What is the Assam government hiding about the detained brothers declared 'foreigners'?
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Synopsis
The Gauhati High Court is demanding the Assam government's transparency regarding two brothers labeled as foreigners. As concerns of arbitrary detentions grow, this case reflects the complexities of citizenship in Assam. With a pivotal hearing set for June 4, the implications of this case could resonate deeply within the community and beyond.
Key Takeaways
- Gauhati High Court demands clarity from the Assam government.
- Brothers face potential illegal deportation.
- Ongoing concerns over arbitrary detentions.
- Foreigners Tribunals play a critical role in citizenship determinations.
- Next court hearing scheduled for June 4.
Guwahati, May 30 (NationPress) The Gauhati High Court has instructed the Assam government to reveal the location of two brothers identified as foreigners by a tribunal. This comes amid rising concerns regarding alleged arbitrary detentions and fears of unlawful pushbacks across the border, as reported by officials on Friday.
A division bench led by Justice Kalyan Rai Surana and Justice Malasri Nandi issued this directive on Thursday while examining a writ petition submitted by the brothers' nephew, Torap Ali.
The petitioner asserted that his uncles - Abu Bakkar Siddik and Akbar Ali - were apprehended by officers from the Nagarbera police station in Kamrup district on May 25, and their family has since been left uninformed about their condition.
The court has set the next hearing for June 4.
Torap Ali claimed that his uncles face the danger of being “illegally pushed into Bangladesh” without having utilized all legal avenues available to them. He argued that the authorities have not provided essential information regarding the brothers' detention.
In response to the petition, state counsel J. Payeng notified the court that Siddik and Ali are presently in the custody of the Assam Border Police. The brothers were declared foreigners by a Foreigners Tribunal in 2017, after they could not provide documentation proving that they or their ancestors entered India before the March 24, 1971, cut-off date set by the 1985 Assam Accord. They were later held at the Goalpara detention camp but were granted bail in 2020, following a Supreme Court decision that allowed the release of detainees who had been in custody for over two years.
The petitioner contended that any attempt to deport the two without a definitive legal resolution violates their fundamental rights as enshrined in the Constitution. Foreigners Tribunals – quasi-judicial entities established under the Foreigners (Tribunals) Order of 1964 – primarily function in Assam to ascertain the citizenship status of individuals under the Foreigners Act of 1946. Currently, the state has 100 such tribunals operating, particularly in relation to the National Register of Citizens (NRC) and related immigration issues.
Point of View
The situation surrounding the detained brothers in Assam underscores the ongoing challenges related to citizenship and human rights in India. The court's involvement reflects a growing recognition of the need for transparency and accountability, aligning with the nation's commitment to uphold constitutional rights. This case could serve as a pivotal moment in addressing arbitrary detentions in the region.
NationPress
11/06/2025
Frequently Asked Questions
What prompted the Gauhati High Court to intervene?
The court intervened following a writ petition filed by the brothers' nephew, who expressed concerns over their arbitrary detention and potential illegal deportation.
Why were the brothers declared foreigners?
They were declared foreigners by a tribunal in 2017 for failing to provide documentation proving their or their ancestors' legal entry into India before the March 24, 1971 cut-off date.
What are Foreigners Tribunals?
Foreigners Tribunals are quasi-judicial bodies established to determine the citizenship status of individuals under the Foreigners Act of 1946, primarily operating in Assam.
