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Guwahati HC grants bail to Assam woman declared foreigner CJP had provided her legal aid to challenge the FT Order in HC

13, Apr 2021 | CJP Team

CJP has helped a hapless Assam woman declared foreigner secure bail from the Guwahati High Court. The woman named Chenbhanu Begum had been declared foreigner in an ex parte judgment by an Assam Foreigners’ Tribunal in 2019.

Chenbhanu Begum, wife of Madan Ali, is a daily wage labourer and resident of Fuhuratali village that falls under the jurisdiction of the Sipajhar Police Station in Darrang district of Assam. FT number 4, Darrang, Mangaldai, Assam declared her foreigner via an order dated September 30, 2019, in an ex parte judgement in case No. 275/SPR/2017. However, she has not been arrested so far.

Now that the final NRC has been published, and 19,06,657 people have been excluded from the final list, CJP’s campaign has become even more focused. Our objective now, is to help these excluded people defend their citizenship before Foreigners’ Tribunals. We are also helping secure the release of detention camp inmates as per the Supreme Court order on their conditional release. For this we have already started conducting a series of workshops to train paralegals to assist people at FTs. We will also be publishing a multi-media training manual containing simplified aspects of legal procedure, evidentiary rules, and judicial precedents that will ensure the appeals filed against the NRC exclusions in the FTs are comprehensive and sound, both in fact and in law. This will assist our paralegals, lawyers and the wider community in Assam to negotiate this tortuous process. For this we need your continued support. Please donate now to help us help Assam.

The high court granted her bail and protection from arrest saying, “In that view of the matter, in the meantime, the petitioner, if not already arrested, may not be arrested and deported from India. However, the petitioner shall appear before the Superintendent of Police (Border), Darrang within 15(fifteen) days from today, who may obtain necessary information and documentation as required under the rules from the petitioner for securing her presence. On such appearance, the petitioner shall furnish a bail bond of Rs. 5,000/- (Rupees five thousand) with one local surety of the like amount to the satisfaction of the said authority in the connection with F.T.4th Case No.275/SPR/2017, whereafter, the petitioner shall be allowed to remain on bail.”

The Border Police have also been directed to record her finger prints and biometrics, if so advised and the petitioner has been ordered not to leave the jurisdiction of Darrang district without prior intimation to the police.

Court has issued notice to all respondents. It is returnable in four weeks.

The entire order may be read here:

Related:

EXCLUSIVE: Foreigners’ Tribunal notices pasted on electricity poles in Assam!

CJP helping a daughter secure her mother’s release from Assam detention camp

CJP Impact: 34th person walks out of Assam Detention Camp

 

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