SC issues a notice to the center and the government of Assam on a plea presented by a person declared foreign by the Foreigners Court
NEW DELHI: On Wednesday, it issued a notice to the Center and in a statement presented by a person who was declared a foreigner by him, Assam.
A bench of the Supreme Court of Justice, Judge Deepak Gupta and justice Aniruddha Bose asked the Center and the government to present their response to Azizul Hoque's request.
Hoque has been languishing in detention since March 24, 2017, on the basis of an ex parte order approved by the Foreign Relations Court declaring him a foreigner.
He requested a suspension of the judgment of December 10, 2010 of the superior court of Gauhati together with his order of release.
The petition filed through defender Anas Tanwir affirmed that the name of Hoque along with the other members of his family appears in the draft of the NRC and the only reason for which his citizenship was removed was his inability to present someone to appear in its place before the Foreigners Court.
The petitioner (Hoque) had to remain present before the court during the proceeding because only he could have answered the questions asked. However, as he suffered paralysis of lower limbs, the petitioner was not in a position to appear in court. Foreigners The Court declared that the Applicant was a foreigner through an ex parte order without even considering any evidence that could have raised doubts regarding the petitioner's citizenship. The Court did not seek any evidence or testimony from the State, declared the petition. .
The request for review was also dismissed without taking into account the medical certificate of a government hospital on completely unsustainable land.
Gauhati had rejected the request despite having accepted the medical certificate certifying that Hoque suffered from paralysis in the lower extremities, the motive added.
Neither the court nor the appreciation that Hoque has submitted 'jamabandi' documents on behalf of his grandfather issued by the Deputy Commissioner, Nagaon in the year 1941-42 along with excerpts from lists of voters in 1965 that show his grandfather's name, Grandmother, father and mother, the petition later declared.
Hoque said he also presented the School Certificate, which certified that his birth date would be March 5, 1978 and, therefore, he was an Indian citizen by birth according to section 3 of the Citizenship Law.