Assam government will set up 200 additional Foreigners’ Tribunals in addition to the existing 100 FTs in the state.
New Delhi: An updated National Register of Citizens (NRC) is set to be published on 31 August in Assam. There is high chance that several may again fail to make it to the final NRC, as even in the draft NRC over 4 million names were not included. The question now is: what will be the fate of those who will be left out of the NRC? As the date of the final NRC approaches, Assam is in a state of confusion as Government of India is yet to state what will be done with the people whose names do not figure in the list.
Hafiz Rashid Ahmad Choudhury, a senior advocate of Guwahati High Court told The Sunday Guardian that no one can directly deport anyone to Bangladesh as there are provisions to approach the High Court and Supreme Court. “It is not like that if someone’s name is left out of NRC, he will become a foreigner overnight. As per the citizenship (registration of citizens and issue of national identity card) rule 2003, he/she can appeal before the designated Foreigners’ Tribunal (FT) within 60 days from the day they receive the certified copy of the rejection order of the NRC authority. The FTs have to dispose of each case within 120 days. It is important to note that if someone appeals before the FT, the tribunal will call for the NRC record from the district commissioner. After reading the record, if the FT finds merit in it, will notify the appellant. However, this can be contested in the High Court asking on what ground FT dismissed the appeal. It is a complex matter and the clause that the tribunal on its own may dismiss the appeal is being contested in the Supreme Court.”
People who got left out were provided a window to get back in the NRC through “claims and objections” after submitting admissible citizenship papers. People whose names do not appear in the final NRC, will have the right to appeal before the FT and then they will also have the right to approach higher courts.According to NRC officials, “doubtful voters”, “declared foreigner” and PFT (persons with pending cases at Foreigners’ Tribunal) or their children or grandchildren will be exempted from the NRC. “D voter” or “doubtful voters” are those whose citizenship is doubted by the Election Commission and their cases are referred to the Border Police, whose task is to detect and identify illegal foreigners.
In view of the anticipated pressure in disposing of the cases of people excluded from the final NRC, the Assam government has decided to set up 200 additional FTs in addition to the existing 100 FTs in the state.
Speaking to The Sunday Guardian, Professor Basanta Deka, ideologue of the All Assam Students’ Union (AASU) for more than 40 years, said, “AASU cannot detect, delete and deport foreigners. Deportation is the responsibility of government. The detection part is going on under the supervision of the Supreme Court. Next step will be the Election Commission deleting the names that are not included in the NRC.”
As per news reports, 30 illegal immigrants were handed over to Bangladeshi authorities through the Kushiyara Ghat border check post in Assam’s Karimganj district on 24 July.
Earlier, answering to a question by Asom Gana Parishad legislator Ramendra Narayan Kalita, Assam Parliamentary Affairs Minister Chandra Mohan Patowary said that FTs had identified an altogether 117,164 foreigners until 3 March this year and around 29,855 foreigners were expelled since 1985 and until 30 June 2019.
According to Hafiz Rashid Ahmad Choudhury, a person who has a place of origin can only be deported to the place he/she belongs. “There is a misconception circulating that those who have been deported have accepted that they came from Bangladesh and in cases where they are excluded from NRC are denying that they belong to Bangladesh. Now since everyone is saying that they are Indian citizens, if someone is found to be a foreigner then where will we deport them? Will they end up in detention camp for life?” Choudhury asked.
However, the Bharatiya Janata Party is determined to save all Hindus whose names get excluded from the NRC, by using the Citizenship Amendment Bill (CAB), which will give citizenship to non-Muslims from Bangladesh, Pakistan and Afghanistan on the ground of religious persecution. Rajdeep Roy, BJP MP from Silchar told The Sunday Guardian that out of around 40 lakh excluded from the draft NRC, around 36.5 lakh have reapplied for inclusion in NRC. “Obviously not all of them will find place in the final NRC and they will be broadly divided into either Hindus or Muslims. BJP has categorically said that people who have come from other side of the border, be it Pakistan, Afghanistan or Bangladesh, because of religious persecution have the right to be protected by Indian laws. BJP, since its inception, is of the opinion that these people are victims of religious persecution and hence they need to be protected.” Roy said.
Speaking about what will happen to people being left out of NRC, he said, “BJP wants the passage of the Citizenship Amendment Bill as early as possible so that the Hindus are protected. As far as the rest of the people who are not part of religious minority in countries like Pakistan, Afghanistan and Bangladesh, the Centre has to form a law or international treaty with those countries and as per international norm deal with those people.”