Retd soldier detained for being a ‘foreigner’ in Assam last month gets bail

Mangalore Today News Network

Assam, Jun 07, 2019 : The Gauhati High Court on Friday granted interim bail to a retired Indian Army Subedar who was declared a foreigner by a tribunal and sent to a detention camp last week, Hindustan Times reported.

Acting on a petition filed by the family, a division bench comprising Justice Manojit Bhuyan and Justice Prasanta Kumar Deka ordered the immediate release of Mohammad Sanaullah, who is at present lodged in a detention camp in Goalpara district.

The court also issued notices to the Centre, the Assam government, the state coordinator for National Registrar of Citizen (NRC) and others including the Assam government official Chandramal Das who had prepared an inquiry report that termed Sanaullah a ‘foreigner’.

“Fantastic news. Courts to the rescue of Army veteran who served India for thirty years and was then declared a “foreigner”. At moments like these proud to be a lawyer, proud of our courts,” tweeted Supreme Court lawyer Indira Jaising, who represented Sanaullah.

The retired veteran is expected to come out of the detention camp on Saturday after completion of necessary formalities. The court hasn’t quashed the earlier order of the foreigners’ tribunal and hearings on the petition will continue.

Also read:No Eid celebrations for family of Assam ex-army man declared foreigner

Sanaullah, 52, who had served the Indian Army for three decades and was posted with the border organization of Assam Police, was declared a foreigner by a foreigner’s tribunal on May 23.

“We all including my mother are very happy with the news about my father. But I think it will take some time for him to get released from detention camp,” said Sanaullah’s daughter Shahnaz Akhtar.

There are 100 foreigners’ tribunals, a quasi-judicial body that adjudicates cases of illegal immigrants, in Assam.

On the basis of an inquiry report by Chandramal Das, an official of the border organization of Assam Police, Sanaullah was served a notice in 2008 to prove his citizenship.

But last week after news of Sanaullah’s detention spread, Das, who has since retired, told news channels that the person whom he had described as a ‘labourer’ born in Bangladesh in his report was not the same person who has been sent to detention camp.

Three witnesses who were named in the 2008 inquiry report filed separate FIRs in Boko police station this week against the retired officer from border organization claiming that they were not present and had not signed the report which named Sanaullah as an illegal immigrant.

At present there are 986 persons in 6 detention camps across Assam. The camps are meant for persons declared foreigners by 100 tribunals, which deal with cases of people suspected to be illegal immigrants either by the border organization or marked D (doubtful voter) in electoral rolls.