Mamata, Himanta politically escalate citizenship row, ignoring legal recourse

For septuagenarian Nishikanta Das, life has never been this uncertain. A work trip to Assam three decades ago has returned to haunt him, casting doubts on his Indian citizenship.

A Foreigners’ Tribunal (FT) in Assam's Kamrup district has revived a decades-old police case that had questioned the nationality of Das, a resident of West Bengal's Cooch Behar district that borders Assam.

So far, Das and four other persons in Bengal have been served notices by Assam’s FTs. The development has raised questions about the motive, particularly when the Assam government has shown little interest in implementing the National Register of Citizens (NRC) that was designed to identify foreigners in the state.

Foreigners’ Tribunals are quasi-judicial bodies established to determine whether individuals residing in Assam are Indian citizens or foreigners. They were set up under the Foreigners Act of 1946 and the Foreigners (Tribunal) Order of 1964.

Just as importantly, how the Mamata Banerjee government in West Bengal is addressing the issue is under the scanner. Rather than going for legal redress, the Bengal government is going for political posturing and rhetoric.

Village official gets notice

The latest person to get the notice is an elected official – Binama Barman, Pradhan of Hazrahat-II gram panchayat under Mathabhanga-1 Block in Cooch Behar.

Barman has been summoned to appear before a tribunal in Assam’s Nalbari on August 27 to validate the residency documents issued by the Hazrahat-II panchayat to Minati Roy, a village resident who had moved to Assam 40 years ago post-marriage. In 2015, Minati Roy had received an NRC notice and obtained certificates from the panchayat to prove her citizenship.

The Assam FT also issued an NRC notice to Uttam Kumar Brajabasi, a member of the Rajbanshi community, residing in Dinhata, Cooch Behar, for over 50 years.

Also read: NRC notice by Assam tribunal issued to West Bengal resident, alleges Mamata

Two notices that The Federal accessed — served to Nishikanta Das and Uttam Brajabasi — contain glaring omissions. Neither of them specifies the grounds for suspicion, with the one issued to Brajabasi not even mentioning the case’s number or date. Das’s case dates back to 2001.

The duo were accused of illegally entering Assam “without any valid documents” between January 1, 1966, and March 24, 1971.

Also read: Assam: Is BJP keen on politicising Bangla 'infiltration' rather than fixing it?

Das said he visited Assam some 30 years ago in search of work, but did not remember the exact year. He also said that during his stay there, he was detained by the local police once on suspicion of being a Bangladeshi national. “I was released after producing valid identity documents,” he recalled.

Summoned by tribunal

Interestingly, Brajabasi, also a resident of Cooch Behar who works as a marginal farm labourer, claimed to have never visited Assam before receiving the notice.

Two others, Dipankar Sarkar and Mamina Bibi, had stayed in Assam at some point in time.

While Sarkar worked as a carpenter in Guwahati for about a decade, a case was registered against him in 2015 on suspicion of being a Bangladeshi.

Also read: Why SC upholding 6A of Citizenship Act is a blow to BJP govt in Assam

Bibi, on the other hand, travelled to Assam after marrying one Azimuddin Miyan, a resident of Assam’s Dhubri district. It was 40 years ago. After a year, she came back as her husband gave her a divorce.

All of them had been asked by the tribunals to appear before them with relevant documents, failing which an ex parte order would be issued.

Das and Brajabasi claimed to have appeared before the tribunals where they were asked to produce some legacy documents, such as voters’ lists bearing the names of their respective fathers.

TMC comes to 'rescue'

However, both have decided not to pursue the case further, ostensibly following assurances given by Bengal’s ruling Trinamool Congress (TMC).

Also read: Assam makes NRC application must for new Aadhaar applicants

“Already, we took a loan of Rs 50,000 to travel to Guwahati and hire a lawyer. The TMC leaders have assured us now that nothing will happen to my husband and that we need not bother about the case. He is not going to appear before the tribunal again,” Brajabasi’s wife told The Federal over the phone. Her husband was out at work.

Das claimed to have procured documents to establish that his late father was a bona fide Indian voter. He, however, decided against submitting it before the tribunal.

The duo recently attended a TMC protest against “harassment of Bengalis” in the states ruled by the BJP, which includes Assam.

Mamata slams Assam govt

Bengal Chief Minister Mamata Banerjee questioned the motive of Assam's Himanta Biswa Sarma government over the issue.

“This is nothing short of a systematic assault on democracy. It is proof that the ruling BJP dispensation in Assam is attempting to implement NRC in Bengal, where it holds no power or jurisdiction,” she said in a recent post on X.

Both states will hold their respective Assembly elections in 2026.

Fazluzaman Mazumder, a lawyer in Guwahati, has a different take on the issue. He said instead of looking out for foreigners in a neighbouring state, the Assam government should first implement the NRC prepared after a rigorous identity-verification process.

Also read: Kargil War veteran’s family in Pune harassed to prove citizenship

The final list of Assam's NRC excluded the names of over 19 lakh applicants. But the Assam government has not implemented it, allegedly to keep the foreigners’ issue alive.

Regardless of the motive or otherwise, legal experts say, the FTs are well within their rights to issue such notices, leaving the alleged suspects with little choice but to clear their names legally.

'FTs well within rights'

The FTs are Assam-specific quasi-legal bodies established under the Foreigners Act of 1946 and the Foreigners (Tribunal) Order of 1964 to determine whether individuals residing in the state are foreigners, especially those suspected of illegal immigration.

“If an ex parte order is issued declaring these persons as foreigners, they may face legal consequences,” said Sishir Dey, a former member of an FA in Assam.

He said the tribunal would inform the concerned officials, including the superintendent of police and deputy commissioner/district magistrate, who in turn could either directly forward it to the West Bengal police to arrange for their deportation or could approach the Union Home Ministry to execute the same.

Watch: Decoding SC verdict on Assam Accord: What it means for the state?

“To offer confidence and protection to its citizens, the West Bengal government should provide them with legal aid, and consider administrative measures, such as issuing permanent residence certificates, to help establish their citizenship in any court of law,” Dey added.

Legal route is key

The West Bengal government's role in addressing these serious matters is not very positive, observed Kiriti Roy, founder-secretary of Manabadhikar Suraksha Mancha, a human rights organisation in the state.

Stating that politicising the issue would not serve the interests of poor individuals whose citizenship is under scrutiny, Roy suggested that the TMC government should pursue legal remedies and other constitutional measures available to it. “The government could at least move the Supreme Court against the drive,” he added.

At the moment, the TMC is not too keen to pursue the legal route.

“As of now, we have decided to fight the issue politically. We are not thinking of any legal measures at this juncture,” said Mukul Bairagya, chairman of the West Bengal Namasudra Welfare Board and president of the Trinamool Udbastu (refugee) Cell.