Genuine Indian Citizens are victimised at large by illegally declared as foreigners and high court s

Sanaulla’s case has paved the way to get release of about 1000 detainees at six detention camps in Assam.
It is known to all that there are a number of Bangladeshis infiltrated in Assam since long back but instead of tracing out them the Government of Assam harassing the Genuine Indian Citizens alleging and declaring them as foreigners. This is gross failure of the Govt. of Assam Police (Border) proved in so many cases . Victims who came before the High Court with proper documents and evidences got a little relief but the victim who could reach before the Apex court, got proper relief. However, in none of the cases victim was compensated by the state due to gross fault committed either by police (Border) or by Member of a Tribunal. High Court also remained silent in taking suo-moto action against the erring persons for whose irresponsibility more than 200000 of Genuine Indian Citizens declared as foreigners amongst whom about 1000 are still languishing in different Detention Camps and about 100 detainees breathed their last in Detention Camps.
It is to be noted here that a case of doubtful starts on the basis of a true spot enquiry report conducted either by Border Police of the concerned District or by Electoral Registration Authority while he fails to find out link of a proceedee with his predecessors. Before making reference to the concerned tribunal the officer is required to provide ample opportunity to the procedee to produce oral witness or documentary evidences establishing his Indian citizenship. If the procedee fails to furnish oral witness or documentary evidences establishing his Indian citizenship then the enquiry officer shall prepare a report and to refer the same to the concerned Tribunal obtaining signature or thumb impression on the said enquiry report and disclosing the grounds of his suspect like expiry of validity of passport, availability of foreign coin , foreign goods, documents, etc. The concerned Tribunal being satisfied on the said report shall issue NOTICE to the procedee (ensuring proper service of the notice) disclosing grounds for suspecting him /her as foreigner of a specific country and asking him/her to attend the Tribunal on a specific date with document to establish his/her citizenship and start proceeding accordingly. But factually in no case enquiry officer conducts any enquiry and member of the tribunal sends any notice disclosing grounds of suspect on citizenship. Whenever a proceedee asks the tribunal to furnish the copy of enquiry report on the basis of which he was alleged to be foreigner but tribunal denies to furnish the copy. On several occasions complain was made to the Hon’ble Gauhati High Court against the members of the tribunals for denying supply of enquiry report but High Court remained silent. Fortunately the victim Sanaullah obtained the copy of the so called Enquiry Report said to be prepared one Chandramal Das, former Sub-Inspector of Police (Border) under Boko Police Station of which contents does not tally the fact with Sanaullah and on challenging the same the present Bench of Hon’ble Gauhati High Court applying judicious mind considered the matter and granted interim bail to him. But in other so many cases same principle not been applied.
The Association for Protection of Civil Rights (APCR), a national based NGO, verified a lots of cases but in no case found reference made properly. So, it is expected that if the cases are adjudicated applying judicious mind like the case of Sanaullah, every detainees will get proper relief as they have entitled and justice would be prevailed over inhumanity.

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