CJP helps Assam man secure bail from Guwahati HC The Bengali Hindu man had been dragged to the FT twice, despite being pronounced Indian the first time
10, Apr 2021 | CJP Team
CJP has come to the aid of Uttam Chakraborty, a Bengali Hindu man who was forced to defend his citizenship before a Foreigners’ Tribunal twice! While he was declared Indian the first time, he was shockingly found to be a ‘foreigner’ a second time. But CJP provided him legal aid and helped him secure bail from the Guwahati High Court that also granted him protection from arrest.
Advocate Mrinmoy Dutta from the CJP legal Team appeared for Chakraborty in the Guwahati High Court. Uttam Chakraborty is a resident of Tulsibari Viilage (No. 1) that falls under the jurisdiction of Rangia Police Station in Kamrup district of Assam.
Now that the final NRC has been published, and 19,06,657 people have been excluded from the final list, CJP’s campaign has become even more focused. Our objective now, is to help these excluded people defend their citizenship before Foreigners’ Tribunals. We are also helping secure the release of detention camp inmates as per the Supreme Court order on their conditional release. For this we have already started conducting a series of workshops to train paralegals to assist people at FTs. We will also be publishing a multi-media training manual containing simplified aspects of legal procedure, evidentiary rules, and judicial precedents that will ensure the appeals filed against the NRC exclusions in the FTs are comprehensive and sound, both in fact and in law. This will assist our paralegals, lawyers and the wider community in Assam to negotiate this tortuous process. For this we need your continued support. Please donate now to help us help Assam.
A reference was first made against him (P.S Case No. 208/2014) that led to RFT Case No. 47/2015. At that time FT No.5 Kamrup (Rural), Rangia, Assam had declared him Indian. But then another reference was made against him (Case No. 275/SPR/2017) where the FT declared him foreigner!
CJP swung into action and helped Chakraborty appeal against the FT judgment in the Guwahati High Court.
The court in its order dated April 9, 2021 said, “In that view of the matter, in the meantime, the petitioner, if not already arrested, may not be arrested and deported from India. However, the petitioner shall appear before the Superintendent of Police (Border), Kamrup(R) within 15(fifteen) days from today, who may obtain necessary information and documentation as required under the rules from the petitioner for securing his presence. On such appearance, the petitioner shall furnish a bail bond of Rs. 5,000/- (Rupees five thousand) with one local surety of the like amount to the satisfaction of the said authority in the connection with F.T.4th Case No.275/SPR/2017, whereafter, the petitioner shall be allowed to remain on bail.”
The petitioner’s fingerprints and biometrics shall be recorded by the police and he is not allowed to leave the jurisdiction of Kamrup (R) without providing necessary information to the police.
The court has also issued notice to the respondents in the case, namely:
- The Union of India
- The State of Assam
- The Superintendent of Police (B), Kamrup
- The Superintendent of Police, Kamrup
- The State Coordinator National Registrar of Citizens Assam, Bhangagarh
- The State Chief Election Commissioner, Assam
- The notice is returnable in four weeks.
The entire order may be viewed here:
Related:
CJP Impact: 34th person walks out of Assam Detention Camp
