SC issues notice to Centre and Assam govt on a plea filed by person declared foreigner by Foreigners Tribunal

The Supreme Court on Wednesday issued a notice to the Centre and Assam government on a plea filed by a person who was declared a foreigner by the Foreigners Tribunal, Assam.

A Bench of Chief Justice Ranjan Gogoi, Justice Deepak Gupta and Justice Aniruddha Bose asked the Centre and Assam government to file their reply on the petition of Azizul Hoque.

Hoque has been languishing in detention since March 24, 2017, on the basis of an ex-parte order passed by the Foreign Tribunal declaring him a foreigner.

He sought a stay on the judgement dated December 10, 2010, from the Gauhati High Court along with his release order.

The petition filed through advocate Anas Tanwir submitted that Hoque's name along with his other family members appears in the draft NRC and the only ground on which his citizenship was taken away was his inability to depute someone to appear in his stead before the Foreigners Tribunal.

"Petitioner (Hoque) had to remain present before the tribunal during the proceedings because only he could have answered the questions being put to him. However, being suffering from lower limb paralysis the petitioner was in no position to appear before the tribunal. The Foreigners Tribunal declared the Petitioner to be a foreigner through an ex-parte order without even considering any evidence that may have created doubt with regard to the citizenship of the petitioner. The Tribunal did not seek any evidence or testimony from the State," stated the petition.

The review petition was also dismissed without taking into consideration the medical certificate of a government hospital on the completely untenable ground.

Gauhati High Court had dismissed the petition despite accepting the medical certificate which certified that Hoque suffered from lower limb paralysis, the plea added.

"Neither the tribunal nor the high court appreciated that Hoque had produced 'jamabandi' documents in name of his grandfather issued by the Deputy Commissioner, Nagaon in the year 1941-42 along with voter lists excerpts of 1965 showing the name of his grandfather, grandmother, father and mother," the petition further stated.

Hoque contended that he also produced School certificate, certifying his date of birth to be March 5, 1978, and therefore he was an Indian citizen by birth as per section 3 of the Citizenship Act.