Gauhati High Court Seeks Assam Government's Response on Detained Brothers

Court Directs State to Clarify Status of Detained Individuals

Guwahati, May 30: The Gauhati High Court has called upon the Assam government to provide information regarding the status of two brothers, who have been labeled as foreigners by a tribunal, and to address concerns regarding their 'arbitrary arrest.'

A Division bench comprising Justice Kalyan Rai Surana and Justice Malasri Nandi issued this directive on Thursday, requesting the state to clarify the situation of Abu Bakkar Siddik and his sibling Akbar Ali, who were apprehended by Nagarbera police in Kamrup district on May 25.

The next hearing is scheduled for June 4.

This case arose from a writ petition submitted by the brothers' nephew, Torap Ali, who expressed fears that his uncles might be unlawfully deported to Bangladesh.

According to the petitioner, the authorities have not disclosed the location of the two men since their summons to the police station on May 25.

During the proceedings, state counsel J Payeng confirmed that Siddik and Ali are currently in the custody of the Assam Border police.

In 2017, the brothers were placed in a detention facility in Goalpara after being declared foreigners by the Foreigners Tribunal, as they could not provide documentation proving their or their ancestors' presence in India prior to the March 24, 1971 cut-off date established by the 1985 Assam Accord.

They were granted bail in 2020 following a Supreme Court ruling that allowed the release of individuals detained for over two years.

The petitioner argued that the two men were denied the chance to pursue all legal options available to them, asserting that their forced removal before a conclusive determination constitutes a violation of their constitutional rights.

Foreigners Tribunals are quasi-judicial entities in Assam tasked with determining whether individuals residing in India qualify as 'foreigners' under the Foreigners Act of 1946, as per the Foreigners (Tribunals) Order of 1964.

These tribunals focus on citizenship issues and the status of foreigners in India, particularly concerning cases of suspected illegal immigration.

The Foreigners (Tribunals) Order of 1964 is applicable throughout the country, but these tribunals are predominantly active in Assam, especially in relation to the National Register of Citizens (NRC) and associated matters. The state hosts 100 Foreigners Tribunals.