15 men and women hours from being sent to Bangladesh, families in Assam get the news – from the news

Ali (46) was picked up by police from his family’s home in Dighaliati village in May, during a state-wide drive in which scores of people declared foreigners were detained, and many “pushed back” across the border into Bangladesh. He was sent to the Matia ‘transit camp’, Assam’s designated detention camp to house “illegal foreigners”.

When Jahura Begum learnt that he had been directed to leave the country, the family began frantically making calls to lawyers they had been in touch with since his detention. Their lawyer, M M Rahman, told The Indian Express what he told Jahura Begum – that a case challenging his detention was pending before the Gauhati High Court.

In the last hearing on November 12, the court issued notices to respondents, including the Union Home Department, the state government, the district administration and the police. As per the court order, Ali’s counsel stated that he had been arrested “without any reasons” and that he “has the apprehension that such arrest may be in connection with some Foreigner’s Tribunal case of which the petitioner was never served any notice”.

While the back-and-forth was taking place between Jahura Begum and the lawyer, processes were already underway for Ali’s deportation. At 4 pm on Friday, Nagaon Superintendent of Police Swapnaneel Deka told The Indian Express that the 15 people were on their way to the Indo-Bangladesh border.

“We have not been informed of any ongoing cases about any of these people. Neither have they produced any documents. They have been in holding for several months now, and through this period, have not produced any documents,” he said.

According to the expulsion order addressed to Ali, a Foreigners Tribunal in Nagaon declared him a foreigner in 1991, something Jahura claims the family was not aware of. “It was only after he was taken away by police that we found out about the case and contacted lawyers,” she said.

Debasmita Ghosh, lawyer to another of the 15, Nazrul Islam, aged about 55 and a resident of Chaparmukh, said he too has a case pending before the High Court. The next hearing has been listed for January 28.

According to the expulsion order addressed to him, Islam was declared a foreigner in 2018 by a Foreigners Tribunal. He, too, was detained by police in May.

“He was taken before Eid to the Matia camp. We have no idea where he is currently. We have only seen the news on our phones,” said his wife, Latifa Khatun.

All 15 who have been served expulsion orders had been detained earlier this year. The other families, too, have been scrambling to contact lawyers.

Rupohihat Congress MLA Nurul Huda, meanwhile, raised an alarm over the use of the Act to “deport” individuals. “Among these 15 people is a woman from my constituency, Aheeda Khatoon, who has approached the Supreme Court after the High Court did not give her relief in the FT case. People have to be given time to exhaust all their legal options and not just be told that they will be removed from the country after 24 hours,” he said.

The Act

The IEAA 1950 was a legislation drafted by the Union Government of the time, following pressure from the then Assam government about the need for measures to check migration from then East Pakistan in the years following the Partition.

The Act stated that if the Central government was of the opinion that the stay of any person – who was ordinarily resident of any place outside India and had come to Assam either before or after the commencement of the Act – “is detrimental to the interests of the general public of India or any section thereof or of any Scheduled Tribe in Assam”, it could direct such a person to “remove himself or themselves” from Assam or India “within such time and by such route as may be specified in the order.” It states that the central government can delegate this power to any officer of the Central government or the Assam government.

The formal process of deportation entails a handover to the authorities of the other country after mutual verification that an individual is a national of the other country. Assam Chief Minister Himanta Biswa Sarma claimed that its plan of action under the 1950 Act will also enable it to “bypass diplomatic channels.”

The first known invocation of this Act had been made last month by the Sonitpur DC, who had issued orders directing five people – who had been declared foreigners this year – to “remove” themselves. However, they could not be found at their village, with locals saying they had left years ago.