New Delhi (Gurpreet Singh): The Supreme Court has stayed the deportation of four women from Assam who were declared foreign nationals by Foreigners Tribunals and were facing removal from the country.
A Bench comprising Justice Vikram Nath and Justice V. Mohan issued notices to the Centre, the Assam Government and the Election Commission on petitions filed by Basiram Nessa, Musstt Nureza Begum, Saleha Khatun and Sarbhanu Begum. The respondents have been directed to file their replies before the next hearing scheduled for July 16.
In its June 5 order, the apex court directed that the existing status quo be maintained and ruled that the petitioners should not be deported until the matter is heard again.
“Petitioners, if they are in detention, shall not be deported till the next date of listing,” the court observed while granting interim relief.
The petitions challenge orders passed by Foreigners Tribunals in Assam, which had declared the women to be foreign nationals. These tribunals, constituted under the Foreigners Act, 1946, are empowered to determine the citizenship status of individuals suspected of being illegal immigrants.
Under the law, individuals who fail to establish their Indian citizenship before a tribunal can be sent to detention centres pending deportation.
One of the petitioners, Basiram Nessa, told the court that she had produced electoral records from 1965 and 1989 showing the names of her grandfather and father, along with a certificate from the local Gaonburah linking her to her father, Zakir Hussain, whom she claimed was an Indian citizen.
Another petitioner, Nureza Begum, argued that she was declared a foreign national through an ex parte order despite appearing before the tribunal. She stated that she had attended proceedings and was asked to sign a register but was later declared a foreigner without a proper hearing.
Saleha Khatun, who has been lodged in the Goalpara detention camp since March this year, challenged the decision of the Foreigners Tribunal in Darrang district that declared her a foreign national. The Gauhati High Court had subsequently upheld the tribunal’s ruling.
Sarbhanu Begum, a domestic worker, contended that she is the daughter of the late Mia Hussain, whose name appeared in electoral records of Assam prior to 1971. She argued that these records establish her family’s Indian citizenship.
The Supreme Court’s interim order provides temporary protection to the four women while their citizenship claims are examined. The matter will now be taken up again on July 16.
