The Supreme Court has stayed the deportation of four women who have been declared foreigners by Foreigners Tribunals in Assam and are presently lodged in detention centres.
The Bench of Justice Vikram Nath and Justice V Mohan issued notice to the Union Government, the Assam Government and the Election Commission of India, seeking their responses within four weeks.
The Court granted interim protection to Basiram Nessa, Musstt Nureza Begum, Saleha Khatun and Sarbhanu Begum, all of whom have challenged orders declaring them foreign nationals and directing their detention and deportation.
The petitions raise serious questions regarding the appreciation of evidence by Foreigners Tribunals, the treatment of documentary records establishing lineage and citizenship, and the procedural safeguards available to individuals facing proceedings under the citizenship and foreigners law framework.
One of the petitioners, Saleha Khatun, a 50-year-old illiterate woman, has been detained at the Goalpara detention centre since March 2. She challenged the order of the Foreigners Tribunal at Darrang, which declared her a foreigner.
According to her plea, she had produced substantial documentary evidence to establish her Indian citizenship. She claimed to be the daughter of Ahsan Ali and late Korpuljan, whose names allegedly appeared in electoral rolls predating March 25, 1971. To substantiate her claim, she relied upon NRC legacy data relating to her father, voter lists, Gaonburah and Gram Panchayat linkage certificates, family electoral records and the oral testimony of her sister to demonstrate continuity of residence and familial lineage.
Despite this evidence, the Tribunal rejected her claim on December 13, 2018, citing discrepancies in family particulars, age and other collateral details. The Tribunal also discarded the linkage certificates on the ground that the issuing authorities were not examined during the proceedings. The verdict was later upheld by the Gauhati High Court.
Another petitioner, Sarbhanu Begum, an illiterate domestic worker aged around 50 years, was also detained in a detention camp after being declared a foreigner. She claimed to be the daughter of late Mia Hussain, whose name was reflected in electoral records prepared before 1971 in Barkur village of Darrang district.
Her petition stated that she produced documentary evidence along with testimony from independent witnesses to establish her citizenship and lineage. However, the Tribunal rejected her claim largely due to variations in the spelling of her name, which appeared as “Surbhanu,” “Sorbhanu,” and “Saharbhanu” in different records. The claim was further rejected because of a discrepancy relating to her husband’s name in one electoral entry.
The case of Nureza Begum concerned an ex parte declaration made by the Tribunal. She said she was an illiterate woman living below the poverty line and contended that she was denied an effective opportunity to defend herself. According to her petition, after receiving notice, she appeared before the Tribunal and was asked to sign a register. Believing that her appearance had completed the required formalities, she left the proceedings. The Tribunal subsequently proceeded ex parte and declared her a foreign national.
The Gauhati High Court later upheld the order, observing that since notice had been served upon her, she was aware of the proceedings. While acknowledging that she could have sought legal assistance, the High Court held that her own negligence could not be a ground for judicial intervention.
Basiram Nessa, the fourth petitioner, contended that she had produced voter lists from 1965 and 1989 containing the names of her grandfather and father, respectively, along with certificates issued by the local Gaonburah certifying that she was the daughter of Zakir Hussain and later married Osman Gani.
According to her plea, the Tribunal nevertheless concluded that she had failed to establish her relationship with her father and therefore failed to prove her citizenship. She argued before the Supreme Court that the documentary evidence placed on record was not properly considered by the adjudicating authority.
Her challenge has a long procedural history. In January 2020, the Supreme Court had permitted her to approach the Gauhati High Court through a review petition after she alleged complete non-consideration of material evidence by the Tribunal. However, she was unable to secure any relief in the subsequent proceedings.
Taking note of the issues raised by the four petitioners, the Supreme Court has now stayed their deportation pending further consideration of the matter. The matter will be considered further after responses are filed by the Centre, the Assam Government and the Election Commission.
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