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Hazarika Commission final report on illegal migrants submitted

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Press Trust of India Guwahati
Last Updated : Nov 21 2015 | 7:22 PM IST
There is an "established institutionalised mechanism" which enables a Bangladeshi national to freely come into the country, acquire citizenship and voting rights here and a large scale racket of fake certificates is involved, according to the final supplementary report by Supreme Court Commissioner Upamanyu Hazarika.
The racket "is carried out with the aid and connivance of government personnel" and no offender is brought to book.
As per the certified copy of the report, made available today, "There is one significant fact which emerges from the fact finding undertaken since May 2015 and resulting in the four reports, including the present one, and which is that there is an established institutionalised mechanism which enables a Bangladeshi national to freely come into the country, acquire citizenship rights and more importantly voting rights, which is where their strength lies".
"Fact that it is a porous border (admitted by both the governments), no verification of any person being enrolled as a voter, no verification of any person getting rights over land, rather settling as an encroacher upon government land, forest land and grazing reserves and subsequently conferred land rights with procurement of fake certification being the norm," Hazarika said in the report.
As noted by Gauhati High Court even when such fake certification is detected with great difficulty, no offender who participated in this process is brought to book.
"The confidence which a Bangladeshi national has in his or her ability to establish themselves illegally in India can be understood from Gauhati High Court orders," it said.
The report said Gauhati High Court judgements in the recent past throw light on various nexuses prevalent within the government in providing fake certifications to foreigners not tackled by the government.

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It also showed how a declared foreigner deported to Bangladesh, returns and files a writ petition in High Court to which Government does not file a response for as many as six years.
"This demonstrate the confidence of the Bangladeshi national has in the Indian system to protect his interest.
"It is obvious and apparent from the above judgments that there is a large scale racket in procurement of fake certificates and which is carried out with the aid and connivance of government personnel," the report alleged adding that most of the times, as recorded in the judgments, the forgery could not be detected immediately and further inquiries were directed.
Following the apex court's July 14 order, the report of the one-man commission which has a number of recommendations was filed on October 5.
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The report said Assam government's response was "No
comment" on the Hazarika Commision's recommendation for setting up of an independent inquiry/investigation into the manner in which illegal migrants entrench themselves in the state, including unearthing of nexuses in this connection.
The government response was that it is "A matter under Union Government of India".
On examining electoral rolls for the unnatural increase and growth in population, including entry of new households/ individuals into it suddenly, the Assam government's response was, "The matter is being taken up with the Election Commission of India".
The report further said another government response said, "The decision on demarcating/ identifying a particular stretch from international boundary with Bangladesh into a sterile zone in the riverine areas is a matter under the Union Government."
The Commission said, "The state government does not appear to have taken any decision on its recommendation for relocation of all villagers who either live or have land across the fencing areas towards the international boundary and thereby close the large number of gates on the international fencing".
"I have said in the earlier report that this investigation/inquiry is necessary because it will provide a valuable guide towards the verification of citizenship under ongoing updating of National Register of Citizens," Hazarika said in the report.

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First Published: Nov 21 2015 | 7:22 PM IST

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