Assam man, dead for six years, sent notice to prove citizenship by tribunal

SILCHAR: A Foreigners Tribunal in Assam’s Cachar district has asked a man who died in 2016 to prove his Indian identity. A notice was issued against deceased Udharbond resident Shyama Charan Das by FT-3 of Silchar on March 15 and he has been asked to appear before court on March 30.

The same court closed a case against Das in September 23, 2016, in view of his death. According to the death certificate issued by Assam government, Das died on May 6, 2016, at the age of 74.

After his death, the family produced the death certificate before FT-3, based on which, the case against him was closed by member (judge) BK Talukder.

Talukder in his order dated September 23, 2016, wrote, “OP (Shyama Charan Das, son of Sudhan Ram Das)’s family members have submitted documents which proves that he died in Silchar Medical College and Hospitals on 06/05/2016 during the trial of case (case no. 7582/98). OP was a resident of village Thaligram, Udharbond and he was a doubtful voter. As per records, his father Sudhan Ram Das’s name was found in voters list of 1965 and 1970. As the OP has died, the reference (case) is hereby abated.”

But earlier this year, a fresh case was registered against Das by the border police on suspicion of him being an illegal immigrant and based on it, FT-3 issued the notice against him on March 15, 2022.

In the notice to Das, members of FT-3 wrote, “SP (Border) of Cachar district made a reference to the undersigned to render opinion as per provision of Foreigners (Tribunal) Order, 1964, on the ground that you have legally entered to Assam without any valid document between 01-01-1966 and 24-03-1971 and started residing in Silchar. Whereas the reference reveals that you could not produce any valid document before the police during enquiry/verification regarding your Indian Citizenship within the stipulated period of time, and whereas on the grounds made on the reference, you are suspected to be an illegal migrant.”

“Therefore, you are asked to appear or by a concerned lawyer (engaged by you) before the Foreigner’s Tribunal on 30/03/2022 at 10.00 am to show cause supported by valid documents as admissible to prove that you are not foreigner/legal migrant as required under section of the Foreigner, Act 1946. Upon failure to respond to this Notice on your part, the Tribunal shall proceed to decide the reference ex parte,” the order further read.

SP (border) Ramandeep Kaur said, “There must be a complaint registered against the person, based on which the notice was issued. Local police will investigate the matter further and we’ll submit our report. If the person is found dead, I think case will be dismissed.”

Das’s wife Sulekha Das also lost her Indian identity in an ex-parte order and was kept at detention centre meant for foreigners in April 2018. She was released on bail in April 2020 following an order issued by Supreme Court.

Family members thought that the case against Das has closed and they focused on the case against Sulekha. But on March 16, a team of police officials from Udharbond police station landed at Sulekha Das’s house at Thaligram village and handed the family members the new notice against the deceased.

Das’s daughter, Baby Das said, “I thought we lost our father half a decade ago but the court says he’s alive. In spite of the fact that my father had adequate documents to prove his identity, we struggled with the case for years when he was alive. Now, after his death, we have to appear before court on his behalf. I don’t know how to react.”

District Legal Service Authority (DLSA), Cachar, and social worker Kamal Chakraborty have extended their support to Baby Das. They’ll assist her in collecting documents and presenting the case before FT-3 on March 30.

Chakraborty said, “This shows how ignorant our system is. A dead man has been asked to appear before court based on police’s field verification. It means, police didn’t even visit to the accused person’s house to verify the documents.”

He further said, “This is a wake up call. As per my source, thousands of NRC left-outs are getting notices from Foreigners Tribunals across Assam.”