Assam family alleges 2 people illegally pushed back to Bangladesh; Gauhati High Court seeks state's response
The Gauhati High Court has issued a notice to the State of Assam seeking clarification on the whereabouts of two men from Kamrup district, whose family alleges they may have been illegally pushed back into Bangladesh after being detained by the Assam Police on 25 May.
The missing individuals, Abu Bakkar Siddik and Akbar Ali, were declared foreigners by Assam's Foreigner Tribunals (FTs) in 2017. Following them going missing, a writ petition was filed by their nephew, Torap Ali, who claims the two men were taken into custody without being allowed to contact family or legal counsel. He fears they may have been deported or "pushed back" across the international border without due process, reports The Indian Express.
During the hearing on 30 May, counsel for the police informed the court that the two men were currently in the custody of the Border Police. However, the court bench, comprising Justices Kalyan Rai Surana and Malasri Nanda, directed the State, Union of India, Assam Police, and the district administration to clarify the current status and location of the men.
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The petition argues that the alleged "push back" is arbitrary and seeks their release on bail. Siddik and Ali were previously detained in Goalpara jail and released in 2020 following a Supreme Court ruling allowing bail for detainees held for over two years. Although their appeals against the FT orders were dismissed by the High Court, the petition maintains that they have not had a fair chance to challenge the tribunal's findings on merits.
It further contends that the Foreigners Tribunals only declare an individual foreigner if they fail to prove Indian citizenship, without confirming any foreign nationality. Thus, deporting or expelling someone before a conclusive legal determination is made violates constitutional rights, the petition argues.
Senior advocate Hafiz Rashid Ahmed Chaudhury appeared for the petitioner. The next hearing is scheduled for 4 June.
