Victory at Last: Micharan Bibi’s citizenship restored after year-long struggle A 73-year-old Assamese woman, wrongfully accused of being a foreigner, secures justice with CJP’s unwavering legal support
27, Feb 2025 | CJP Legal Team
In a victory for justice, 73-year-old Micharan Bibi, a Bengali-speaking Muslim woman from Assam, has finally been declared an Indian citizen after enduring a harrowing year-long legal battle. Her case, emblematic of the challenges faced by countless individuals wrongly accused of being foreigners, highlights both the systemic flaws in Assam’s citizenship verification process and the crucial role played by dedicated legal advocacy.
A victory against injustice
After months of relentless efforts by CJP’s legal team, the Foreigners Tribunal finally ruled in Micharan Bibi’s favour, officially declaring her an Indian citizen. The tribunal recorded evidence on March 14, 2024 and February 15, 2024, during which Micharan Bibi and her witnesses testified. The final arguments were heard on November 5, 2024, and the tribunal delivered its order on December 10, 2024.
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!
The moment she received the judgment, she was overwhelmed with emotion. “I am an Indian, yet they harassed me! For a year, I couldn’t sleep or eat properly, but you always stood by me,” she said tearfully, expressing gratitude to the CJP team for their unwavering support.
To commemorate this hard-fought victory, representatives from CJP’s Team Assam, including Assam State Incharge Nanda Ghosh and legal team members Advocate Dewan Abdur Rahim and Sohidul Hussain, visited Micharan’s home to personally hand over the official order copy. Their presence underscored the significance of this triumph—not just for Micharan, but for all those who continue to face similar challenges.
Who is Micharan Bibi?
Micharan Bibi was born around 1950 to Kasem Ali (also known as Kasem or Kasam Ali) and Daliman Bibi (also known as Daliman) in Salmara Gaon, a village that was originally part of Bijni Police Station but now falls under Manikpur Police Station in Bongaigaon District, Assam (formerly part of undivided Goalpara). She spent her childhood and early years in the same village.
Her father passed away around 1980, followed by her mother’s death in 1981.
In 1971, Micharan Bibi married Abdul Khalek, son of Mahej Sheikh, from Salmara Gaon. After marriage, she moved in with her husband and his family in the same village, where she continued to reside under Manikpur Police Station, Bongaigaon District, Assam.
A nightmare unfolds
Micharan Bibi’s ordeal began when she received a shocking notice from the authorities in 2022, accusing her of being an illegal entrant, a foreigner. This notice came nearly 18 years after the case was registered in 2004, exposing a serious procedural lapse. The notice was also barred by limitation. The initial 2004 investigation was also found on examination to have inherent flaws as several such “preliminary investigations” and “inquiries” have been found to. Reports are often filed without any efforts from the Assam border police of thorough investigation or verification of facts, and the same applied in Micharan Bibi’s case too.
The notice instilled deep fear and anxiety in her, disrupting her daily life and leaving her sleepless and unable to eat properly.
The case against her was fraught with serious procedural lapses. It was Micharan’s claim that the investigating officer (I/O) responsible for verifying her citizenship submitted a fabricated inquiry report without conducting any proper investigation. The officer neither visited Micharan’s residence nor interviewed any witnesses. Instead, the report was based on false statements, making baseless allegations against her. Throughout the process, Micharan consistently denied the accusations, asserting her rightful Indian citizenship.
Team CJP Assam with Micharan Bibi outside her home
CJP’s legal intervention and the fight for justice
Recognising the injustice she faced, Citizens for Justice and Peace (CJP) stepped in to provide Micharan with much-needed legal aid and support. CJP’s legal team of Assam meticulously built her defence, challenging the flawed I/O report and presenting irrefutable evidence proving her Indian citizenship.
One of the key arguments presented by CJP’s legal team was that Micharan’s name appeared on the electoral rolls—an undeniable indicator of Indian citizenship. Additionally, they provided substantial documentary proof, including records establishing her family’s long-standing presence in India. Her parents’ and grandparents’ names were found in both voter lists and land records, reinforcing her legitimate status as a citizen by birth and also of being a permanent resident of Assam.
Moreover, CJP’s lawyers pointed out a significant legal lapse: the case against Micharan was time-barred and limited by delay. Although it had been registered in 2004, she was only served the notice in 2022—an unacceptable delay under the law.
Enduring hardship: A road accident amidst the legal struggle
As if the legal battle was not distressing enough, Micharan suffered a severe setback when she was involved in a road accident while traveling to attend proceedings at the Foreigners Tribunal. The accident resulted in serious injuries to her legs and hands, leaving her bedridden for nearly two months. Her already fragile emotional state worsened as she endured immense physical pain while simultaneously battling the system to reclaim both her identity and dignity.
Details of the order of the Foreigners Tribunal
The Foreigners Tribunal No.1, Bongaigaon, Assam, delivered its order on December 10, 2024, declaring Micharan Bibi, wife of the late Abdul Khalek and daughter of the late Kasem Ali, to be an Indian citizen. This case arose from a reference made under Rule 2(1) of the Foreigners’ (Tribunal) Order, 1964, wherein the tribunal was required to determine whether Micharan Bibi was a foreigner who entered Assam after March 25, 1971. The proceedings were based on the provisions of the Foreigners Act, 1946, under which the burden of proving citizenship rests on the person accused of being a foreigner.
During the proceedings, Micharan Bibi presented fourteen crucial documents in support of her claim of being an Indian citizen. These included an extract from the 1951 National Register of Citizens (NRC) listing her grandfather, father, mother, and aunt, as well as certified copies of voter lists from 1966, 1971, 1997, 2006, 2011, 2015, and 2022, documenting her family’s continuous residence in Assam and her own inclusion as a voter.
Additionally, she submitted her Electoral Photo Identity Card (EPIC), a Panchayat Certificate from the Secretary of No. 4 Nowapara Gaon Panchayat confirming her long-standing residency, and a School Certificate dated March 22, 1994, issued by the Head Teacher of Barbakhara L.P. School, which verified her studies and confirmed her father’s identity as Kasem Ali.
The tribunal examined whether Micharan Bibi had successfully proven two key points: that she was the daughter of Kasem Ali and Daliman Bibi and that her parents were Indian citizens residing in Assam before March 25, 1971. The tribunal relied heavily on her School Certificate, which listed her as the daughter of Kasem Ali of Salmara village, a fact corroborated by the school’s admission register from 1956. Furthermore, voter lists from 1966 and 1971 containing her parents’ names solidified her claim of lineage. The 1951 NRC entry, along with the voter lists, established that her father and mother had been residents of Assam well before the cut-off date, making them Indian citizens. Since Micharan Bibi was their daughter, she too was deemed an Indian citizen by birth. The tribunal also noted that she had consistently participated in elections from 1971 onwards, even after the case had been registered against her, further reinforcing her status as a legitimate Indian citizen.
After considering all the evidence, the tribunal ruled that Micharan Bibi had successfully discharged the burden of proof required under Section 9 of the Foreigners Act, 1946. It concluded that she was not a foreigner and had been wrongfully accused of being an illegal migrant.
This case underscores the systemic failures in Assam’s citizenship verification process, where individuals, particularly from marginalised communities, are often wrongly accused of being foreigners due to procedural errors and fabricated reports. The judgment not only restores Micharan Bibi’s legal identity and dignity but also highlights the critical role of legal intervention in preventing wrongful exclusions. Her case sets a significant precedent for others facing similar challenges under Assam’s Foreigners Tribunal system.
The order can be viewed here.
The broader impact of CJP’s work
CJP’s relentless efforts in Assam have provided a lifeline to hundreds of individuals and families trapped in the quagmire of Assam’s citizenship crisis. With a dedicated network of community volunteers, district-level motivators, and legal professionals, CJP offers paralegal assistance, legal counselling, and full-fledged legal representation to those unfairly accused of being foreigners.
In Micharan Bibi’s case, CJP’s legal team left no stone unturned in their fight to establish the truth. Their dedication ensured that an elderly woman, unjustly branded as a foreigner, was finally able to reclaim her rightful place as an Indian citizen.
Her story stands as a powerful reminder of the ongoing battle for justice in Assam. It exemplifies the impact of committed advocacy in defending the rights of the marginalised and resisting systemic injustices. As Micharan poignantly stated, “I may not be able to give you anything in return, but the Almighty will bless all of you.”
CJP’s work continues, one case at a time, bringing hope to those left vulnerable by a deeply flawed system and reaffirming the fundamental right to citizenship and dignity for all.
Related:
Relentless Pursuit of Justice: CJP’s Advocacy for Citizenship Rights in Assam
CJP triumphs in securing bail for Assam’s Sahid Ali: A step towards restoring citizenship
Tragic victory: Citizenship restored for Assam’s Sabaruddin after his passing
