Concerns Over Possible Constitutional Violations

Debabrata Saikia, the leader of the opposition in Assam, has written to External Affairs Minister S Jaishankar. He shared his worries about the state government’s recent actions. These actions involve pushing back undocumented migrants to Bangladesh.

Accusations Against Assam Police

Saikia accused the Assam Police of a crackdown. He claims they violated constitutional rights and due process.

Targeting Specific Groups

Saikia made a serious claim. He said the state’s actions seem to target Muslim communities. This could harm India’s secular nature.

Arbitrary Detentions and Procedural Issues

Saikia stated that hundreds of Indian citizens have been detained since May 23. These citizens were not involved in any citizenship-related legal proceedings. Many have been released, but the detentions show serious procedural issues.

Lack of Transparency

The Nazira MLA added that families were not told about the detainees’ whereabouts. This breaks basic transparency rules.

Forced Pushbacks and Statelessness

Saikia cited media reports. He claimed that several detainees, including women, were forced into no man’s land. This area is between India and Bangladesh. Bangladesh refuses to accept them, leaving them stateless.

Government’s Stance and Actions

On May 10, Assam Chief Minister Himanta Biswa Sarma made a statement. He said that several inmates of the Matia detention centre had been pushed back into Bangladesh. These inmates included Rohingya refugees and undocumented migrants from Bangladesh.

Protecting State Interests

On Friday, Sarma said that the state must protect Assam’s interests. He stated they would expel all illegal immigrants from the state. This is as per the Supreme Court’s directions.

Supreme Court’s Ruling

The chief minister referred to the court’s February 4 ruling. This ruling stated that the state must deport persons declared as foreign nationals.

Specific Cases and Legal Actions

Sarma claimed that persons with pending citizenship cases in courts had not been detained. However, reports suggest otherwise.

The Case of Khairul Islam

On Tuesday, a report revealed that Khairul Islam, a former teacher from Morigaon district, was picked up from the Matia detention centre. His citizenship case was still being heard in the Supreme Court. He was forced out along the Bangladesh border near Assam’s South Salmara district in the early hours of May 27.

Video Evidence

In a video recorded by journalist Mostafuzur Tara, Khairul Islam alleged that he was among 14 persons pushed into Bangladesh by India’s Border Security Force. Islam and the others were reported to be in no man’s land, between the two countries.

Legal Petitions

On Thursday, the nephew of two men from Kamrup district moved the Gauhati High Court. He sought information about his uncles. The two men, Abu Bakkar Siddique and Akbar Ali, were summoned to the Nagarbera police station on May 25.

Aman Wadud, one of the advocates representing them, told Scroll that the authorities have refused to give details of their whereabouts.

Request for Union Government’s Intervention

Saikia said in his letter to Jaishankar that since several cases are pending before the Supreme Court, the detentions and pushbacks are a clear violation of the judicial process. He also alleged that the Assam government’s actions violated international human rights standards.

Contradiction to India’s Stated Position

This action goes against India’s stated position on deportation. Saikia is seeking the Union government’s intervention before more lives are ruined. He urged the state government to make public the number of persons in detention and their respective places of confinement.