SC restores citizenship of Muslim man from Assam after 12 years

Satya Prakash

New Delhi, July 13

Noting that the state can’t randomly suspect people’s citizenship, the Supreme Court has restored after 12 years the citizenship of a Muslim man from Assam who was declared a Bangladeshi national.

Allowing Md Rahim Ali, alias Abdur Rahim’s appeal, a Bench of Justice Vikram Nath and Justice Ahsanuddin Amanullah declared him to be an Indian citizen, setting aside the Gauhati High Court’s November 23, 2015, verdict that had upheld a 2012 order of Foreigners Tribunal, Nalbari, declaring him to be a foreigner.

The high court had affirmed the tribunal’s finding that he failed to discharge his burden under Section 9 of the Foreigners Act, 1946, to prove that he was not a foreigner.

However, the top court reversed the concurrent finding of the tribunal and the high court, saying grave miscarriage of justice had occurred in the case.

“In the present case, though it is mentioned that from inquiry it was revealed that the appellant had migrated illegally to the state of Assam from Bangladesh after March 25, 1971, but nothing has come on record to indicate even an iota of evidence against him, except for the bald allegation that he had illegally migrated to India post March 25, 1971. It is also not known as to who, if any person, had alleged that the appellant had migrated to India from Dori Jahangirpur village, Torail police station, Mymensingh in Bangladesh,” the Bench said in its July 11 verdict.

Noting that it was for the police to provide details as to how they received the information that Ali had come to Assam from Bangladesh, the top court said the record did not show such material was given either to the appellant or the tribunal by the authorities.

Writing the judgment for the Bench, Justice Amanullah said, “In view of detailed analysis, the discrepancy(ies) in the material produced by the appellant can be termed minor. The same were not sufficient to lead the Tribunal to doubt and disbelieve the appellant and the version put forth by him.”

The top court directed that a copy of the judgment be circulated to the tribunals constituted under the 1964 order by the Registrar General of the Gauhati High Court.

Miscarriage of justice

• Allowing Md Rahim Ali, alias Abdur Rahim’s appeal, a Bench of Justice Vikram Nath and Justice Ahsanuddin Amanullah declared him to be an Indian citizen, setting aside the Gauhati High Court’s November 23, 2015, verdict
• The HC had affirmed the tribunal’s finding that he failed to discharge his burden to prove that he was not a foreigner. However, the SC reversed the concurrent finding of the tribunal and the high court, saying grave miscarriage of justice had occurred in the case