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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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Cockroach Janta Party gives CEC Gyanesh Kumar 48 hours to resign, warns of nationwide protests

Cockroach Janta Party founder Abhijeet Dipke has demanded the resignation of Chief Election Commissioner Gyanesh Kumar within 48 hours, warning of a nationwide agitation if the demand is not met.

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Cockroach Janta Party (CJP) founder Abhijeet Dipke has demanded that Chief Election Commissioner Gyanesh Kumar resign within 48 hours, warning that the organisation will launch a nationwide agitation if he does not step down.

The demand was made during a press conference on Thursday amid a wider controversy surrounding the Election Commission’s handling of electoral-roll-related matters and the ongoing Special Intensive Revision (SIR).

Dipke alleged that the functioning of the Election Commission under Kumar had raised concerns over the electoral process. These claims are allegations made by Dipke and should not be treated as established facts.

What did Abhijeet Dipke demand?

Dipke called for Gyanesh Kumar’s resignation within 48 hours. He warned that the CJP would begin a nationwide protest if the Chief Election Commissioner did not step down within the deadline.

The organisation said the proposed agitation would follow the lines of its earlier protest at Delhi’s Jantar Mantar.

The CJP also raised other demands related to the electoral process, including a halt to ongoing electoral exercises and the Special Intensive Revision of electoral rolls.

Why is CJP demanding Gyanesh Kumar’s resignation?

The demand comes amid a controversy over the Election Commission’s electoral-roll processes.

The demand came amid a controversy over the Election Commission’s handling of the Special Intensive Revision (SIR) of electoral rolls, following a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised questions about the exercise. 

However, the Election Commission has rejected the suggestion that these differences represented a division within the three-member poll panel. The Commission said that differing views, written notes and internal checks are part of its deliberative process and maintained that decisions, including those concerning SIR, were taken unanimously.

What has Abhijeet Dipke alleged?

Dipke has alleged that more than 13 crore votes were deleted from electoral rolls and questioned the reasons behind the deletions.

He also alleged that voter deletions had affected Opposition leaders and referred to several political figures while making his claims.

These figures and allegations were presented by Dipke during the press conference. They should therefore be attributed to him rather than stated as independently verified facts.

Dipke also questioned whether the alleged deletions could affect the political balance in elections.

What happens if Gyanesh Kumar does not resign?

According to Dipke, the CJP will launch a nationwide agitation if the Chief Election Commissioner does not resign within 48 hours.

He said the organisation would continue its campaign until its demand for Kumar’s resignation was met.

The CJP has also announced a broader campaign against the Election Commission, while warning of further protests.

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Rahul Gandhi attacks CEC Gyanesh Kumar, says vote chori leads to kanoon chori

Rahul Gandhi accused the Election Commission of failing to protect voters and linked his “vote chori” allegation to what he called “kanoon chori”.

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Congress leader and Leader of Opposition in the Lok Sabha Rahul Gandhi on Thursday launched a fresh attack on Chief Election Commissioner Gyanesh Kumar and the Narendra Modi government, alleging irregularities in India’s electoral process.

Addressing a press conference in Delhi, Mr Gandhi linked his earlier allegations of “vote chori” with what he described as “kanoon chori”, arguing that alleged manipulation of votes would have consequences for the country’s law-making and institutional systems.

“From vote chori comes kanoon chori,” Mr Gandhi said, arguing that if votes had been stolen, laws and institutional changes made by lawmakers elected through those votes would also be affected.

Rahul Gandhi attacks Gyanesh Kumar

Mr Gandhi specifically targeted Chief Election Commissioner Gyanesh Kumar and questioned the Election Commission’s handling of the electoral process.

His remarks came amid reports of differences within the poll body over the Special Intensive Revision (SIR) exercise. Mr Gandhi referred to reported concerns involving the Election Commission and alleged that questions raised about the functioning of the poll panel had not been adequately addressed.

He also alleged that the Election Commission had failed in its responsibility to protect the vote, which he described as the foundation of India’s democratic and constitutional system.

‘Vote chori’ claim

Mr Gandhi reiterated his allegations of irregularities in elections and said the issue went beyond individual voters.

He argued that the vote gives power to the Constitution, while the Constitution provides the basis for laws and institutions. On that basis, he said alleged destruction of the voting process would have wider consequences for the country’s constitutional system.

Mr Gandhi also questioned what he described as the disappearance of anti-incumbency in elections involving the BJP, comparing recent electoral outcomes with earlier political trends.

He alleged that the 2024 Lok Sabha and Assembly elections had been manipulated. These remain allegations made by Mr Gandhi and should not be presented as established facts.

Attack on Modi and Amit Shah

During the press conference, Mr Gandhi also targeted Prime Minister Narendra Modi and Union Home Minister Amit Shah while making his allegations about the electoral process.

He questioned the role of the Election Commission and its leadership, and called for accountability over what he described as irregularities affecting India’s voting system.

Mr Gandhi said he was presenting evidence for his allegations and maintained that the issue concerned not only elections but also the functioning of democratic institutions.

The Election Commission’s reported internal differences over the SIR exercise formed part of the backdrop to his remarks. The claims made by Mr Gandhi concern his interpretation of those developments and are distinct from established findings about election manipulation.

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Ram Temple donation theft case chargesheet filed, trustees not named

A chargesheet has been filed in the Ram Temple donation-theft case in Ayodhya. The temple trust’s trustees have not been named as accused.

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A chargesheet has been filed in the case involving alleged theft of donations at the Ram Temple in Ayodhya. The chargesheet, however, does not name the trustees of the temple trust as accused.

The development comes after an investigation into several instances of alleged theft of donations at the temple complex. The probe had examined CCTV footage and other evidence related to the incidents.

Chargesheet filed in donation theft case

The chargesheet has been submitted against those accused in connection with the alleged theft of donations at the Ram Temple.

Importantly, the trustees of the Shri Ram Janmabhoomi Teerth Kshetra Trust have not been named as accused in the chargesheet.

The investigation had focused on incidents in which donations were allegedly stolen from the temple premises. CCTV footage was examined as part of the probe into the reported thefts.

Investigation into 105 theft incidents

An earlier investigation had identified 105 instances of alleged donation theft through CCTV footage. The probe examined the incidents and the people allegedly involved in them.

The case had also led to arrests of accused persons named in the FIR. The investigation subsequently examined the role of individuals connected with the incidents.

The filing of the chargesheet marks a further step in the criminal proceedings related to the alleged theft of donations at the Ram Temple.

Trustees not named as accused

The chargesheet does not name the temple trust’s trustees as accused. This distinction is significant because the filing concerns the individuals against whom the investigating agency has proceeded in the case.

The chargesheet will now form part of the legal proceedings, while the matter will be dealt with through the appropriate judicial process.

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