentions and fears of illegal pushbacks across the border, officials said on Friday. A division bench comprising Justice Kalyan Rai Surana and Justice Malasri Nandi issued the directive on Thursday while hearing a writ petition filed by the brothers' nephew, Torap Ali. The petitioner claimed that his uncles - Abu Bakkar Siddik and Akbar Ali - were taken into custody by officers from Nagarbera police station in Kamrup district on May 25, and their family has since been kept in the dark about their status. The court has scheduled the next hearing for June 4. Torap Ali alleged that his uncles are at risk of being "illegally pushed into Bangladesh" without exhausting all legal remedies available to them. He contended that the authorities had withheld crucial information regarding the brothers' detention. Responding to the petition, state counsel J. Payeng informed the court that Siddik and Ali are currently in the custody of the Assam Border Police. The two brothers were declared foreigners by a Foreigners Tribunal in 2017, after failing to furnish documents proving that they or their ancestors entered India before the March 24, 1971, cut-off date established by the 1985 Assam Accord. They were subsequently held at the Goalpara detention camp but were granted bail in 2020, following a Supreme Court ruling that allowed the release of detainees who had been in custody for more than two years. The petitioner argued that any attempt to deport the duo without a conclusive legal determination constitutes a violation of their fundamental rights under the Constitution. Foreigners Tribunals - quasi-judicial bodies established under the Foreigners (Tribunals) Order of 1964 - operate primarily in Assam to determine the citizenship status of individuals under the Foreigners Act of 1946. Currently, the state has 100 such tribunals functioning, especially in connection with the National Register of Citizens (NRC) and related immigration matters.
Hans India
30-05-2025
- Politics
- Hans India
Gauhati HC seeks Assam govt's response on whereabouts of detained brothers declared 'foreigners'
Guwahati: The Gauhati High Court has directed the Assam government to disclose the whereabouts of two brothers declared as foreigners by a tribunal, amid growing concerns over alleged arbitrary detentions and fears of illegal pushbacks across the border, officials said on Friday. A division bench comprising Justice Kalyan Rai Surana and Justice Malasri Nandi issued the directive on Thursday while hearing a writ petition filed by the brothers' nephew, Torap Ali. The petitioner claimed that his uncles - Abu Bakkar Siddik and Akbar Ali - were taken into custody by officers from Nagarbera police station in Kamrup district on May 25, and their family has since been kept in the dark about their status. The court has scheduled the next hearing for June 4. Torap Ali alleged that his uncles are at risk of being "illegally pushed into Bangladesh" without exhausting all legal remedies available to them. He contended that the authorities had withheld crucial information regarding the brothers' detention. Responding to the petition, state counsel J. Payeng informed the court that Siddik and Ali are currently in the custody of the Assam Border Police. The two brothers were declared foreigners by a Foreigners Tribunal in 2017, after failing to furnish documents proving that they or their ancestors entered India before the March 24, 1971, cut-off date established by the 1985 Assam Accord. They were subsequently held at the Goalpara detention camp but were granted bail in 2020, following a Supreme Court ruling that allowed the release of detainees who had been in custody for more than two years. The petitioner argued that any attempt to deport the duo without a conclusive legal determination constitutes a violation of their fundamental rights under the Constitution. Foreigners Tribunals — quasi-judicial bodies established under the Foreigners (Tribunals) Order of 1964 — operate primarily in Assam to determine the citizenship status of individuals under the Foreigners Act of 1946. Currently, the state has 100 such tribunals functioning, especially in connection with the National Register of Citizens (NRC) and related immigration matters.
Hindustan Times
30-05-2025
- Politics
- Hindustan Times
HC issues notice to Assam govt to provide details on 'declared foreigners'
Guwahati, The Gauhati High Court has issued notice to the Assam government directing it to provide details on the whereabouts of two brothers, declared foreigners by a tribunal, and on the ''arbitrary arrest of declared foreigners who are apprehending illegal push back''. A Division bench of Justice Kalyan Rai Surana and Justice Malasri Nandi on Thursday directed the state government to give details about the whereabouts of Abu Bakkar Siddik and his brother Akbar Ali who were detained by the officials of the Nagarbera police station in Kamrup district on May 25. The court has posted the next date of hearing on June 4. The court was hearing a writ petition filed by the duo's nephew Torap Ali who claimed that his family apprehends both his uncles ''may be in danger of being illegally pushed into Bangladesh''. The petitioner claimed that the authorities have refused to give details of the whereabouts of the two brothers since May 25 when they were called to the police station. During the hearing, the state counsel J Payeng said that Siddik and Ali have been detained and are now in the custody of Assam Border police. In 2017, the brothers were sent to the detention camp in Goalpara after they were declared foreigners by the Foreigners Tribunal as they failed to provide documents to prove that they or their forefathers had come to the country before March 24, 1971, the cut-off decided by the 1985 Assam Accord. They were released on bail in 2020 following the Supreme Court's directive that those who are in detention for over two years may be released on bail. The petitioner claimed that the two men did not get an opportunity to take recourse to all legal remedies available to them under the law and to ''push back before such determination is conclusive amounts to arbitrary deprivation of the fundamental rights guaranteed by the Constitution''. Foreigners Tribunals are quasi-judicial bodies, particularly in Assam, established to determine if a person residing in India is a "foreigner" as defined by the Foreigners Act of 1946, based on the Foreigners Order of 1964. These tribunals are designed to address matters related to citizenship and the presence of foreigners in India, specifically focusing on cases where someone is suspected of being an illegal immigrant. The Foreigners Order, of 1964, is applicable nationwide. The Foreigners Tribunals are primarily associated with and functioning in Assam, particularly in the context of the National Register of Citizens and related issues. There are 100 Foreigners Tribunals across the state.
