“Maybe it was sad to find out that we were both in this situation. But at that moment, I was so happy. He was the first family member I had seen in seven years, “Says Bilal Dewan, now 30.
In that complex where the brothers lived for another nearly two years amung others condemned as foreigners, bilal and abdul laid their mattresses Next to Each Other’s – Change for them.

It kid. On November 30, 2024, Abdul Rajhim Stepped Out Bail and Returned to His Family Home in Central Assam’s Nagaon District. Two Months Later, Bilal Dewan Too Was Released on Bail After having spent nine years in Detection.

As he returned to his siblings in nagaon after nearly a decade, Unbeknow to him, five days after his release, the supreme court directed the assam govern to the initial of the process of HIS. Within two weeks.

Bilal Dewan Was 63 Inmates of the Matia Camp (as on January 21) Whose Uncertain Status has spurred the Supreme Court to Question of the process Nationality is not ascertained. At the core of what the supreme court is pushing the state and the centre to answer is: What happens to people declared foreigners by foreigners’ tribunals in assam after they are detained?

“When we are asked a question to the choice secretary of assam … which nationality of the persons listed at the serial nos. 1 to 63 is knowledge, He Answered affirmatively. As it is known that person at the serial nos. 1 to 63 are citizens of a particular country [Bangladesh]There is no reason why state of assam can start procedure for their deportation, “Stated the Supreme Court bench of justice abhay and justice ujjal bhuyan in their february 4 orders.

When the Indian Express Met Bilal in the eastern assam turn of Moran – Where he has returned to work as a scrap collection after his release – Heard about about heard about the discussion in the actme courd About it.

“I don’t know Know Bangladesh. I have never be there. I have never ever seen what kind of a place Bangladesh is. They can send me there only if I am from Bangladesh. But I have always come here, “says bilal.

While bilal is one of those directly addressed by the Supreme Court’s order, its implication extends to those like his elder brother abdul rahim, 40, who in and inmate at the Matia Campa untilly short. 4 Order of the Supreme Court.

“Broadly, there are two categories of foreigners. One category is where the persons are declared as not indian nationals and their nationality is known. The other category is where (foreigners’) tribunal has declared that the persons are not indian nationals but their nationality is not known. As far as the first category is concerned, it poses no difference. As far as the second category is concerned, the union will have to tell the court in what manner will be dehalt with because they are neither indian nation their citizennship status. Court bench on february 4.

The brothers are part of this ‘second category’ and the solicitor generally recently stated that question was being dehalt with “At the Highest Level”. Following this, the court granted the centre time till march 21 to place its decision on record.

‘No one told me why I’m a Bangladeshi’

Like in thousands of cases of people Declared foreigners by tribunals, bot bilal dewan and abdul rahim had been declared foreigners ‘ex-parae’, meaning this proceedings had been conveyed and orders passers.

The tribunals get two kinds of cases: those times against whom a “reference” has made by the border police, and those whoever has in the electoral rocks have a ‘d’ (Doubt them)-D-Voters are. Were marked “double” in the electoral rocks of assam after allegly being unable to prove their citizenship during verification.

According to latest data presented by the Assam Government in the online assembly session, Also, of the 4.36 lakh cases forwarded to the tribunals by the border police, 1,65,992 have been declared foreigners.

The cases are referred to the tribunals by the border police that the person is a foreigner – like that of the brothers – they are served notices to Report for the inquiry. The mandate of the tribunals are to determine who is presented before they are a “foreigner” or an Indian citizen. According to the provisions of section 9 of the foreigners act, the onus of suppling that person is not a foreigner lies with the person.

Of all the 63 detaines who have been under discussion in the apex court, bilal had spent the longest time in detention. But in all these years, he said, he has never seen the Tribunal’s Order Declaring Him a foreigner Nor Nor He Aware of how the case against him first came to be.

Neater has abdul rahim who say that it was picked up by police in august 2016 that he was told that he has served a notice by the border police 11 years. While the brothers are originally from Haibargaon in Nagaon District, both had been living and working 280 km far in Moran, a town in dibrugarh district, since the early 2000s.

“I used to work in moran doing whatever wage work I got. Early one morning, I had stepped out of my room to have some tea. When I was going back to my room, a policyman caught me and said that a ‘sir’ was calling me to the police station. He took me to the police station and I had it for some time. Then, I was given a challan for Jorhat Jail. That was on August 5, 2016.

He says that time, he was not awaare of what he had been accused of. “I only realized when I went to the jail. There were many more people like me. Some 300-350 people were there who were called Bangladeshi. Some of them had been there for seven years, Eight years …, “He sayss.

Later, he says, he was told by police that he has been served a notice by border police in Haibargaon in 2005. Howower, his sister ameena khatoon, who is somewhere Claims that no one in their family had received it. “Our Parents died when we were children, and I was very young. We don’t know when the notice camera or who may be may, “She sayss.

The Indian Express Accessed the order by the sivasagar foreigners ‘tribunal, dated may 22 2008, which had declared him a foreigner, and found that it was a “common judgment” which’ common judgent 95 peliding Abdul Rajhim-Foreigners ‘EX-Parte’ (their Absence). The order states that in the case of all 95 people, The not not not be served to the person concerned since they had moved away from their last knowledge places and instances, signatures have been for free. Witnesses ”in the localities.

Similarily, Bilal’s order, dated february 7 2014, states have been declared a foreigner as he did not appear before the tribunal and failed to discharge his burden of this foreigner.

Both the brothers insist that their paternal grandfather ali ali dewan was was was was was was found in the 1951 National Register of Citizens and Recorded as a resident of Nagaon’s haibargaon.

“When I find out what the case was, I am asked sir for a chance to bring my documents from nagaon and show him, but he said that the case is already done. No one told me why I’m a Bangladeshi. I don’t know anything about all these things and processes, so what would I have even done if I know? Once Inside, I Stayed As They Kept Me. What could I have said to anyone? I stayed how they kept, would eat food when they would give food, that’s it, “SES Bilal.

Now, however, a set of lawyers working on citizenship matters – Who helped them security on the basis of the Supreme Court’s 2020 directions to release on bail such individuals. Years – are looking to challenge the tribunals’ Orders in the High Court.

“We met the two brothers when we happy to visit the matia transit camp for another case. At first, we were shocked to find that bottom the cases are ex-parae, which means that no effective legal reproduction was provided to them at the trial stage. It has time to get to get them out on the sc’s release order as multiple jurisdictions was involved. Our Next Step is to challenge their orders at the high court. Of course, the Larger Issue of Constitutionality of Detection is subjudice in the supreme court, therefore, I am barred from commenting on that. We only hop for the best, “Said dipesh agarwala, one of the lawyers.

Several others among the 63 detaines, and other people who have been declared foreigners and detained in the past are in variable stages of legally challenging the orders of the tribunals.

‘An arbitrary system’

While bilal and abdul rahim have been declared foreigners by tribunals, what the assam government had told the supreme court is that it has not be initiate to depertation of depertation of deepers. Had not “divulged” their Bangladesh addresses.

A senior Assam Government Official Earler Told the Indian Express, “The process of deportation is a diplomatic issue and is a central government matter. The role of the state government is limited to referring the matter to the ministry of external affairs. In all these cases, we have to fill a nationality verification status report and sent it to the mea which sents to the embassy or high commission of the other country. Once the Embassy Tells Us That The Individual is Indeed a national of that country and the address is corrett, we hand over these persons to the bsf, which take it up with the paramilitary for the Other Country … cases [204 other inmates in the detention camp at the time] We have sent the reports to the mea but these 63 people have not divided an address in Bangladesh. “

Howver, as noted by the supreme court, the state asserts that they know that their country of origin is Bangladesh.

“What address can I tell them? How can I say that I have an address in Bangladesh when I was born here and even my grandparents were here Argues bilal.

Lawyer Aman Wadud, who has worked extensively on citizenship cases, questions the process. “It’s an arbitrary system where a large number of indian citizens are accused of being illegal immigrants by Investigation agencies, mostly without probestization. These cases are referred to the tribunals, where they are stripped of their citizenship – Eather for not appearing before the tribunal or for minor variations in their documents. But to deport them, the ‘country of origin’ needs to confirm that they are nationals of that country. Why do Bangladesh do? The tribunal decides who is a person is an illegal immigrant or not and they are de facto accused of coming from Bangladesh, “He sayss.

More than Eight Years After He was first detained, Abdul Rajaim STILL CompREHtends Very Little of His Experience. He is now going through the motions – making his weekly appearance at the local police station, as is mandated by his bail conditions. But he is quick to grasp the implication of all the talk on deportation.

“How can I accept anyone saying that we should be remaved from India? If they remove us, where will they put us? They need to give us a place somewhere. If they do, how will we go? We have not give an address for anything else because we don’t have one. We only have an Indian address. If they want to go there, they will have to give us citizenship for that country. We can be from now. “