The Guwahati High Court has ordered the Assam government to provide information about the current status of two brothers, Abu Bakar Siddique and Akbar Ali. Both of them were declared ‘foreigners’ by a tribunal and were detained at Nagarbera police station in Kamrup district on May 25. This order was issued by a bench of Justice Kalyan Rai Surana and Justice Malshri Nandi on Thursday. The next hearing has been scheduled for June 4.
The petition stated the threat of alleged illegal deportation of the brothers
This petition has been filed by Torap Ali, the nephew of both the brothers. The petitioner says that the family fears that both the brothers may be sent to Bangladesh illegally without completing the legal process. The petition states that since May 25, the police have not given any information about their whereabouts. State government lawyer J. Payeng told the court that Abu Bakar Siddique and Akbar Ali have been detained by the Assam Border Police.
Legal process and status after being declared foreigners
In 2017, these two brothers were declared foreigners because they could not prove that they or their ancestors came to India before 24 March 1971. This date was considered the last limit under the Assam Accord. After this, they were kept in a detention center in Goalpara. After the order of the Supreme Court in 2020, people who have been in custody for more than two years started getting bail. Under the same, both the brothers got bail.
The petition stated violation of law and rights
The petition also states that both the brothers were not given a full opportunity to take all their legal remedies. If they are sent to Bangladesh without proper legal process, it will be a violation of the fundamental rights given by the Constitution. Foreigners’ tribunals have been set up in Assam to investigate foreign cases which decide whether a person is a foreigner or not. There are around 100 such tribunals functioning in Assam which specifically look into cases related to the National Register of Citizens (NRC).
