Sher Ali and Jamila Khatun, an elderly couple from Kawadi No. 2 Sonaikhola, Assam, were living a peaceful life until they received a notice from the Bongaigaon Foreigners Tribunal. The notice accused them of being foreigners who had entered India illegally on or before 1971. The couple, who had lived in India all their lives, were devastated by these unexpected allegations. For them, receiving the notice did not signify just a mere hiccup or a formality which will be sorted once they provide the necessary documents, but rather it was a threat to their very existence. While trying to imagine the couple’s situation, we have to bear in mind that the Courts, Tribunals as well as the Investigation Officers have been heavily criticised in the recent time for the manner in which they have been dealing with the cases of those individuals in Assam who have been accused of being foreigners or categorised as Doubtful Voters.
In a recent instance, on July 11, a judgment was delivered by the Supreme Court that put an end to the 12-year legal battle that Rahim Ali fought against the state to establish his Indian nationality. However, justice came too late in his case, as Rahim Ali passed away two and a half years before with the tag of a “foreigner” against his name. In the said judgment, the Supreme Court bench of Justices Vikram Nath and Ahsanuddin Amanullah had made scathing remarks against the Courts and Tribunals dealing with the case of citizenship in Assam, and 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. Details of the case can be read here and here.
Every week, CJP’s dedicated team in Assam, comprising community volunteers, district volunteer motivators, and lawyers, provides vital paralegal support, counseling, and legal aid to many affected by the citizenship crisis in over 24 districts in Assam. Through our hands-on approach, 12,00,000 people successfully submitted completed NRC forms (2017-2019). We fight Foreigner Tribunal cases monthly at the district level. Through these concerted efforts, we have achieved an impressive success rate of 20 cases annually, with individuals successfully obtaining their Indian citizenship. This ground level data ensures informed interventions by CJP in our Constitutional Courts. Your support fuels this crucial work. Stand with us for Equal Rights for All #HelpCJPHelpAssam. Donate NOW!
Therefore, once can say that when it comes to proving citizenship of those put under scanner of the state in Assam, the process itself is the punishment. Sher Ali and Jamila Khatun were required to appear before the Foreigners Tribunal every month, disrupting their lives, and leaving their livelihood and peace of mind in jeopardy. The couple felt they were being selectively targeted, possibly due to their religion, language, or surname. For them, being subjected to this kind of harassment in their own land raised the question: How many Indians, especially Muslims, must endure such torture of being falsely labelled as Bangladeshis in their own country year after year?
Sher Ali and Jamila Khatun sitting outside their home
Sher Ali’s Ordeal:
Sher Ali had always known he was a true Indian, he had been born and raised in Kawadi No. 2 Sonaikhola. However, one day, he received a notice that changed everything, accusing him of being a foreigner—a claim he vehemently denied.
Determined to clear his name, Sher Ali gathered all the documents he could find to prove his citizenship, including his father’s name in the NRC (National Register for Citizenship) of 1951, voter lists from 1966, 1970, and 1979, and land records. Despite his efforts, the Investigating Officer (I/O) submitted a false inquiry report, claiming Sher Ali was a foreigner.
It is essential to highlight here that the I/O in the case had never visited Sher Ali’s house or spoken to the witnesses, rather he had fabricated their statements and had ignored the evidence Sher Ali provided before filing the report in the case. Frustrated and helpless, Sher Ali had endured the case dragging on for 13 years until he finally received a notice in 2020.
Refusing to give up, Sher Ali rallied his villagers and relatives, who all attested to his birth and citizenship before the Foreigners Tribunal. He submitted additional documents and witnesses to support his case. As the case went to trial, Sher Ali stood confidently before the Tribunal, knowing he had done everything he could to prove his citizenship.
Jamila Khatun’s Struggle:
Jamila Khatun, a 47-year-old woman from Kawadi No. 2 Sonaikhola, Assam, found herself entangled in a legal battle to prove her Indian citizenship. Despite being born and raised in India, Jamila was accused of being a foreigner, a claim she vehemently denied. Jamila’s family had lived in India for generations. Her grandfather’s name appeared in the 1966 voter list, and her father’s name was enrolled in the 1970 voter list. Jamila herself had been a regular voter, with her name appearing in the 2010, 2015, and 2020 voter lists.
Determined to clear her name, Jamila gathered documents to prove her citizenship, including voter lists, land records, and a ration card. She submitted these documents to the court, along with a written statement detailing her family history and her own life story. Despite the overwhelming evidence, the I/O submitted a false inquiry report, claiming Jamila was a foreigner. The I/O never visited Jamila’s house or spoke to her witnesses, relying instead on fabricated statements.
CJP Team Assam with Sher Ali and Jamila Khatun outside their home
CJP team and the legal fight of establishing citizenship:
After one year and four months of effort by the Assam team of Citizens for Justice and Peace, both Sher Ali and Jamila Khatun were finally declared as Indian citizens. The legal team vigorously argued their case before the Foreigners Tribunal, contesting the false allegations made in the inquiry report submitted by the I/O. The team further demonstrated that the couple was not from East Pakistan/Bangladesh as had been falsely claimed, and the I/O’s report was based on inadequate investigation and fabricated statements. It was brought to the Court’s notice that the I/O had failed to visit the accused and had not fairly discharged his duties, and the report did not provide any evidence of their alleged foreign nationality. Furthermore, the case was time-barred, having been registered in 2007 and revived after 13 years without any fresh evidence.
The couple successfully proved their citizenship and had their rights restored. Although the ordeal left a lasting impact, they found solace in knowing they were not alone in their struggle. On behalf of CJP team, State In-charge Nanda Ghosh and Advocate Dewan Abdur Rahim presented the order of the Foreigners Tribunal declaring the couple as Indian Citizens to them, bringing closure to the couple’s long and arduous journey. While Jamila remained silent, overcome with emotion, Sher Ali expressed his gratitude and lamented, “The pain inflicted on us by the government is unfortunate and painful.” But holding the order, Sher Ali felt a wave of relief wash over him.
The orders of the Tribunal can be read below:
Related:
Justice delayed, life denied: Rahim Ali’s citizenship vindicated posthumously
SC directs Centre to deport 17 foreigners detained in Assam Detention Centre