Assam: Discrepancy in spellings of names leads to detention of 28 Muslims; Arshad Madani to challenge in Guwahati High Court

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By Syed Khalique Ahmed

NEW DELHI: An investigation into the cases of 28 Muslims recently sent to detention camps in Assam has uncovered issues related to inconsistencies in the spelling of their names across various documents. These individuals, from the Barpeta district, have family members who are Indian citizens.

According to an investigation report from the Barpeta district unit of Jamiat Ulama-i-Hind (Arshad Madani), some of the affected individuals were unable to attend their hearings at the Foreigners Tribunals due to a lack of awareness or other issues. Additionally, some were not issued notices at all and were arrested by the border police based merely on notices issued to them.

(Meanwhile, Jamiat Ulama-i-Hind (JUH) President Maulana Syed Arshad Madani has announced to challenge the Foreigners Tribunal’s decision in the Guwahati High Court. The detained include 13 women and 15 men.)

Barpeta District JUH President Mufti Rasheedul Islam Mazahari reported that his team met with family members of those detained in detention centers. These family members presented proof of citizenship to the JUH committee. Among those who provided documentation were family members of Kitab Ali, Ibrahim, Sirajul Haq, Shah Ali, Ainul Mandal, and Zaif Ali.

Family members of Sirajul Haq claimed that he possessed all necessary documents to prove his citizenship but was not issued a notice. Instead, a border police officer reportedly summoned him to the police station and arrested him the following day. Other individuals were first issued notices declaring them foreigners before their arrest. Some could not attend their tribunal hearings due to personal issues, while others faced errors in name spelling that contributed to their being declared foreigners.

Previously, JUH (Arshad Madani) successfully fought the dismissal of citizenship proofs for 25 lakh Muslims and 23 lakh Hindu women during the NRC process. They won the case, thereby preventing a major humanitarian crisis in the state.

JUH has vowed to continue its advocacy on the grounds of justice and humanity. According to JUH, 12 of the 28 Muslims were declared foreigners ex-parte, without being given a chance to defend themselves—a process they argue is unjust. No notice was served to these individuals from the Foreign Tribunal. Of the remaining 16, many are illiterate and impoverished, lacking awareness of legal procedures.

Reports indicate that these individuals were initially summoned to local police stations and then transported to the SP office before being sent to detention camps. They received foreigner notices from the Assam police’s border branch before their cases were formally reviewed by the Foreigners Tribunal.

The All Assam Minorities Students’ Union (AAMSU) argues that these individuals should not be deemed foreigners while other family members retain Indian citizenship. According to JUH, these Muslims were declared foreigners in 1998, along with many others of various faiths.

On July 24, 2024, the Assam government’s Home and Political Department issued a circular instructing border police and district officials not to forward cases of individuals from Hindu, Sikh, Buddhist, Parsi, Jain, and Christian communities who entered India before December 31, 2014, to the Foreigners Tribunals. The circular said that these communities are eligible for Indian citizenship under the Citizenship (Amendment) Act, 2019. The notification directs these individuals to apply for citizenship via the Indian Citizenship Online portal. The police are also required to maintain a separate register for these cases.

Maulana Arshad Madani criticized this approach as discriminatory and a reflection of a dual standard of law. He condemned the practice of stripping citizenship from these 28 Muslims and sending them to detention camps without a fair legal process. Madani attributed these practices to the current BJP administration in Assam and questioned the fairness of declaring some family members as foreigners while others remain recognized as Indian citizens.

1 COMMENT

  1. Don’t give wrong information. There are 1 crore illegal immigrants in Assam and this is just like tiny drop of water in the ocean. These spelling fispelling are all excuses. Why only Bangladeshi miya muslims has spelling mistakes and not others?

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