ASSAM: SERIOUS QUESTIONS ON THE EX-PARTE JUGDEMENT IN THE FOREIGNERS' CASE

The case study of detainee Subhash Chandra Roy in the report of activist Mander would compel anyone to question on the authenticity of the arrests.

Subhash Chandra Roy is locked in the detention centre for last two years. He claims that he was born and brought up in Tamulpur area in Baksa district of Assam. His father Rajani Kanta Roy’s name featured in 1951 NRC. He studied in government school and passed lower primary in 1969 (Even before the cut-off date of 25th March 1971), passed his matriculation and higher secondary course under Assam boards and also took admission in a government college but couldn’t complete his graduation. His name was enlisted in voters list, he got land patta an heir of his father, government provided him the permanent residential certificate (PRC) but he alleged that SP Nalbari wrote in his report that he came from Bangladesh in 1995. His two brothers, his wife and children are still Indian citizen but he was suspected to be illegal Bangladeshi which lands him in detention centre. Mr. Roy is the most educated among all his detainee inmates. When he learnt that a Mission from NHRC is scheduled to visit the detainees, he drafted a letter addressing the Commissioner of NHRC and the same is signed by his detainee inmates. The letter put forwarded the following questions before the NHRC Chairman:

The first point in the letter, questions the process of ex-parte judgment in the Foreigners Cases. The letter asks - under which section of the constitution they are detained without giving them fair chance of proving their Indian citizenship? How on mere suspicion as doubtful citizen someone can be detained for 7-8 years? Why there is no provision for bail in their cases?

The second point the letter raised is the segregation of family members. Once two or more members from same family are arrested, the male members are lodged in Goalpara detention centre and while female and children are lodged in Kokrajahr detention centre. Through the letter, the detainees ask the NHRC Chairman ‘which country’s constitution in the earth separates husband from wife and children from their parents?’

Finally the letter questions the process of the constituting the foreigners case as well as the process of conducting the trial. When the police secretly register cases on genuine Indian citizen of being illegal foreigner and the court decides without hearing to the accused and dump them into detention centre for indefinite time; why the authorities are not punished for their wrong doing? Which human rights is being protected by dumping own citizen into detention centre?

And to add some tinge to the apprehensions, the letter written was in Assamese which doubles our doubt in the natural process of the arrests. The government in this regard should engage in making proper enquiry into the cases of legal citizens detained as foreigners