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SC's Refusal to Entertain Plea on Assam Govt's ‘Illegal Deportations' and What it Means
SC's Refusal to Entertain Plea on Assam Govt's ‘Illegal Deportations' and What it Means

The Wire

time02-06-2025

  • Politics
  • The Wire

SC's Refusal to Entertain Plea on Assam Govt's ‘Illegal Deportations' and What it Means

Menu हिंदी తెలుగు اردو Home Politics Economy World Security Law Science Society Culture Editor's Pick Opinion Support independent journalism. Donate Now Top Stories SC's Refusal to Entertain Plea on Assam Govt's 'Illegal Deportations' and What it Means Tarushi Aswani 39 minutes ago The petitioner claimed that the BJP government in Assam was arbitrarily ousting Indian citizens to Bangladesh without following any process under the pretext of deporting undocumented migrants. View of the Supreme Court on May 5, 2025. Photo: PTI/Kamal Kishore. Real journalism holds power accountable Since 2015, The Wire has done just that. But we can continue only with your support. Contribute now New Delhi: On June 2, the Supreme Court refused to entertain a plea filed by the All B.T.C. Minority Students' Union (ABMSU) raising concerns over the Himanta Biswa Sarma-led Assam government's 'indiscriminate' drive to 'push back' individuals who have been declared foreigners by the Foreigners Tribunals (FT) in the state. Justices Sanjay Karol and Satish Chandra Sharma dismissed the petition and suggested that the petitioner organisation approach the Gauhati high court for appropriate relief. Filed by ABMSU, a social organisation based in Assam's Bodoland, the writ petition questioned the growing pattern of deportations conducted by the Assam Police and administrative machinery through an informal mechanism of 'pushing back', without observance of the safeguards mandated by the constitution or the Supreme Court. The union has claimed that the Bharatiya Janata Party government in Assam was arbitrarily ousting Indian citizens to Bangladesh without following any process under the pretext of deporting undocumented migrants. The petition filed through advocate Adeel Ahmed says that, 'This policy of 'push back' is being executed in border districts like Dhubri, South Salmara and Goalpara – it is not only legally indefensible but also threatens to render stateless numerous Indian citizens, especially those from poor and marginalised communities who were either declared foreigners ex parte or have no access to legal aid to challenge their status.' The petition also adds that such actions are in a direct conflict with the fundamental rights guaranteed under Articles 14, 21 and 22 of the constitution, and violate binding judicial precedents laid down by the Supreme Court, including the judgment in 'Re: Section 6A of the Citizenship Act 1955' case. This petition emanates from the recent rise in the number of detentions of declared foreigners in Assam since May 23. Families have claimed that 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. Take the case of Khairul Islam for instance: on May 24, Islam and eight others were picked up from different parts of Morigaon district, but family members claimed they were not told about their whereabouts. Islam, a former teacher, along with his three siblings, was declared a foreigner by the FT in 2016, against which he had approached the Gauhati high court. The high court had upheld the FT's decision, leading to Islam's detention in 2018. He was set free in 2020 following a Supreme Court general order for releasing all detainees who have spent more than two years term. On May 31, Islam, who was detained by the Assam police on the charges of being a foreigner and allegedly deported to Bangladesh, was brought back to his home in Morigaon district, an officer had said. From May 27 until the morning of May 31, Islam and the others were reported to be in no man's land, between India and Bangladesh. Such deportation drives are being undertaken as a result of the Supreme Court's recent order, the petition claims. The said order delivered in February this year, rapped the state for not initiating the process of deporting 63 individuals who have been declared foreigners by the FT on the ground that their addresses are unknown. The petition has also submitted that the said order, which pertain specifically to 63 named individuals whose nationality had been verified by the Ministry of External Affairs, is now being indiscriminately applied by the respondent state and law enforcement agencies to detain and forcibly deport several persons without due process. These include individuals not named in the Annexure to the affidavit dated February 3, 2025, and persons who have not received FT orders or have not been afforded the opportunity to challenge or review such orders. The petitioner has also submitted that 'they are in possession of credible material-including news reports, family testimonies, and field verification-indicating that numerous individuals have already been deported or are on the verge of being pushed across the international border under a purported 'push back' policy'. This policy, the petitioner has stated is being implemented in absence of any judicial oversight or constitutional safeguards, poses an imminent threat to the fundamental rights of numerous Indian citizens. In addition to this, more than 2,000 alleged illegal Bangladeshi immigrants are estimated to have been 'pushed back' across the border by Indian authorities since Operation Sindoor began in the early hours of May 7, following a nationwide verification exercise, The Indian Express has reported. Amid these 'illegal deportations' which the Supreme Court has refused to acknowledge, the UN High Commissioner for Human Rights also released a statement regarding at least 40 Rohingya refugees who were detained in New Delhi and cast into the sea by the Indian navy near the maritime border with Myanmar. The refugees, including children and women, swam for their life, but their whereabouts in Myanmar remain unknown, the agency said. The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments. Make a contribution to Independent Journalism Related News Himanta Justifies Govt's Strategy of Pushing Back 'Foreigners' Into Bangladesh, Cites SC Order Assam 'Re-Arrests': NHRC Complaint, Pleas in Courts Reflect Fears of Forced Deportation India 'Pushing Back' Undocumented Bangladesh Nationals, 300 Migrants Sent Back this Month: Report Over 700 Undocumented Bangladeshi Migrants in Delhi Sent Back in Last Six Months 'Thrown Into the Sea': How India Allegedly Deported 38 Rohingya Refugees Without Due Process 'A Dharamshala?': What the SC Said While Rejecting a Sri Lankan Tamil Man's Plea Against Deportation 'Tortured Like Criminals': Rohingya Refugees Reveal Chilling Details of Police Abuse Amid Deportations Why the SC-Ordered Probe Into Assam's Fake Encounters Is Significant Amid Bangladesh's Objection, India Continues to 'Push Back' Undocumented Migrants Across Border View in Desktop Mode About Us Contact Us Support Us © Copyright. All Rights Reserved.

Their Shrines Demolished, Muslims in Gujarat's Gir Somnath Have Nowhere to Look for Hope
Their Shrines Demolished, Muslims in Gujarat's Gir Somnath Have Nowhere to Look for Hope

The Wire

time31-05-2025

  • Politics
  • The Wire

Their Shrines Demolished, Muslims in Gujarat's Gir Somnath Have Nowhere to Look for Hope

Menu हिंदी తెలుగు اردو Home Politics Economy World Security Law Science Society Culture Editor's Pick Opinion Support independent journalism. Donate Now Top Stories Their Shrines Demolished, Muslims in Gujarat's Gir Somnath Have Nowhere to Look for Hope Tarushi Aswani 35 minutes ago Eight months after large-scale demolitions in the area, local Muslims said their existence has been entirely destabilised and their lives reduced to both literal and metaphorical rubble. The site of the demolished shrines in Veraval. Photo: Tarushi Aswani Real journalism holds power accountable Since 2015, The Wire has done just that. But we can continue only with your support. Contribute now Gir Somnath (Gujarat): Javed Hussain Banva, a 12th-generation caretaker at Gir Somnath's Pir Silar Shah Dargah, recently lost his eyesight. Banva has lost partial vision without any genetic or medical predispositions that could have led to the condition. 'After I witnessed the bulldozing of the shrine of our saint, our Sufi, nothing made sense to me. The doctors told me I lost my vision because of my anxiety and stress,' said Banva, recalling the bulldozing of the Pir Silar Shah Dargah and eight other structures of Islamic significance in September 2024. Banva's home, life and memories of childhood lie under the rubble that neighbours the rubble of the Pir Silar Shah Dargah. Seven months ago, at four in the morning, when Muslims begin waking up for dawn prayers, Muslims in Gir Somnath district were jolted out of their sleep by hundreds of policemen who made way for bulldozers. The day when the police orchestrated the demolition is deeply etched in the minds of Gir Somnath's Muslims. That day, over 200 Muslims saw the state crush their lives and livelihoods using hydraulic cranes, at least 60 excavators, 50 tractor trailers, five dumpers and about 1,400 policemen. On September 28, 2024, the Dargah, along with eight other religious structures associated with Muslims and 47 mostly Muslim-owned houses in the Veraval area of Gir Somnath district in Gujarat, were demolished by authorities in a six-hour drive. As many as 200 locals were affected, said Banva. While the demolitions took place, police detained around 150 locals, it is alleged. Legal battle for faith For the last eight months, Ismailbhai Chhel, a resident of Veraval, has been waging a war against what he calls the arbitrary razing of Muslims' sentiments – the demolition of the nine shrines. In Prabhas Patan, after several historic shrines such as the Haji Mangrol Dargah, Shah Silar Dargah, Garib Shah Dargah, Mayapuri Dargah and Jafar Muzaffar Dargah were bulldozed, Chhel, as the president of the Auliya-E-Deen Committee – a committee founded for the shrines' maintenance in Gir Somnath – vowed to avenge the desecration of the shrines legally. The matter was heard at the Supreme Court as a special leave petition (SLP) filed by the Auliya-E-Deen Committee against a Gujarat high court order of October 3, 2024, that refused to order status quo on the demolition. Pir Shah Silar Dargah before demolition. Photo: Special arrangement Appearing for the Committee, senior advocate Kapil Sibal had questioned the demolition, arguing that the shrine being labelled 'illegal' dated back to 1903 and was previously registered in the Committee's name. Sibal also argued that the demolitions were carried out without respect for the legal, religious and historical status of the land. He said that the land was registered under the Waqf Act and questioned how the government could proceed with demolition without resolving ownership. The case was last heard on January 17, 2025 and was adjourned for the respondents to file their documents. The respondents are the State of Gujarat, the District Collector (Gir Somnath), the Deputy Collector (Gir Somnath), City Survey Superintendent, Prabhas Patan, Mamlatdar (Veraval City), Gujarat State Waqf Board and the Somnath Trust. The case will be next heard on July 15. 'Better to be under the rubble' Khatuna Abdul Qadir always knew she had a special spiritual connection with the Pir Haji Mangroli Shah Dargah. After she lost her husband a decade ago, Khatuna, 60, frequented the shrine in search of peace and patience. This year, when she could not attend the Urs at the shrine, her whole life flashed in front of her eyes – especially September 28, 2024 when the shrine was desecrated by State authorities. Followers of the shrine had even appealed to the Supreme Court seeking permission to conduct the Urs at the Pir Haji Mangroli Shah Dargah, among the alleged encroachments removed from government land in Gujarat's Gir Somnath district. But on January 31, the court turned down the plea, disappointing Gir Somnath's Muslims who have been fighting for their faith. Khatuna could not see the Urs take place, for the first time in her life. 'They attacked our shrines, mosques and homes. I ask them, why didn't they crush us too? It would be better to have been under the rubble of our homes and shrines,' she lamented. Several Muslim families ousted from the shrines which were demolished now live in makeshift tents. Photo: Tarushi Aswani Khatuna is not alone in her anger with the life she lives. Her former neighbour, Safina Bano, is with her – as are 200 other locals who say their lives have lost meaning. Bano remembers her world falling apart when she was made to evacuate her house, clutching her then three-month-old daughter to her chest. 'They told us to move out or get crushed under the bulldozer. They didn't even give us time to take food items for my child. It was raining and my child was shivering in my arms when I tried to keep her covered with my own soaking wet headscarf,' Bano told The Wire. Affected locals say they were left out of their rubbished homes with all their belongings, even food trapped under the rubble. Many of them had to borrow money from their relatives to feed their family. Bano and mother's like her did not have answers when their kids questioned them about their lost homes and why their stomachs would constantly growl under tenements. Even after eight long months of homelessness and hunger, several victims of demolition that The Wire met with claimed that while the authorities have maintained in court that they had informed all residents in the area about the demolition, there was no such notice issued. Muslim-free Gir Somnath? During its visit to the district, The Wire noticed that all the nine demolished structures now constitute of mountains of rubble guarded by Gujarat Police. Every mountain of rubble has a police tenement in front of it, with at least one police personnel guarding it. Demolitions are becoming a regular occurrence in the Gir Somnath district. Despite the Supreme Court's September 17 interim order which stayed demolitions across the country without its permission till October 1, Gujarat authorities demolished not one but nine Islamic structures. Issa Patel, a local, believes that this is a calculated move across the country to reduce Muslims to homeless beggars. 'They don't want Muslims in this holy district. From our position of helplessness, we can see how the law is different for Muslims and different for Hindus,' he said. In March 2025 as well, Gujarat government authorities demolished another Islamic shrine in Junagadh amid an operation that was carried out late in the night amid heavy police deployment. Amid this repetitive and rigorous pattern geared towards toppling the sites of worship belonging to one particular religion, an RTI filed by the editor of a Gujarat newspaper has exposed the biases that manifest in the form of demolitions orchestrated at the behest of the BJP government. View of the Somnath Temple from the site of the razed shrines. Photo: Tarushi Aswani After the demolitions that disturbed the Muslims of Gir Somnath district, Mir Khan Makrani, the founding editor of Lekhmala News, filed a RTI (Right to Information) application questioning the Gujarat Directorate of Archaeology on its standpoint regarding the demolitions. In its RTI reply, the Directorate responses made it sound plainly 'Hindu', Makrani said. The Wire accessed the RTI responses filed by the Directorate to Makrani's application – but the responses give rise to even more questions. Upon Makrani seeking a response as to why the Haji Mangrol Dargah was demolished, the Directorate claimed that the said Dargah was in a residential area and had recently been renovated, with tiling work and cement flooring. Despite the Dargah being registered under the Waqf Act in 1964, the Directorate called it a new construction, suitable for being demolished. In the same manner, when asked about the demolition of Mayapuri Dargah and Pir Silar Shah Dargah, registered under the Waqf Act in 1965, the Directorate stated that both of them appeared to be newly constructed buildings and lacked any marker of historicity. While all three shrines had been registered with Gujarat Waqf Board at least four decades ago, the Directorate used their renovation to declare them unfit as sites of historical and religious significance. Meanwhile, the Directorate itself has called for the renovation of Rudreshwar Mahadev Mandir, Prachin Jain Mandir, Veneshwar Mahadev Mandir and Veraval Darwaza in Gir Somnath district. The office has also shown concern for their historicity and decaying structure, calling for renovation and preservation of damaged portions as it feels their historicity is visible despite certain portions being newly cemented and renovated. Make a contribution to Independent Journalism Related News The Gujarat Evictions and the Weaponisation of National Security Leaders' Silence Questioned After Gujarat Dalit Man Allegedly Killed Over Addressing Teen as 'Beta' 8,000 Homes Demolished in Gujarat's Siasat Nagar, Government Cites 'National Security 'Gujarat Samachar' Co-Owner Bahubali Shah's Arrest and Bail: Here's What Happened Gujarat Samachar Owner Held by ED, Congress Says Critical Writing Against Modi Govt Led to Arrest Cops Arrest Gujarat Minister's Second Son in Alleged MGNREGS Funds Scam Raj Rachakonda's '23' Takes a Hard Look At Caste and Social Justice Police Arrest Gujarat Minister's Son in Rs 71-Crore MGNREGS Funds Scam Manipur: 'Ready to Form Government,' NDA MLAs Meet Governor, Claim Support of 44 View in Desktop Mode About Us Contact Us Support Us © Copyright. All Rights Reserved.

What Do the Ghosts of Pahalgam and Pulwama Mean for the Common Kashmiri?
What Do the Ghosts of Pahalgam and Pulwama Mean for the Common Kashmiri?

The Wire

time03-05-2025

  • Politics
  • The Wire

What Do the Ghosts of Pahalgam and Pulwama Mean for the Common Kashmiri?

For the best experience, open on your mobile browser or Download our App. Next Support independent journalism. Donate Now Security Tarushi Aswani 18 hours ago While all of India including Kashmir mourns the loss of 26 lives that were lost in Baisaran, Kashmiris are also mourning a lot more. LeT militant Zakir Ganaie's family stands on the rubble of their home in Kulgam's Mutalhama. Photo: Tarushi Aswani Support Free & Independent Journalism Good morning, we need your help! Since 2015, The Wire has fearlessly delivered independent journalism, holding truth to power. Despite lawsuits and intimidation tactics, we persist with your support. Contribute as little as ₹ 200 a month and become a champion of free press in India. Yes, I want to contribute Pahalgam/Pulwama (Jammu and Kashmir): Aisha Begum looks at the heap of debris that her decades-old home has turned into. Her residence in Kulgam was part of the blasting spree carried out by the security forces in south Kashmir to avenge one of the biggest terrorist attacks on tourists in Kashmir's Pahalgam on April 22. Begum's house – made from money her family saved over the years working as daily wagers – was blown up, apparently to avenge the killings in Pahalgam. But she and many others with destroyed homes – whose sons, brothers and fathers had cut ties with them to become terrorists – ask a common question: 'Was it our fault?' Along with Begum's humble home in Kulgam, the authorities planted explosives in eight other residential houses of the families of suspected Lashkar-e-Tayyaba (LeT) members. The explosives were later detonated, blowing up their homes, hopes and dreams. The blasts have also impacted the homes of neighbours who had no connection whatsoever with the alleged terrorists. The family recounts how they were asleep when the security forces arrived with their equipment at 12:30 am and began to blow up the sum of their lives. Those suspected of having committed the Pahalgam attack or of associating with the LeT have been identified as Ahsan Ul Haq Sheikh, Asif Ahmad Sheikh and Amir Nazir, from Pulwama. From Shopian, it is Shahid Ahmad Kutay and Adnan Shafi Dar, and Jameel Ahmed Shergojri of Bandipora district as well as Adil Thoker of Anantnag and Farooq Ahmad Tadwa from Kupwara. Trickling trauma Time stands still in Pahalgam. Its taxis, hotels, restaurants, gift shops and people are on pause. Nothing breathes any more. Horses run without riders and rivers rush past restless, with no children to skip stones. Pahalgam is in mourning, with its garrisoned gardens. Hilal Ahmed Ahanger, a 28-year-old entrepreneur in Pahalgam, is already a victim of Kashmir's distressing unemployment statistics. Ahanger, who pursued his masters in political science and bachelors in mathematics, had forgone the idea of pursuing a career related to his education when he calculated the dismal pay he would receive. Instead, he began his small-footed journey in the hotel business seven years ago. After the attack, several hotels have shut, but some are still open in the hope of catering to tourists. The huts that Ahanger runs are vacant now. 'This attack has shocked everyone. But now, I know we will be seen as the 'new Pulwama'. No one even knew where Pulwama was, and now it is known for a tragedy. Sadly, Pahalgam's image of a beautiful tourist spot can never be repaired now,' Ahanger told The Wire. Hilal Ahmed stands in an empty tea shop in Pahalgam. Photo: Tarushi Aswani Another restaurateur at the affected spot said he had requested his staff to go back to their respective districts to stay safe. 'Our Hindu staff was terrified after the attack, they wanted to leave and we readily facilitated it. Our staff of 18 has now shrunk to four,' he said. Locals feel that the gruesome episode has shaken their world forever. It has left them in a more vulnerable spot than ever, with their lives and livelihoods jeopardised. 'We are permanent sufferers' In Pulwama's Murran village, Sahiba Jan, a 14-year-old girl, is trying hard to make her way out of her neighbourhood which was recently wrecked with controlled explosives. Her feet have multiple scratches: the lanes she passes through are now paved with hundreds of rugged rocks, pieces of shattered plastic and splinters of wood. Homes with no ties to any alleged militant or terrorist were not spared the blast. Children like her were left to dig through the rubble, searching for their books and belongings amid the wreckage of ordinary life. Ever since Pulwama made headlines for the 2019 attack that killed 40 CRPF personnel, locals say life has never been the same. While they acknowledge that some of the region's young men joined the militancy, they describe an overwhelming sense of being watched—one that has only intensified since 2019. Also read: Caught Between Borders and Broken Promises, Pakistani Woman's Journey Through J&K's Militant Rehab Policy After the Pahalgam attack, Pulwama's locals felt a rise in their pulse. The 40 deaths that happened six years ago haunt their hearts and homes to date. After the Pahalgam attack, hundreds and thousands of men across Pulwama and the rest of Kashmir were taken away by the forces. Wali Mohammed, whose house was the target of the explosion in Murran, feels that things are never going to be the same now. 'How can those who stay be accountable for those who leave?' he asked. His grandson, Ahsan ul Haq Sheikh, has been accused of involvement in the Pahalgam terror attack. The blast in Pulwama's Murran targeted at alleged terrorist Ahsan Ul Haq Sheikh's home has impacted other homes nearby. Photo: Tarushi Aswani In Shopian, Pulwama's neighbour, former MLA Aijaz Ahmad Mir's faith in peace and stability is beginning to waver. A native of the volatile village of Zainapora, Mir has long believed in democracy as the path forward. But the demolition of homes belonging to those merely suspected of involvement in the Pahalgam attack, he feels, has cast a deeper pall over south Kashmir—heightening the sense of unease and foreboding that already hung in the air. 'Kashmir is a very tricky region to deal with. One miscalculated move and all the years of stability can go down the drain. And whatever happens, it is Kashmiris who bear the brunt. Our parents, children, our people are a permanent casualty of the seven-decade old conflict,' Mir told The Wire. Mourners in Modi-fied Kashmir Ever since the 2019 attack, the Narendra Modi government has twisted every arm, agency and institution in its hands to make Kashmir hum a narrative of peace and prosperity. This has only resulted in a pendulum effect of attacks moving from Kashmir to Jammu – and now back to Kashmir. According to the South Asia Terrorism Portal, 2024 saw 12 'major incidents' unfold in Jammu and Kashmir, leading to 50 deaths and 58 injured. Newer militant groups are rising in the region – rebel groups such as the People's Anti-Fascist Front, the Resistance Front and the Kashmir Tigers emerged after Modi's cancellation of Kashmir's special status in 2019. And it is the rise of such groups that is choking the narrative of Naya Kashmir. Outside the home of Adnan Shafi Dar, another LeT member among the suspects of the Pahalgam attack, there is debris and despair. His father still looks at the remains and ruins of what he once called home, where he raised his children, including Adnan, in Shopian's Wandina. The ruins of Dar's house carry a trampled piece of tape saying 'CRIME SCENE', but his father Shafi Dar, who is yet to come to terms with the blasting of their humble abode, questions this 'counter action' on April 27. Dar cannot comprehend this damage, not because it is personal, but because it has never happened in his district before. Shopian is known for people joining the militancy ever since it gained momentum. 'Our district, our village has seen many leave, and learnt about many being killed for being militants. But this has never happened to any of their houses,' Dar told The Wire. The fear here is palpable. Several young men have been detained as the security forces question about 1,500 Kashmiris on the attack. While all of India—including Kashmir—mourns the loss of 26 lives in Baisaran, Kashmiris are grieving much more. They mourn sons lost to violence, lives disrupted by detentions and imprisonments, and a future they now see as all too plausible: one marked by greater uncertainty, instability, and fear. Politics Meitei Group Writes to Amit Shah About 'Unconstitutional Blockade' of Path to Pilgrimage Site View More

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