The Supreme Court tells an elderly woman held in an Assam detention camp that her case lacks merit, but they will assist her.

The Supreme Court has expressed its intention to assist an elderly woman who has been labeled a foreigner and is currently held in a transit camp in Assam, despite the Court noting that she may not have a strong legal case. The case involves a woman who was detained in October 2023 after a Foreigners Tribunal determined that she entered Assam before the cutoff date of March 25, 1971. Her petition to the Gauhati High Court was rejected earlier this year. A Bench, including Justice J.B. Pardiwala and Justice R. Mahadevan, stated, “We will help you. There is no doubt about it,” while also mentioning, “You have no case on merits. Absolutely none. But sometimes, we must show compassion.” Justice Pardiwala added, “Leave granted. No coercive actions shall be taken against the Petitioner.”

Advocate Talha Abdul Rahman, representing the Petitioner Anowara Khatoon, clarified that she has been in detention since 2023. Justice Pardiwala inquired if she meant the detention camp, to which Rahman confirmed. The Bench then modified the Order, stating, “Grant leave. Issue notice. Returnable in two weeks. We will find a solution. We will get you out of the camp.” The Foreigners Tribunal had issued a notice to Khatoon in June 2019, claiming she entered Assam illegally without valid documents between January 1, 1966, and March 24, 1971, following a referral from the Superintendent of Police. Khatoon argues that the notice was issued without proper consideration, as the Tribunal did not verify if the police’s reference was based on solid and reliable evidence, as outlined in the cases of Sarbananda Sonowal and Ors. vs. Union of India (2006) and Md. Rahim Ali @ Abdur Rahim v. State of Assam and Ors. (2024).

The petitioner and her family faced challenges due to their lack of education, making it hard for them to understand the notice. They also could not afford to hire a private lawyer right away. She pointed out that the notice did not mention any available free legal aid. In December 2019, the Tribunal issued an ex-parte Order, labeling her as a foreigner who entered Assam after the 1971 cutoff date. Later, in December 2023, she was arrested and held at the Transit Camp in Goalpara, Assam. The Tribunal noted that according to Section 9 of the Foreigners Act, 1946, the responsibility to prove whether someone is a foreigner lies with that person, regardless of the Evidence Act, 1872.

In March 2024, the Gauhati High Court rejected a Writ Petition challenging the Tribunal’s Order. The High Court remarked that the petitioner was “fully aware” of the Tribunal’s actions and although she had hired a lawyer in June 2019, she “did not even bother to know about the status of the said case for almost four years” until the Tribunal declared her a foreigner. The High Court determined that the Tribunal’s Order was lawful and did not require any changes.

Cause Title: Anowara Khatoon alias Anowara Khatun v. Union of India And Ors. [Diary No. 49504-2024]