By Abdul Gani, TwoCircles.net
Guwahati: Asma Khatun, 25, had almost given up hope of seeing her husband again, even though he is alive. Her husband Moinal Mollah, 30, he has been kept in a detention camp since 2013 after he was pronounced as an ‘illegal or doubtful citizen’.
But a recent interference of Supreme Court has given Khatun and her kids a ray of hope. Though Mollah’s parents and forefathers are Indians – they have all the valid documents – he has been kept in the detention camp since 2013 after he was pronounced as an ‘illegal or doubtful citizen’.
The Supreme Court has directed the government of India not to deport Moinal Mollah and the issued notice to Union of India and State of Assam in the matter.
Khatun can thank Bagh Hazarika Centre for Cultural Studies (BHCCS), a Guwahati-based organization, for taking up the issue with the Supreme Court.
“Aman Wadud and I rendered the legal service for the justice of the poor man. On October 12, Raju Ramachandran, senior advocate, had argued the matter in Supreme Court which has issued a notice to the Union of India and state of Assam in the matter and also directed not to deport Moinal Mollah,” said Syed Burhanur Rahman.
A division bench of the Supreme Court comprising Justice Bikramjit Sen and Justice Shivkriti Singh admitted the petition.
“I have no words to thank these people of Bagh Hazarika Centre for Cultural Studies. Otherwise, we almost lost hope of seeing my husband again. We are poor people and we don’t have sufficient money to fight the case. There is no body to guide us as well. We were in deep trouble. I’m hopeful that our family will get justice,” said Asma Khatun.
The news, which first appeared in TwoCircles.net on August 23, drew the attention of public to assist Mollah’s case.
Senior journalist and activist Jiaur Rahman said this case was the mere tip of the iceberg. “There are many such cases where people have to suffer just because of their ignorance and may be due to their poverty,” said Rahman.
How did Mollah become a foreigner in his own country?
In 1998 the Superintendent of Police, Barpeta made three reference cases namely Case No. 8225/1998, Case No. 8626/98 and Case no. 8627/98 to the then Illegal Migrants (Determination) Tribunals, Barpeta. On November 6,2003, the IMDT Tribunal, Barpeta declared that father and mother of Moinal Mollah are Indian citizens, based on the land deeds, NRC and other documents required to prove his citizenship.
The IMDT Tribunal did not take up Moinal Mollah’s case then. After this, the IMDT Act was scrapped and the reference case was automatically transferred to Foreigners Tribunal (2nd Tribunal) Barpeta.
Moinal Mollah duly appeared before the Tribunal on several occasions but was wrongly advised by his lawyer that as his parents have already been declared Indian citizen by earlier Tribunal, he need not worry and consequently he is not required to appear before the Foreign Tribunal’. As a result, the petitioner never appeared before the Tribunal thereafter.
The Foreigners’ Tribunal, Barpeta, by its ex-parte judgment and order dated February 16, 2010 held that the petitioner is a foreigner within the meaning of Sec (2) of the Foreigners Act, 1946. The petitioner filed a complaint against his counsel with the Bar Council and also made him a party in the High Court.
Subsequently, the petitioner filed a writ petition in Gauhati High Court, but the High Court on August 1, 2013 dismissed the writ petition ordering to deport Moinal Mollah.
On September 5, 2013 Molla was arrested by police and since then he has been kept at the Goalpara detention camp. The petitioner being aggrieved by the final order of aforesaid writ petition preferred a writ appeal before the division bench of Gauhati High Court.
But the court again dismissed the appeal on March 21, 2014. Moinal Mollah then filed a Revision Petition, which too was dismissed on May 16, 2015 saying that it is time barred without going to the merit of the case.
The fact that Moinal Mollah’s parents and ancestors were citizens of India was ignored. His great grandfather, grandfather and father have voted since independence and their name feature in all voter lists made after the election. However, all these facts were ignored for no known reasons.
Asma says that Moinal Mollah’s grandfather had land documents in his name before independence; annual kheraj patta was issued in his grandfather’s name in 1938. Mollah’s grandfather and father’s names also feature in 1951 National Registration Certificate (NRC).
Is this an isolated case?
What is more worrying that this is not a new or isolated incident in Assam, and that hundred others face a similar fate. In spite of being born in India, some people are tagged as doubtful or illegal citizen and across their names in the voter’s list ‘D’ is marked.
Assam government has formed 500 state police units for detection of illegal immigrants in the state.
Besides, there is another important reason: a section of advocates in the rural areas have been known to take advantage of the illiterate people and demand money, assuring them of solving the problem.
This is the reason why many people do not appear in the Foreigners Tribunal.
According to the government data, there are altogether 1,41,733 doubtful voters present in Assam, out of which 33,944 have been declared as Indian citizens; while the fate of many others hang in balance.
A white paper published by Assam government in October, 2012 says that more than 92% of the resolved cases of ‘D’ Voters have been declared as genuine Indian nationals.
“In most of the remaining 8% cases, the decree was awarded ex-parte or the doubtful citizen didn’t get the opportunity to prove their citizenship due to multiple reasons such as poverty, illiteracy, lack of access to proper judicial services, communication and transportation among others,” says Abdul Kalam Azad, a community worker.