Assam: Hearing in four cases of Assam Sanmilita Mahasangha to begin soon

DOOMDOOMA: The five-member Constitutional Bench of the Supreme Court will start hearing the four cases of the Assam Sanmilita Mahasangha from September 20.

Assam Sanmilita Mahasangha executive president Matiur Rahman, the other petitioners - Santanu Das Barhajowal, former president of Sonwal-Kachari Jatiya Parishad, its former president Jagannath Sonowal, former vice-president of Assam Moran Sabha, Ajit Maran and former president of Tinsukia district committee of Chutia Jati Sammelan, Beda Bora addressed a press meet in this regard at Doomdooma Press Club on Wednesday.

Asam Sanmilita Mahasangha executive president Matiur Rahman said, “For the first time in 76 years of independence, the Constitutional Bench of the Supreme Court will hear the case of the Mahasangha for the protection of indigenous people. The trial will take a final decision on the base year of the Citizenship Register, the base year for identification of foreigners, citizenship of children of foreigners, granting citizenship to legal and illegal foreigners from foreign countries till 2014, protection of indigenous peoples under the UN Charter.”

The four cases - No. 562/2012, 876/2014, 311/2015 and 68/2016 will be heard by the five-member bench of the judges. In case No. 562/2012, the Citizenship Act, 1955 was amended in 1985 by adding 6(a) to include the names of illegal East Pakistani foreigners who fled East Pakistan and were residing in Assam up to March 24, 1971 in the electoral rolls in violation of Articles 5, 6, 14, 21, 29, 355 of the Constitution. The petitioner of this case is Matiur Rahman with Govind Basumatary was co-petitioner.

In case No. 876/2014, Section 6(a) of the Citizenship Act and the addition of Section 4(a) to the Citizenship Act in 2003 regarding the registration of citizenship and issuance of national identity cards have been challenged. According to the rules, illegal foreigners whose names are in the 1971 voters’ list and foreigners who have ration cards, post office receipts, village headman’s certificates etc. can include their names in the Citizenship Register. The main plaintiffs in the case are former president of Sadaou Asam Ahom Sabha, Gyananda Phukan and Sadaou Chutia Jati Sammilan, Tai Khamti Jatiya Sammilan, Sadaou Miching Senior Citizens’ Association, Sadaoú Asam Scheduled Castes Students’ Association, Deouri Sangram Samiti, Sonwal Kachari Sangram Samiti and Sadaou Asam Garo Sahitya Sabha, Sadaou Rava Krishi Sammelan, and Koch Rajbongshi Sangram Samiti.

In case No. 311/2015, challenging the unconstitutionality of adding 3(a) to the Citizenship Act in 2003 to grant the right to citizenship to a child born in Assam even if one of the parents is an Indian and the other is an illegal foreigner. The case has been filed by Dipak Kumar Nath, brother of Assam Movement martyr Rupak Nath and prominent linguist Bishweshwar Hazarika.

In case No. 68/2016, the notification issued on September 7, 2015 amending Foreigners Order 1948 under the Foreigners Act 1946 by adding 3(a) and also amending Rule 1950 under the Passport Act 1920 by adding Rule 4, Sub-rule has been challenged. The notification will grant Indian citizenship to Hindu foreigners from Pakistan and Bangladesh without passports or other travel documents and also to those Pakistanis and Bangladeshis who are in India after the expiry of their passports or other travel documents mentioned.

The plaintiffs in this case are Pranab Kumar Majumdar - former Principal, Tezpur Government Boys’ Higher Secondary School, Dr Biswaranjan Kalita, former Joint Director, Directorate of Health Services, Santanu Das Barhajowal, adviser, Sonowal-Kachari Jatiya Parishad, Mukunda Chandra Goswami, Xatradhikar, Mayamora- Dinjoy Xatra, Dr Jogeswar Bora, chief adviser, Thengal Kachari Jatiya Sangathan, Tulshi Bordoloi, former president, Tiwa Sahitya Sabha, Jagat Kama, former president, Nikhil Rabha Sahitya Sabha and Janaklal Basumatari, former Commissioner, Income Tax Department.

The five-member constitutional bench headed by Chief Justice Dhananjay Yashwant Chandrachud will hear the case from September 20. The other judges are Justices AS Bopanna, MM Sundaresh, JB Pariwala and Manoj Mishra.

“The verdicts in the four cases will determine the future of the indigenous people of Assam,” said Matiur Rahman and added that the trial would take some time and a constitutional judicial system to resolve the issues would put an end to the dirty politics being done by various political parties and organizations on the issue.

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