Tragic victory: Citizenship restored for Assam’s Sabaruddin after his passing Falsely accused as a foreigner, Sabaruddin Ali won his citizenship case, but passed away before receiving the court’s judgment, leaving his family in financial and emotional turmoil
23, Oct 2024 | CJP Team
A heart-breaking story of injustice has emerged from Assam, where Sabaruddin Ali, a resident of Barbakhra village, was falsely accused of being a foreigner. Despite his unwavering efforts to prove his Indian citizenship, and the eventual victory in court, Sabaruddin passed away before he could receive the judgment that would have cleared his name. His death, just days before the verdict was delivered, has left behind a grieving family and a community devastated by his loss.
Sabaruddin’s ordeal began on February 18, 2022, when a notice was issued to him by the Foreigners’ Tribunal. As per the arguments raised by Sabaruddin, the whole case against him was false, and the investigation was conducted by a negligent Investigation Officer (IO) who submitted a false inquiry report, labelling him a suspected foreigner without following the required procedure. In reality, the IO neither visited Sabaruddin’s residence nor interviewed the supposed witnesses, choosing instead to fabricate statements. This blatant disregard for due process threw Sabaruddin and his family into a long and agonizing legal battle.
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!
With the help of Citizens for Justice and Peace (CJP), Sabaruddin remained determined to prove his Indian citizenship. His legal team, led by Advocates Dewan Abdur Rahim and Johirul Islam, gathered essential documents, including Land Jamabandi records that established his family’s long-standing roots in Assam. These records connected him to his father, grandfather, and other relatives, with evidence of his family’s ownership of land dating back generations. The Assam government’s recognition of the Deshi community, to which Sabaruddin belonged, further reinforced his claim as a native of the state.
After years of legal wrangling, the Foreigners Tribunal (FT) finally ruled in Sabaruddin’s favour, declaring him an Indian citizen. However, the ruling came too late. On July 29, 2024, Sabaruddin tragically passed away before he could hold the judgment letter in his hands.
A family’s struggle for justice and survival
The victory that Sabaruddin fought so hard for became a painful reminder of a life cut short when CJP’s Assam state in-charge, Nanda Ghosh, and Advocate Dewan Abdur Rahim visited his home on October 17 to deliver the court order. His widow was overcome with emotion as she held the legal papers confirming what her husband had always known—that he was an Indian citizen.
Her tears were not only for her lost husband but for the memory of his final moments. She recounted the day Sabaruddin collapsed, overcome by sudden illness. Returning home from the market, he told her he had misplaced 200 rupees, only to later realise he had given the money to her. Moments after making this discovery, he complained of not feeling well and collapsed. The trauma of his sudden death lingers heavily in her heart.
Now, with two young sons aged 11 and 9 to care for, Sabaruddin’s widow has been left to fend for herself. For the past two months and 15 days, she has been selling betel nuts and vegetables to support her family. The loss of her husband has left her struggling not just with grief, but also with the overwhelming burden of financial survival.
The fight against injustice in Assam’s citizenship trials
Sabaruddin’s case highlights the deep injustices faced by many in Assam who are wrongfully accused of being foreigners. His story serves as a powerful testament to the need for thorough investigations and the protection of due process.
The neglect and incompetence of the authorities in his case, particularly the Investigation Officer who fabricated evidence, underscore the challenges faced by Assam’s indigenous communities in proving their citizenship. Though justice was eventually delivered through the efforts of CJP’s tireless Assam team, it came too late for Sabaruddin, leaving his family with a hollow victory.
His widow’s story is emblematic of the ongoing struggles faced by many families in Assam, where individuals who have lived their entire lives in the state are forced to fight for their citizenship. As Assam grapples with the consequences of its citizenship trials, the story of Sabaruddin Ali stands as a sombre reminder of the human toll of such injustices, and the urgent need for reform in the system.
Related:
Assam citizenship crisis: Aadhaar and the shadows of exclusion and administrative labyrinth
