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Ex-soldier declared foreigner in Assam, Supreme Court asks officers to ensure fair hearing

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NRC Assam

[vc_row][vc_column][vc_column_text]Supreme Court today (Thursday, May 30) pulled up the National Register of Citizens (NRC) coordinator, directing him to ensure fair hearing without cutting short the process of identifying foreigners, a day after a retired soldier from Assam, who had served in the Army for 30 years, was declared a foreigner and sent to detention camp.

Chief Justice of India Ranjan Gogoi told NRC coordinator Prateek Hajela not to rush through the process in an attempt to meet the deadline of July 31, said media reports.

Yesterday, there were media that Mohammed Sanaullah, who retired as subedar with the Corps of Electronics and Mechanical Engineers (EME) of Indian Army in August 2017, was detained to be lodged in a detention centre for illegal foreigners in the state as a Foreigners’ Tribunal (FT) declared him a foreigner.

In his testimony at the FT, Sanaullah said that he had served in insurgency-affected areas of Jammu and Kashmir and the Northeast.

He was declared a foreigner by FT No 2 Kamrup (Rural) on May 23 this year, reported The Idian Express. His family members and lawyer maintain that Sanaullah’s Indian citizenship can be proved easily with the documents of his ancestors, and of that of his employment with the Indian Army. Sanaullah at present works as a sub-inspector with Assam Police’s border wing — a special wing that deals with detection of illegal migrants in the state.

Sanaullah joins a growing list of defence veterans in Assam, who have had to face humiliation and prosecution after being left out of the National Register of Citizens (NRC) draft.

Fifty-one-year-old Sanaullah, a decorated soldier, had participated in several counter-insurgency operations in Jammu and Kashmir and then later in Manipur. He was commissioned as a Junior Commission Officer by the President of India in 2014, said media reports.

Post retirement, he had joined the Assam Border Police as a sub-inspector, the same force that ordered his arrest post the FT’s declaration, reports said.

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Lawyer Aman Wadud, whose firm is in the process of filing a writ petition before the Guwahati High Court against the detention, told The Quint that Sanaullah, a resident of the Kolohikas village in Kamrup district, had gone to the Amingaon station on his own volition after he was informed of the FT’s declaration.

He also said that the Border Police had accused him of being a ‘foreigner’ without a proper investigation. “In the verification report filed by the police, they had written that Sanaullah was a labourer.”

Wadud pointed to another peculiarity in the report, where the fact that Sanaullah had not registered in the 1986 voters’ list is stated as a justification of his declaration as a foreigner.

“They claim that since he was 20 years of age in 1986, the fact that he did not register to vote is proof that he is not an Indian citizen. They, however, overlook the fact that the 61st Constitutional Amendment, lowering the minimum voting age from 21 to 18, was passed in March 1989,” he said.

Police says legally bound to detain all ‘foreigners’

Amingaon Additional SP Sanjib Saikia, meanwhile, said that Sanaullah was detained in accordance with the instructions of the court.

Confirming that Sanaullah has been detained, Additional SP of Kamrup, Sanjib Saikia, told The Indian Express, “The FT declared him a foreigner and we are complying with the law.”

“The thing to understand here is that no one is declared a ‘foreigner’ overnight. The FT did so after due diligence and Sanaullah was required to produce documents to prove otherwise. The police detained him as we were legally bound to do so by the court,” Saikia told The Quint.

On being asked about Sanaullah’s whereabouts and the recourse available to him, Saikia said: “Currently, he is being held at the Goalpara detention centre. He can raise the issue with a higher court to get relief.”

Last year, Sanaullah and his family’s name had been ‘put on hold’ in the NRC draft because of the Boko FT case pending against him.

Speaking to News 18, the veteran had said: “I was told that there’s a pending case against me at the Foreigner’s Tribunal in Boko. I tried to trace the case at the office of the superintendent of police (border), Kamrup Rural, the Foreigners’ Tribunal in Ulubari as well as in Boko, and finally found out from the Boko FT that the case cited concerns about somebody named Md Samsul Hoque of Agchiya Village, Boko. I don’t even know who he is. It’s so misleading,” said Sanaullah.

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“This is harassment of indigenous people. No one in my family has made it to the list. It’s all manipulated. After serving the nation for so many years, this is what I get?” Sanaullah added.

The National Register of Citizens or NRC is being updated for the first time since 1951 to account for illegal migration into Assam from neighbouring Bangladesh.

According to the Assam Accord signed in 1985, anyone who entered the state after 1971 is considered an illegal resident. Rights lawyers say most of those who get penalised are people who come from impoverished families and cannot maintain proper records.

The names of at least 40 lakh people are not on the list and lakhs of them have applied for re-verification.

The latest updation of the list in Assam contains the names of descendants of those whose names were in the 1951 list, or those who were in Assam’s Electoral rolls till March 24, 1971. The descendants of those who can prove citizenship till March 24, 1971, will also be considered Indian citizens. So will those who came between January 1, 1966 and March 25, 1971, and registered themselves with the Foreigners Registration Regional Officer.[/vc_column_text][/vc_column][/vc_row]

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Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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