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Mohammed Sanullah, 52, retired from army in 2017 as HonoraryLieutenant, was arrested and sent to detention centre on May 28, 5 days after being declared as ‘Foreigner’ by Foreigners Tribunal. It was challenged to be ‘arbitrary, perverse and illegal’’ in Gauhati High Court.
Sanullah served the Indian Army from 1987 to 2017, also was a part in Kargil War, 1999. After retirement worked as a Sub-Inspector in Assam Border Police, as per the report filed by Assam Border Police (ABP).
The petition contends that the report submitted by ABP in 2008, states that Sanullah made a ‘confessional statement’ that he is of 50 years old, works as a labour and also, he was born in Dhaka, Bangladesh and came to India for better living for which they got his Left-Thumb Impression (LTI) claiming an ex-army man to be illiterate. As of the evidence submitted by Sanullah, he was on duty in a Counter-insurgency Operation in Manipur on the date when the when he is alleged to have made his statement. Though being stated that the report is false and LTI being forged, still the Tribunal relied wholly on it.
Aman Wadud, lawyer of Sanullah, pointed out that the Tribunal stated Sanullah has no voter ID in1986 even at the age of 20, where only after Constitutional Amendment, 1989 lowered the age from 21 to 18, and the Tribunal has not noted the voters list after 1989.
On May 30, CJI Ranjan Gogoi sent deadline till July 31 for finalizing the National Register of Citizen (NRC) for Assam. There have been several complaints, regarding exclusion of nearly 20 lakh persons in the draft NRC list of July 30, 2018. There is 36.2 lakh claims and 2 lakh objections as of Dec 31, 2018. Last year, an ex-army man, 32 years of service, had approached SC due to exclusion from draft NRC list. Sanullah and his family are also not in the NRC list.
On Apr 9, CJI led-bench pulled Assam Government, that only 4 out of 46,000 declared foreigners by Foreign Tribunal has been deported from 2013 to 2019, and 2000 persons are kept in detention centres. On May 11, the SC ordered to release detenues who have completed 3 years on an execution of bonds.
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