20, Nov 2024 | CJP Team

In a significant victory for justice and human rights, the Gauhati High Court has granted bail to Sahid Ali, a resident of Bagheswar village in Assam, who had been declared a foreigner by the Foreigners’ Tribunal (FT) in Darrang district. The said grant of bail to Sahid Ali by the Gauhati High Court has drawn attention to the plight of individuals in Assam who are unjustly labeled as foreigners. Sahid, a lifelong resident of the state with ancestral ties dating back generations, found himself declared a foreigner by the Foreigners’ Tribunal despite possessing substantial evidence of his Indian citizenship. This decision not only disrupted his life but also highlighted systemic flaws in the processes that determine citizenship in the region. His case underscores the pressing need for fairness and accountability in addressing such disputes.

Sahid’s story is emblematic of the struggles faced by many in Assam, where allegations of being a foreigner often arise from cursory investigations and inadequate verification of records. For Sahid, the intervention of Citizens for Justice and Peace (CJP), a human rights organisation, proved to be a lifeline. Their relentless advocacy and legal support not only secured his release but also brought hope to others fighting similar battles. This case sheds light on the human cost of flawed systems and the power of collective efforts in ensuring justice and restoring dignity.

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!

Sahid Ali’s ordeal: a citizen branded a foreigner  

Sahid Ali, also known as Shwahid Ali, has lived his entire life in Assam, a state his family has called home for generations. Born and raised in Tupar village under Nagarbera Mouza, Boko police station in Kamrup district, Sahid’s citizenship seemed unquestionable. His grandfather, Jasim Mundal, possessed land records from 1957-64, and his name was also listed in the 1966 voter list. Furthermore, Sahid’s father, Basir Ali (also known as Bashiruddin Ali), appeared on the 1971 voter list for Tupamari village under Nagarbera Mouza.  

Despite this strong documentary evidence, Sahid found himself ensnared in a legal battle when he was accused of being a foreigner by the Assam government. The case against Sahid Ali was initiated by the Superintendent of Police (Border), Darrang, based on allegations of foreign nationality, without conducting proper verification. This led the Foreigners’ Tribunal (FT) to register a case against him and issue a notice, further intensifying his ordeal. Notably, Sahid’s family had been actively participating in the electoral process, casting their votes in the village of Fuhuratali under the No. 66 Sipajhar Legislative Assembly Constituency, a fact that should have supported his claim of Indian citizenship.

Sahid’s grandfather, Jasim Mundal, possessed certified land records from village Tupamari in Pachim Samariya Mouza, dating back to 1957-64 (Dag No. 580 New, Dag No. 480 Old). These documents, coupled with Sahid’s other evidence, clearly demonstrated his citizenship. However, on September 29, 2023, the Darrang Tribunal declared him a foreigner. This decision turned Sahid’s life upside down, leaving him in constant fear and severely impacting his health. With the looming threat of detention in a camp, Sahid faced an unimaginable future filled with uncertainty and despair.

The struggles following the Tribunal’s decision

The tribunal’s ruling shattered Sahid Ali and his family, plunging them into a nightmare of uncertainty and despair. Despite possessing substantial documentary evidence that firmly established his Indian citizenship—documents spanning generations that tied his family to Assam—Sahid was declared a foreigner. The tribunal’s decision not only stripped him of his identity but also left him facing the grim prospect of being sent to a detention camp, a fate that loomed like a dark shadow over his life. The thought of losing his freedom and being confined to such a camp deeply affected his mental well-being, causing his health to deteriorate as he struggled with relentless fear and anxiety. For Sahid, every passing day was marked by anguish and a sense of helplessness.  

Just as Sahid’s hopes seemed to be slipping away, a ray of hope emerged in the form of the CJP Assam legal team. Senior legal member Advocate Mrinmay Dutta, recognising the glaring injustice, took up Sahid’s case with determination and compassion. Filing a petition in the Gauhati High Court, Dutta contested the tribunal’s ruling and sought to overturn the judgment that had upended Sahid’s life. This intervention not only brought hope to Sahid but also shed light on the broader systemic failures that plague many similar cases in Assam. Allegations of being a foreigner often arise from flawed investigations and cursory scrutiny of documents, leaving countless individuals like Sahid to bear the brunt of administrative oversight. His case is a stark reminder of the immense human suffering caused by these failings and the urgent need for fairness and due diligence in such matters.  

CJP steps in- a fight for justice

Recognising the glaring injustice in Sahid Ali’s case, the legal team from CJP, under the leadership of Senior Advocate Mrinmay Dutta, stepped in to provide crucial support. With unwavering dedication, they challenged the Foreigners’ Tribunal’s decision by filing a petition in the Gauhati High Court. Building a strong case grounded in documentary evidence—records spanning decades and proving Sahid’s Indian citizenship—they sought to overturn the ruling that had upended his life. Their efforts bore fruit when, on November 6, 2024, the High Court granted Sahid bail. This decision brought a wave of relief to Sahid and his family, marking a turning point in their ordeal and reaffirming their faith in the judicial system.  

However, the battle was far from over. Securing bail was just the beginning of yet another formidable challenge—finding a bailor and completing the procedural formalities within a rigid timeline of ten days. Despite the urgency and limited time, the team at CJP demonstrated remarkable resolve. When their search for a bailor initially yielded no results, the organisation’s Darrang District Volunteer Motivator (DVM), Joinal Abedin, took it upon himself to ensure justice prevailed. Stepping forward as the bailor, Joinal’s selfless act underscored the essence of solidarity and commitment within the CJP team. His gesture not only expedited the process but also highlighted the collective effort required to combat systemic injustices. This critical milestone ensured that Sahid’s bail bond was submitted on time, symbolising hope and resilience in the face of adversity.  

Formalities completed; freedom restored

On 13 November 2024, CJP’s Assam state in-charge, Nanda Ghosh, accompanied by Darrang DVM Joinal Abedin and Sahid Ali, submitted the bail bond at the Border Branch of Darrang. This crucial step marked significant progress in Sahid’s case. The following day, the formalities were completed at the local Border Branch under the Sipajhar police station, bringing a sense of closure to a process fraught with hurdles and urgency. The dedication and efficiency demonstrated by CJP’s team ensured that Sahid’s release was not delayed further, a testament to their commitment to justice and humanity.  

When Sahid learned that his bail had been granted, his emotions overflowed with gratitude. “Now at least I can go out freely and work to feed my family. It’s because of you (CJP) that this became possible. Thank you, thank you so much,” he said, his voice trembling with relief and hope. These heartfelt words revealed the profound weight of the ordeal he had endured. Stripped of his identity, living under the constant threat of detention, and fearing for his family’s future, Sahid had been pushed to the brink. For him, the High Court’s decision was not merely legal relief—it was a lifeline, restoring a sense of dignity and freedom he thought he had lost forever.  

However, the grant of bail is only a temporary reprieve. The fight to secure Sahid’s citizenship remains a daunting challenge. CJP has pledged to continue supporting him, determined to ensure that his identity as a legitimate Indian citizen is restored. This commitment extends beyond Sahid’s case, reflecting CJP’s unwavering resolve to stand by all those who face similar injustices. Their efforts underscore the critical need for systemic reforms to address the deeply flawed processes that brand individuals as foreigners, often without fair scrutiny or due process.  

Sahid’s story is a microcosm of the broader crisis in Assam, where countless individuals are trapped in a web of suspicion and procedural failures. Despite having lived in India for generations, many are unjustly accused of being foreigners, with devastating consequences for their lives and livelihoods. His ordeal highlights the human cost of these systemic flaws, exposing the urgent need for a fair, transparent, and humane approach to resolving citizenship disputes. Sahid’s resilience, combined with the steadfast efforts of CJP, serves as a powerful reminder that justice is not a privilege—it is a right, and it must be accessible to all, especially the most vulnerable.

A testament to perseverance and advocacy

Sahid’s journey, from being unjustly branded a foreigner to finally securing bail, is a profound testament to the strength and resilience of individuals fighting for justice in a system that often fails to protect the most vulnerable. For Sahid, the process was not just a legal battle; it was a deeply personal fight for his dignity, his identity, and his right to live as a citizen in the land of his ancestors. The terror of being labelled an outsider, despite generations of living in Assam, compounded by the looming threat of detention, created a reality where every moment was filled with uncertainty and fear. Yet, throughout this tumultuous ordeal, Sahid’s perseverance and determination to prove his rightful place in India never wavered. 

Behind Sahid’s victory stands the unwavering support of organisations like CJP, whose commitment to social justice and human rights played a pivotal role in challenging the flawed system that nearly robbed him of his citizenship. The collective advocacy, led by CJP’s legal team, helped bring the necessary legal pressure to secure his temporary relief. This victory, however, is not just about one man’s case—it represents a broader fight for fairness, dignity, and the recognition of rights for all individuals, particularly those marginalised by systemic failures. CJP’s work underscores the critical role that organisations committed to social justice play in challenging injustice and empowering individuals to reclaim their lives and rights.  

As Sahid begins to breathe easier with his newfound freedom, his story is a powerful reminder of the importance of safeguarding the fundamental rights of every individual, especially those whose voices are most often silenced. His case illustrates the vulnerability of individuals caught in a web of bureaucratic oversight and legal ambiguities, and how vital it is for society to rise to their defence. For Sahid, the road ahead is still fraught with challenges, but the grant of bail represents a significant first step in a long and arduous journey towards reclaiming his full rights as an Indian citizen. His story is a call to action—to ensure that no one, regardless of their background or status, is denied justice or the fundamental right to live free from fear. It is a powerful reminder that, no matter how insurmountable the odds may seem, justice must always prevail, and the fight for it is worth every step.

Related:

Divisive rhetoric on Jharkhand campaign trail: CJP files two complaint against 4 speeches by Assam CM Himanta Biswa Sarma

Assam citizenship crisis: Aadhaar and the shadows of exclusion and administrative labyrinth

Assam detention camps tighten rules, leaving families struggling to visit loved ones detained in Matia transit camp