Lawyer Moves NHRC Against Alleged Re-Arrest & Detention By Assam Police Of Indians Earlier Declared As Foreigners
An advocate practising in the Gauhati High Court has written an "urgent complaint" to the National Human Rights Commission (NHRC) asking it to take suo-motu cognizance of the "arbitrary re-arrest and detention of Indian citizens and previously released declared foreigners" in Assam by the police as of May 23. The letter further seeks "immediate intervention" by the Commission to prevent...
An advocate practising in the Gauhati High Court has written an "urgent complaint" to the National Human Rights Commission (NHRC) asking it to take suo-motu cognizance of the "arbitrary re-arrest and detention of Indian citizens and previously released declared foreigners" in Assam by the police as of May 23.
The letter further seeks "immediate intervention" by the Commission to prevent the alleged "forced deportation". The complaint alleges that these persons were detained after Assam Police conducted fresh round of arrests and detention, despite these persons having complied with the conditions of release laid down by the Supreme Court back in 2020.
The letter written by advocate A Wadud Aman states:
"We, the undersigned, write to bring to your urgent attention a grave and continuing violation of fundamental and human rights of several individuals in Assam who, despite being Indian citizens or long term residents, were declared foreigners" by the Foreigners Tribunals and detained for prolonged periods-often up to a decade before being released pursuant to directions of the Hon'ble Supreme Court. Shockingly, these individuals are now being re-arrested and detained again as of 23.05.2025, without any fresh violation or breach of the Supreme Court's conditions for release, and now are being forcibly deported - 14 such people have been pushed to No Man's Land between India and Bangladesh - in complete disregard of the Constitution of India and international human rights norms. There are no reports of other detainees who have been picked by Police from across the state".
The letter seeks intervention from the NHRC on points which includes:
- Take suo mnotu cognizance of the arbitrary re-arrest and detention of Indian citizens and previously released declared foreigners in Assam as of 23.05.2025.
- Issue urgent notices to the Chief Secretary, Government of Assam, and Director General of Police, Assam, seeking a status report on the basis of re-arrest, list of detainees, and legal justification.
- Intervene to prevent forced deportation, without due process and judicial oversight.
- Direct the Government of Assam to immediately release those re-arrested individuals who have not violated any conditions of their earlier relcase and restore their liberty.
- Recommend formulation of a humane and transparent policy on dealing with cases of disputed citizenship, in compliance with Articles 14 and 21 of the Constitution.
- Recommend compensation and rehabilitation for individuals unlawfully detained for years and again subjectedto re-arrest without cause.
The letter states that from 2010 several persons in Assam who were declared as "foreigners" by Foreigners Tribunals and were detained indefinitely–several of whom up to 10 years–without being granted bail or proper legal representation.
It states that the Supreme Court, in Writ Petition (Civil) No.1045 of 2018 (Supreme Court Legal Services Committee v.Union of India & Anr.), passed an order dated on May 10, 2019 directing the conditional release of such detainees who had completed more than three years of detention.
Subsequently, in Suo Motu Writ Petition (Civil) No. 1 of 2020, LA, No.48215/2020 and LA. No48216/2020, the Supreme Court in its April 13, 2020 order further reduced the mandatory detention period to two years, permitting release subject to bond, sureties, and biometric submission.
"In compliance with the above orders, hundreds of detainees were released. They complied scrupulously with theconditions of release, including periodic appearances beforepolice stations, and resided with their family members andcommunity in India. However, on 23.05.2025, Assam Police initiated a fresh round of arrests and detentions, taking many of these individuals back to detention centre at Matia, Goalpara, without any violation of Supreme Court's conditional release norms. We now fear their deportation, despite unresolved nationality claims and absence of due process," it adds.
Among claiming violation of Articles 14, 21 and 22, the letter states that the action amounts to violation of Section 483 BNSS as per which bail once granted by a court of law (or pursuant to Supreme Court orders), cannot be set aside unless specific grounds of violation are shown and fresh proceedings initiated.
It further states that forced deportation without proper nationality determination and without exhausting remedies under the Foreigners Act, 1946 and the Citizenship Act, 1955, and without any hearing, amounts to REFOULEMENT, prohibited under customary international human rights law, including the International Covenant on Civil and Political Rights (ICCPR), to which India is a party.