Staff Reporter / New Delhi
The dreadful campaign of state oppression against Muslims in Assam continues with full intensity. Under this campaign, 28 helpless Muslims, including women, were forcibly sent to detention camps yesterday. According to reports, the Foreign Tribunal declared them as foreigners. They belong to the Barpeta district of Assam.
It is surprising that out of the 28 individuals, 12 had their cases decided based on ex parte orders (a legal decision rendered in favour of one party when the other party is absent or has not had the opportunity to participate in the proceedings), which is not just. In contrast, 16 cases underwent legal proceedings. Most of these individuals are uneducated and poor, and they are not aware of legal procedures. In fact, for 12 of these cases, no notice from the Foreign Tribunal had even been received till that time. on the other hand, the Advocates who had dealt some matters are also not serious. They did not properly advise them to handle the cases.
It is noteworthy that these individuals were declared foreigners in 1998. A troubling aspect of this case is that for non-Muslims involved, a formal notification was issued on July 5, 2024, stating that such individuals can be granted citizenship under the Citizenship Amendment Act (CAA). According to the directive, the Border Police were ordered that Hindus, Christians, Sikhs, Buddhists, Jains, and Parsis who entered India before December 31, 2014, can apply for citizenship, and the central government may consider these applications. Therefore, such cases should not be sent to the Foreign Tribunal.
According to reports, individuals from these 28 families were first summoned to police stations from various areas of the district. They were then taken to the SP Office, from where they were forcibly put on a bus and sent to detention camps. It is being argued that notices declaring them as foreigners were sent by the Assam Police Border Branch, and then their cases were referred to the Foreign Tribunal. After several hearings, all of them were declared foreigners. Meanwhile, organizations like All Assam Minorities Students’ Union (AAMSU) and others argue that it is not possible to declare these individuals as foreigners when their family members are Indian citizens.
Expressing his strong reaction to the matter, Maulana Arshad Madani President Jamiat Ulama-i-Hind said that a double standard of law is being applied in Assam, under which Muslims are being subjected to discriminatory treatment. He stated that stripping a citizen of their nationality by delivering a one-sided decision without completing the legal process honestly, and then forcibly sending them to detention camps, is an inhumane act. However, this is what has been happening since the BJP came to power in Assam.
Maulana Madani stated that according to the information received, 12 people were declared foreigners through ex parte orders, meaning they were not given the opportunity to present their case before the Tribunal. On the other hand, for non-Muslims in similar situations, a formal notification was issued stating that citizenship could be granted under the CAA. He questioned how it is possible that other members of the same family are Indian citizens while some members of the same family are declared foreigners. This clearly indicates that there is some flaw in the law, and if that is not the case, then it should be understood that the foreigner law is being misused against a specific community.
He further stated that we requested details from Jamiat Ulama Assam, and our team of lawyers and Maulana Mushtaq Anfar President Jamiat Ulama Assam and his team have reviewed the situation. Based on their legal advice, Jamiat Ulama-i-Hind will soon challenge this decision in the Guwahati High Court. Since this is a humanitarian issue, Jamiat Ulama-i-Hind will fight for justice through every possible legal means. He recalled that when the Guwahati High Court had rejected the Panchayat certificates as evidence during the NRC process, it was Jamiat Ulama-i-Hind that fought this matter vigorously in the Supreme Court and succeeded. As a result, the citizenship of 25 lakh Muslim and 23 lakh Hindu women out of 48 lakh women was saved.
He mentioned that if Jamiat Ulama-i-Hind had not intervened, the decision of the Guwahati High Court could have led to a major humanitarian crisis in Assam. Jamiat Ulama-i-Hind fought this issue on the basis of humanity and will now continue to fight the new issue on the same grounds. (Press Release)