Petition on indigenous Muslims: Gauhati HC gives Dispur ‘last opportunity’ to respond

Staff Reporter

Guwahati: The Gauhati High Court has granted 'last opportunity' to the state government to file a counter to the writ petition related to the proposal to uplift five indigenous Assamese Muslim communities. The reply is to be filed within four weeks' time from the date of the order on August 28, 2024, failing which 'appropriate cost would be imposed.'

The bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam passed the direction in a public interest litigation (PIL/1/2024) filed by Fazluzzaman Mazumder.

In the petition, the petitioner states that the government of Assam, on July 31, 2021, constituted a cabinet subcommittee to study and prepare a report on the cultural identity of indigenous Assamese Muslims. In the month of December 2021, the cabinet has submitted its report with recommendations for overall development and uplift of the indigenous Assamese Muslim Community.

The cabinet subcommittee has identified five communities living in the Brahmaputra Valley as indigenous Assamese Muslims: (i) Syed, (ii) Goriya, (iii) Moriya, (iv) Desi, and (v) Julha. The Assam cabinet also approved a socio-economic survey of the state's indigenous Muslim population, which will guide the government to take suitable measures aimed at the comprehensive socio-political and educational uplift of the state's five religious sub-groups.

The petitioner states that the mandate of the constitution is crystal clear that the benefit of reservation cannot be granted on the basis of religion. He cited a violation of Article 25-30 of the Constitution of India.

The petitioner also stated that there are two enactments in force to identify the illegal migrant and Indian citizen, namely the Foreigners Act, 1946, and the Citizenship Act, 1955. There is no provision in the statute to define indigenous Indian citizens and immigrant citizens, he pointed out.

The PIL seeks the respondent state government to show cause as to why a writ in the nature of mandamus and/or any other appropriate writ, order, or direction of like nature shall not be issued directing the state government not to mix-up ethnic identity of the Muslims of Assam with religious identity. It also sought a direction not to conduct a proposed socio-economic survey on five Muslim sub-groups to uplift their socio-economic status on the basis of religion. It was also prayed not to identify any sub-group of indigenous Muslim community of Assam, excluding Muslims of Barak Valley. The PIL prayed for declaring the report and suggestion of the cabinet subcommittee on cultural identity of indigenous Assamese Muslims as illegal and unconstitutional.

Moreover, pending disposal of the rule, the petitioner asked the court to direct the respondents not to finalise the proposed socio-economic survey on the indigenous Assamese in the interest of justice.

After perusing the petition and additional documents, the court directed the state government to file a counter to the petition within four weeks' time, at the end of which the next hearing is scheduled.

Also read: District-level committees set up to survey indigenous Muslims in Assam (sentinelassam.com)

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