In a decisive legal victory, Sukumar Baishya, a 64-year-old Bengali-speaking Hindu from Patkata No. 1, Bongaigaon, has been declared an Indian citizen by Foreigners’ Tribunal (FT) No. 1, Bongaigaon. This decision, delivered on February 7, 2025, marks the culmination of a long and traumatic battle.
This legal triumph came with the determined support of the Citizens for Justice and Peace (CJP), which provided sustained legal aid and community assistance.
Sukumar Baishya, outside his home, holding up the Foreigners’ Tribunal Order
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!
A journey marked by displacement and persecution
Born in 1963 in Patkata No. 1, Sukumar is the son of Lt. Sahadeb Baishya, who migrated from Binnati, East Pakistan (now Bangladesh) to Assam in 1952–53 due to religious persecution. His father obtained a Certificate of Registration as a Citizen of India on December 24, 1956.
Sukumar’s life story is deeply intertwined with Assam’s turbulent political history. Sukumar’s life was further scarred during the 1983 Assam Movement, when his house was burnt down and all his possessions destroyed. Despite his indisputable roots in India, he found himself accused of being a foreigner who had entered Assam after March 25, 1971.
The case and the State’s allegations
The case against Sukumar arose from a reference under Rule 2(1) of the Foreigners’ Tribunal Order, 1964. He was alleged to be a “foreigner from a specified territory” who entered Assam post-1971.
Sukumar contested this vigorously, asserting that:
- He is Indian by birth, with a father who was a registered Indian citizen since 1956.
- The Investigating Officer (IO) never visited his home, never examined him or his witnesses, and filed a false, baseless, and unverified inquiry report.
- The case was registered in 2004 but he received notice only in February 2021 — a delay of 17 years, which he argued should render the case barred by limitation.
CJP Team Assam with Sukumar Baishya outside his home
Documentary evidence submitted
With CJP’s legal support, Sukumar placed on record ten key documents establishing both his own Indian citizenship and his linkage to his father, including:
- Certificate of Registration (24/12/1956) for his father, issued under Section 5(1)(a)(d) of the Citizenship Act, 1955.
- Voter List of 1966 – Father’s name recorded under 41 No. Bijni L.A.C.
- Voter List of 1971 – Father’s name recorded again before the 1971 cut-off.
- Original Sale Deed (02/07/1956) in his father’s name.
- Jamabandi Records showing land mutation in 1988 in the names of Sukumar and his brothers after their father’s death.
- Voter List of 1997 – Sukumar and his wife Renu Bala Baishya recorded at the same address.
- Voter List of 2005 – Sukumar and both wives (Renu Bala and Anjali Bala) recorded.
- Ration Card with Sukumar’s and his father’s names.
- Link Certificate from the President of Palengbari Gaon Panchayat.
- Additional Jamabandi Records linking the family to the land since the 1950s.
Tribunal’s legal reasoning and findings
The Tribunal framed two key issues:
- Whether Sahadeb Baishya was a citizen of India.
- Whether Sukumar Baishya was his son.
On paternity (Issue 2):
- Jamabandi records, the 1997 voter list, and testimony from Sukumar’s younger brother Manindra Baishya and the Land Records Assistant (Manikpur Revenue Circle) proved beyond doubt that Sukumar was the son of Sahadeb Baishya.
- The Ration Card was not accepted as it was not formally proved, but other documentary and oral evidence were sufficient.
On father’s citizenship (Issue 1):
- The Certificate of Registration (1956) and pre-1971 voter lists established Sahadeb as a registered Indian citizen residing in Assam since at least 1956.
- The 1956 sale deed and continuous land records corroborated long-standing residence and ownership.
Final determination: The Tribunal held that Sukumar had successfully discharged the statutory burden under Section 9 of the Foreigners Act, 1946, proving he was not a foreigner but an Indian citizen by birth. He was absolved of all allegations.
Human impact and community reaction
When the CJP legal team — Dewan Abdur Rahim (Legal Team Member), Nanda Ghosh (State In-Charge), Sudrasan Das (Community Volunteer), Tapash Chakraborty, and Asikul Hussain (Driver) — visited Sukumar to hand over the judgment copy, he broke down in emotion, thanking CJP for restoring his dignity and security.
Neighbour Dulal Baishya, 80, who has witnessed the horrors of the Assam Movement and decades of communal tensions, expressed gratitude for CJP’s intervention. He also voiced his fears: “I’ve witnessed the Assam movement and its horrors, and I’ve seen communal clashes in Assam over the years. Despite all this, I’ve never considered leaving. Recently, one of my relatives moved to North Bengal. But with the government’s citizenship, eviction, and land rules, I’m worried about my own future. As a common person, I’m scared about how I’ll be able to live in this state.”
A wider pattern of injustice
Sukumar’s case is not isolated. Even 78 years after independence, Bengali-speaking Hindus and Muslims in Assam, especially those from poor and marginalised backgrounds, are still being compelled to prove their citizenship, often decades after their families settled in India.
This case underscores the urgent need for:
- Transparent and fair citizenship determination processes.
- Protection from arbitrary investigations and false reports.
- Recognition that bureaucratic processes should not become tools of exclusion against vulnerable communities.
The complete order may be read here.
Related:
Liberty under Siege: Reclaiming the right to speedy trial from the grip of special laws
Assam government to withdraw ‘Foreigner’ cases against Non-Muslims under Citizenship Amendment Act
Banasha Bibi, Bengali-speaking Muslim woman with disability, declared Indian in CJP-Led Legal Win