A second chance for 27 Assam residents declared foreigners

A second chance for 27 Assam residents declared foreigners has been granted following a landmark Supreme Court ruling that overturned previous determinations made by the Foreigners Tribunal. The decision, delivered by a bench comprising Justices Vikram Nath and Sandeep Mehta, mandates that each case be reviewed afresh, ensuring adherence to constitutional principles of fairness and due process. Noor Jahan and Abdul Jebbar, a 60-year-old woman and her 75-year-old husband from Assam's Morigaon district, spent nearly seven years in a detention center after being declared foreigners by the tribunal in 2011 and 2012 respectively. Their ordeal began when the Foreigners Tribunal issued notices in early 2009, prompting the couple to appear before the tribunal twice. However, due to a communication gap with their lawyer, they were unaware of subsequent hearing dates and eventually failed to attend further sessions. As a result, they were declared foreigners in an ex-parte order, leading to their prolonged detention. The couple was arrested in 2013 and remained in custody until 2020, when the Supreme Court ordered their release on conditional bail amid the pandemic. During this time, they lived in a modest home, with Noor Jahan working as a housewife and Abdul Jebbar serving as a mosque cleric in Tezpur prior to his arrest. Their struggle to prove their Indian citizenship began in 2013 when they filed a writ petition with the Gauhati High Court, which was dismissed four months later. In 2017, they sought assistance from advocate Milan Laskar, who helped them approach the Supreme Court. Laskar confirmed that Noor Jahan's father, Abdul Khalek, was listed in the 1951 National Register of Citizens (NRC) draft, and that the family possessed relevant documentation. Despite these efforts, the couple faced financial hardship, spending over ₹12 lakh on legal proceedings. Family members sold property, livestock, and other assets to cover costs. Their eldest son, Umar Faruk, recounted how two of the five brothers were minors at the time of their parents' arrests and had to abandon education to support the legal battle. The Supreme Court's recent ruling marks a pivotal moment for the 27 individuals whose cases were previously handled by the Foreigners Tribunal. The court emphasized that citizenship status should not be determined through a rigid, technical process devoid of procedural fairness. It directed that all cases be reassessed by the respective tribunals, while prohibiting any coercive measures against the applicants until the proceedings conclude. The judgment underscores the need for a constitutionally compliant process in determining citizenship, particularly for those whose claims have been rejected based on incomplete or misunderstood evidence. While the court did not grant immediate citizenship, it acknowledged the gravity of the issue and mandated a thorough review of each case. The Assam Accord, signed in 1985, recognizes individuals who arrived in the state before January 1, 1966, as Indian citizens. This framework continues to influence ongoing discussions regarding the NRC and the broader citizenship debate in Assam. The recent ruling adds another layer to this complex legal landscape, offering hope to those who have long fought for recognition of their rights.