Gauhati HC pulls up Assam NRC body: 'How are ineligible persons included in NRC list?'

Pulling up the Assam's National Register of Citizens (NRC) coordinator, a Gauhati High Court bench comprising of Justices Manojit Bhuyan and Soumitra Saikia has asked to it file an affidavit detailing how a section of ineligible persons were included in the NRC final list. The HC bench was hearing a writ petition of one Rahima Begum against a Nalbari district Foreigners' Tribunal order declaring her a foreigner. The order which was pronounced on October 19 was uploaded recently, giving the state body three weeks time to file the affidavit.

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Gauhati HC pulls up NRC body

The High Court asked Assam NRC coordinator to file an affidavit to contain details of all other districts across the state as to how many of those declared ineligible were then included in the NRC. As per reports, Rahima Begam was declared a foreigner by the Foreigners' Tribunal No. 3 of Nalbari district on November 8, 2019, but her name had appeared in the NRC list. The bench noted, 'Such insertion of name is against the law, which is not an isolated case'.

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Deletion of 'ineligible' persons

On October 13, the NRC state coordinator directed the deletion of "ineligible" names from the final NRC as many of them and their descendants were included in the list. Recently, in Assam's 4-day Assembly session, Assam Industry and Commerce Minister Chandra Mohan Patowary said that the state govt favoured 20 percent verification of NRC list in the districts neighbouring Bangladesh and 10 percent verification in other districts. This move has been opposed by The All Assam Minority Students’ Union (Aamsu) in the Supreme Court.

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The final NRC list

On August 31, 2019, the NRC state coordinator's office released the final NRC list. 3,11,21,004 Assam residents have been found eligible, while 19,06,657 Assam residents have been found ineligible. The state coordinator stated that those not satisfied with the outcome can file an appeal before Foreigners Tribunals. Moreover, the state govt assured that those excluded do not become a 'foreigner' and that the state would provide legal aid to needy people excluded by the NRC. Those deemed 'foreigners' by the tribunals will be sent to detention camps. The NRC process under SC's supervision aimed at separating genuine Indian citizens from undocumented immigrants living in Assam, mandating a resident has to prove that they or their ancestors entered Assam before midnight on March 24, 1971.

The final list had disappointed BJP and left most Bengali residents aghast. BJP's Assam Home Minister Himanta Biswa Sarma had alleged that over 5 lakh Hindu Bengalis were excluded from the list and that they would be given citizenship by the state by 2021. Reports estimate that of the 19 lakh excluded -7 lakh were Muslims, which has led to Assam BJP, AASU oppose the process - leading to violent protests. Moreover, the BJP has batted for a nationwide NRC which has been vehemently opposed by most states.

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