In his case, judges JB Pardwala and R Mahadevan said that when a person is declared a foreigner and sent to the detention center, the authorities have to deport the person within two years.
Failing to do so would mean that a person can be issued subject to terms and conditions.
Documents to prove the location and yet citizenship …
But here we know about the case of Khatun.
Khatun’s family is living in Assam before independence. His grandfather and father’s names appear in the 1951 NRC list, his own name is also recorded in the 2018 NRC list.
In addition, the petition filed in his case also shows that their family and their own names have been recorded in voter lists for years and they also have land documents.
Khatun is not literate or educated, coming from a poor socio-economic background. He is dependent on earning from selling his son’s livelihood i.e. dry fish.
Due to the illiteracy of his family, they struggled to understand the importance of the notice sent to them and were not financial resources to immediately attach a private lawyer to fight their case.
His family had to shift to separate villages twice, the second time due to floods from Bilsipara to Matanga and to earn livelihood in 1980.
The petition stated, “The petitioner has a documentary evidence to show that he is a resident of Assam before 25 March 1971, but cannot avail any platform to show it.”
The case comes to pull the Assam government in view of the Supreme Court, which is not to declare individuals in the centers indefinitely and existing them.
Center informed The Supreme Court said on 25 February that the “highest executive level” was considered on the issue of exile of persons declared to foreigners in Assam.
Earlier, however, at 4 februaryA bench of judicials as Oka and Ujjal Bhuyan came down to the people indefinitely for the people in the state, detained to those declared as foreigners.
“.. Are you waiting for something muhurat (Auspicious time)? Once you declare a person as a foreigner, you have to take the next logical step. You cannot detain them for eternity. Article 21 of the Constitution is 21 .. ‘The bench asked the lawyer present for Assam.
First January This year, the Supreme Court also slammed the Assam government for not responding to 270 foreigners at the Matia Transit Camp.