Latest news with #GauhatiHighCourt
Time of India
3 hours ago
- Politics
- Time of India
SC refuses to entertain plea against Assam govt's deportation drive
The Supreme Court declined to hear a petition challenging Assam's policy on tackling infiltration from Bangladesh, advising the petitioner to seek recourse from the Gauhati High Court initially. The plea, filed by All BTC Minority Students Association, alleged arbitrary deportation of genuine citizens as illegal migrants. Earlier, the SC had directed Assam to deport 63 declared Bangladeshi foreigners. Tired of too many ads? Remove Ads The Supreme Court on Monday refused to entertain a plea challenging the Assam government's policy for tackling infiltration from Bangladesh. A vacation bench comprising justices Sanjay Karol and Satish Chandra Sharma asked the petitioner to first approach the Gauhati High Court The bench was told by the petitioner that around 70 individuals were being deported. Refusing to pass any directions, the bench expressed its inclination to dismiss the plea. However, the petitioner chose to withdraw and the petition was dismissed as plea, filed by All BTC Minority Students Association, alleged that the state government was arbitrarily pushing genuine citizens to the Bangladesh border without following due process under the guise of deporting illegal February, another SC bench had directed the Assam government to immediately initiate the process of deporting 63 declared foreigners, whose nationality was known. In the said case, the nationality of the 63 persons was confirmed to be Bangladeshi by the Ministry of External Affairs and the Bangladesh government.
India Today
4 hours ago
- Politics
- India Today
Top court to hear plea alleging woman's Assam detention, deportation to Bangladesh
The Supreme Court on Monday agreed to hear the plea of the family of a woman who had allegedly been illegally detained and likely been deported to Bangladesh amid ongoing "pushback" operations in Assam government is pushing people who have been declared foreigners by the state's foreigners tribunals (FTs) across the international border into Bangladesh, citing a Supreme Court order to deport illegal Manowara Begum, the legal battle to establish citizenship has been ongoing since the National Register of Citizens (NRC) exercise in Assam. She was given a certificate by the pradhan (village head) to show that she is an Indian and migrated to Assam prior to 1971. However, in 2015, a foreigners' tribunal rejected the validity of the citizenship documents submitted by Manowara Begum and declared her a "foreigner" who entered India illegally after the cutoff date of March 20, was sent to the Foreigners Detention Centre in Kokrajhar in 2016. Her family moved a plea before the Gauhati High Court and then the Supreme Court. She got bail and was released from the detention centre after three years in detention in December 2019 on the top court's Supreme Court in 2017 also upheld the validity of pradhan's letter as an identity document, and asked the High Court to re-consider her appeal against the foreigners' on May 25, Manowara Begum was summoned to the Dhubri police station in Assam to "answer some questions", but was detained. Her son and other family members went to the police station to show the court documents that her appeal was pending before the Supreme Court, but were turned before a vacation bench of the Supreme Court on Monday, senior advocate Kapil Sibal, on behalf of the family, pointed out that there was an apprehension that the woman had been "thrown out of India and into Bangladesh". He also questioned how the police had taken the decision to detain her even though her petition has remained pending in the Supreme Court."The appeal is pending and the woman was thrown out. The SP has decided to throw her out. The appeal has been pending since 2017," Sibal submitted.A bench of Justices Sanjay Karol and Satish Chandra Sharma initially expressed reluctance to take up the issue. It then asked, "If she's not in the country, can we call her back?"However, Sibal argued that the Supreme Court could pass orders to ask the police authorities to disclose her current status, and protect her if she was currently in the appeal is pending, how did the SP pass the order? We don't know her actual location. Please ask them to tell us where she is? If she's in Bangladesh, that's a different matter. If she's still here, they have to tell us. The SP goes to her house and picks her up! How is that possible?" he plea, which was filed by her son, submitted that the family had "sent a representation to the Superintendent of Police (Border), Dhubri, Assam, re-iterating that the petitioner's mother had been released pursuant to the orders of the Supreme Court".It said that "her civil appeal was also pending before the top court"."The petitioner's mother continues to be in arbitrary and unlawful detention and there was a real risk of her being 'pushed back' into Bangladeshi territory despite her determination as a foreigner on merits pending adjudication before the Supreme Court," the plea bench has now issued notice to the Assam government, Assam Police and Superintendent of Police (Border) to respond to the issue. The matter is likely to be heard in InMust Watch IN THIS STORY#Supreme Court#Assam
Hans India
6 hours ago
- Politics
- Hans India
Supreme Court to Review Case Of Woman's Alleged Illegal Detention And Deportation from Assam To Bangladesh
The Supreme Court has agreed to examine a petition filed by the family of a woman who was allegedly unlawfully detained in Assam and potentially deported to Bangladesh as part of the state government's ongoing operations to remove individuals declared as illegal foreigners. The case highlights concerns about the implementation of deportation procedures while legal appeals remain pending. Manowara Begum's citizenship struggle began during Assam's National Register of Citizens exercise, where she presented documentation from a village head certifying her Indian nationality and migration to Assam before 1971. Despite this evidence, a foreigners' tribunal in 2015 dismissed the validity of her citizenship documents and classified her as an illegal immigrant who entered India after the March 20, 1971 cutoff date. Following the tribunal's decision, Begum was confined to the Foreigners Detention Centre in Kokrajhar in 2016. Her family subsequently approached the Gauhati High Court and later the Supreme Court seeking relief. After spending three years in detention, she was granted bail and released in December 2019 following Supreme Court orders. The Supreme Court had also validated the village head's letter as legitimate identity documentation in 2017 and directed the High Court to reconsider her appeal against the foreigners' tribunal decision. This established legal precedent supported her case and provided grounds for challenging the original tribunal ruling. However, on May 25, local police summoned Begum to Dhubri police station ostensibly to answer questions but subsequently detained her. When family members, including her son, arrived at the station with court documents demonstrating her pending Supreme Court appeal, they were dismissed without explanation or access to Begum. During Monday's Supreme Court hearing, senior advocate Kapil Sibal represented the family before a vacation bench, expressing concerns that Begum may have been forcibly removed from India and sent to Bangladesh. Sibal questioned the police authority's decision to detain someone whose petition remained under Supreme Court consideration. Sibal emphasized the irregularity of the situation, noting that the appeal had been pending since 2017 and questioning how local police officials could unilaterally decide to remove someone while their case remained before the highest court. He argued that the Superintendent of Police had overstepped authority by taking such action. The bench, comprising Justices Sanjay Karol and Satish Chandra Sharma, initially showed hesitation about addressing the matter, questioning whether they could intervene if the individual was no longer within the country. However, Sibal contended that the court possessed authority to order police disclosure of Begum's current status and ensure her protection if she remained in detention. The petition, submitted by Begum's son, detailed their communication with the Superintendent of Police (Border) in Dhubri, reiterating that his mother had been released under Supreme Court orders and that her civil appeal remained pending before the top court. The family emphasized the ongoing legal proceedings and the impropriety of detention during active litigation. The plea expressed serious concerns about arbitrary and unlawful detention, highlighting the risk of forced deportation to Bangladesh despite the pending judicial determination of her citizenship status. The family argued that such actions violated legal procedures and constitutional protections while matters remained under court consideration. In response to these arguments, the Supreme Court has issued formal notice to the Assam government, Assam Police, and the Superintendent of Police (Border), requiring them to respond to the allegations and provide clarification about Begum's current status and treatment. The case is scheduled for detailed hearing in July. This case occurs within the broader context of Assam's efforts to identify and remove individuals classified as illegal immigrants by state foreigners' tribunals, with authorities citing Supreme Court directives regarding deportation of undocumented migrants. The situation raises important questions about procedural safeguards and the balance between immigration enforcement and individual rights during ongoing legal proceedings.
Scroll.in
8 hours ago
- Politics
- Scroll.in
Rush Hour: SC rejects plea on Assam ‘push back' policy, 3 dead in Sikkim landslide, & more
We're building a brand-new studio to bring you bold ground reports, sharp interviews, hard-hitting podcasts, explainers and more. Support Scroll's studio fund today. The Supreme Court has refused to entertain a petition challenging the Assam government 'pushing' back to Bangladesh persons who have been declared foreigners by Foreigners Tribunals in the state. A bench of Justices Sanjay Karol and SC Sharma has asked the petitioner to approach Gauhati High Court. The bench was hearing a petition claiming 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. 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. Read on. Three Indian Army personnel were killed and six others are missing after a landslide struck an army camp in the Chatten area of North Sikkim on Sunday night. The landslide was triggered by heavy rainfall that began around 7 pm near Lachen town in Mangan district. Four personnel who were injured in the landslide have been rescued. A search operation is underway for the six missing personnel. Separately, over 100 tourists who had been stranded due to landslides since May 30 were rescued and were taken to Phidang in the Lower Dzongu area in north Sikkim. Other parts of the North East have also reported heavy rains in the past two days. Assam's Silchar district recorded 415.8 mm of rainfall over a 24-hour period on Sunday, marking the highest single-day rainfall since 1893. In Manipur, more than 19,00 residents have been hit by floods after four consecutive days of downpour. The rains have damaged as many as 3,365 houses. Read on. The makers of the Tamil film Thug Life, starring actor and politician Kamal Haasan, have moved the Karnataka High Court seeking directions to ensure the film can be screened in the state amid calls for boycotting it. The petition by production house Raajkamal Films International contended that Haasan's comment that Kannada was 'born out of Tamil' was taken out of context, and that it was in fact made in the spirit of camaraderie. The petitioners urged the court to stop the Karnataka Film Chamber of Commerce and others from taking any action that would block or restrict the film's screening in any language across the state. The move comes after the film chamber warned that the release of Thug Life would be blocked unless Haasan issued a formal apology for his remark that the Kannada language 'was born out of Tamil'. Read on. The Karnataka police have booked Rashtriya Swayamsevak Sangh leader Kallada Prabhakar Bhat for allegedly making inflammatory remarks at a condolence meet in the Dakshina Kannada district. The alleged remarks were made on May 12 in Kavalapadur village in Bantwal during a memorial for Bajrang Dal member Suhas Shetty, who was also accused of murder. Shetty was reportedly killed within Mangaluru city limits on May 1. Bhat, addressing a crowd of around 500 people in Dakshina Kannada, made remarks that could disturb communal harmony, the police said. The Bantwal Rural Police have registered a case against Bhat for statements conducing to public mischief under Section 353(2) of the Bharatiya Nyaya Sanhita.
Hindustan Times
10 hours ago
- Politics
- Hindustan Times
SC agrees to hear plea over woman's 'illegal' detention in Assam
New Delhi, The Supreme Court on Monday agreed to hear a man's plea over his mother's purported illegal detention by Assam Police amid widespread allegations of deportations to Bangladesh. Iunuch Ali, 26, sought immediate release of his mother Monowara Bewa, who was reportedly detained on May 24 after being called to Dhubri Police Station on the pretext of recording her statement. The plea also sought a direction restraining the deportation or "push back" of the detainee across any Indian border. The matter came up before a bench of Justices Sanjay Karol and Satish Chandra Sharma which agreed to hear it. Senior advocate Kapil Sibal, appearing for the petitioner, said the woman had previously filed an special leave petition in the apex court which is still pending and she was also granted bail but she was being "thrown out". "We will list it along with the main case. We will hear it," the bench said. Ali's plea, the bench said, would be heard along with the pending SLP. The SLP challenges the decision of the Gauhati High Court, which upheld a Foreigners Tribunal ruling declaring Bewa a foreigner - a decision that has remained under challenge before the apex court since 2017. When the bench said the plea would be heard along with the pending petition, Sibal said, "In the meantime, she is being thrown out." "Thrown out means?" the bench asked. Sibal said she might be sent to Bangladesh and the petitioner was unaware of his mother whereabouts. "Where is she, we don't know. At least ask them to tell us that. The son does not know," he argued. The petitioner raised concerns over the practice in Assam of allegedly detaining and deporting persons to Bangladesh overnight, even when their legal cases were pending. Bewa was on bail since December 12, 2019, following a Supreme Court order which allowed the conditional release of detainees who spent more than three years in Assam's foreigner detention camps.
