1

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION
Writ Petition (Civil) No. 562 of 2012
(Under Article 32 of the Constitution of India)
IN THE MATTER OF:
Assam Sanmilita Mahasangha & Ors. Etc.

Petitioners

Versus
Union of India & Ors.

Respondents

SUPPLEMENTARY REPORT IN TERMS OF ORDER

DATED 14.07.2015 BY THIS HONBLE COURT
MOST RESPECTFULLY SHEWETH:
Pursuant to order dated 14.07.2015, report has been filed
before this Honble Court on 05.10.2015, which report was
taken up for consideration by this Honble Court on
06.10.2015.

After the filing of the report, response was

received from the Government of Assam on the issues raised

in the said report on 14.10.2015 by e-mail, attaching a
response dated 05.10.2015 of the Commissioner and
Secretary, Home and Political Department, Government of
Assam.

Furthermore, representations have been received

from some lawyers from the Guwahati High Court as well as

other organizations and inform from Members of the
Foreigners Tribunal on certain issues, requesting that they be
placed before this Honble Court.

Various responses /

the first two reports dated 05.06.2015 and 20.06.2015 were

outlined in communication dated 11.08.2015 addressed to
both the Central and State Governments by letter dated
11.08.2015. The eleven issues are already set out in pages 2
and 3 of the report dated 05.10.2015 and the letter dated
11.08.2015 is available at page 62 of the said report. Copy of
the response dated 05.10.2015 from the Government of
Assam is enclosed herewith and marked as Annexure-1. The
response of the Government of Assam on the various heads is
set out hereinbelow, in respect of each recommendation.
(i)

Issue -

Demarcating/ identifying a particular stretch

from the international boundary into a sterile zone in the

riverine area, provision of identity cards to villagers in
this area.
Response - The decision on demarcating/ identifying a
particular stretch from international boundary with
Bangladesh into a sterile zone in the reverine areas is a
matter under the Union Government. The villagers in
the border areas are already having photo identity cards
issued by the Election Commission of India. However,
more dependable identity cards could be issued after
the ongoing updation of National Register of Citizens is

Response - Regarding shifting of cattle haats 20 KMs

from the international border, the Deputy Commissioner,
Dhubri has already taken steps to shift these haats to 8
KMs from the international border and the matter has
been taken up now with the concerned local bodies to
shift these haats to 20 KMs from the international
border.

In Karimganj district, there are no such big

cattle haats within 20 KMs from the international border.

(iii)

Issue - Addressing vulnerable patches in areas where

international boundary runs through middle of the river /
or takes a zigzag route.
Response- Addressing the vulnerable patches in areas
where international boundary runs through middle of the
river/ or takes a zigzag route is a subject matter of the
Union Government.

(iv)

Issue - Relocating villagers across fenced areas and

closing the gates.
Response- The viability of relocating the villagers
across the border will be explored in discussion with the
Government of India.

The Deputy Commissioners of

the bordering districts are undertaking preliminary

(v)

Issue - Plugging vulnerable patches of bridge and

culvert areas.
Response-Plugging vulnerable patches of bridge and
culvert areas is being taken up by the PWD, Assam and
will be completed within this working season.

(vi)

Issue - Providing regular electricity connection to flood

lights and ensuring uninterrupted power supply. Giving
priority to border roads and flood lights.
Response- For providing regular electricity connection
to the floodlights and ensuring uninterrupted power
supply, the Assam Power Distribution Company Limited
has been asked to expedite the ongoing works and they
have submitted a report with timeline to complete the
project. Copies of report are attached.

(vii)

Issue - Increasing manpower strength of effective

ground personnel.
Response- Increasing manpower strength of effective
ground personnel is a subject matter of the Union
Government.

(viii) Issue - Implication of non lethal policy.

(ix)

Issue - Setting up of an independent inquiry /

investigation into the manner in which illegal migrants
entrench themselves in the State, including unearthing
of nexuses in this connection.
Response- Regarding setting up of an inquiry/
investigation on illegal migrants: No comment.

(x)

Issue - Examining electoral rolls for un-natural increase

and growth in population, including entry of new households / individuals into the electoral roll suddenly.
Response-Regarding examining the electoral rolls for
unnatural increase and growth in population, including
entry of new households/ individuals into the electoral
roll suddenly, the matter is being taken up with the
Election Commission of India.

(xi)

Issue

Necessity

for

independent

inquiry

and

investigation into the manner in which foreigners

illegally acquire citizenship and citizens rights is
important as in the ongoing NRC process it will also
enable and assist in the verification of the documents
and citizenship of a large number of illegal migrants who
are applying for citizenship.

foreigners illegally acquire citizenship is a matter under

Union Government of India.
OBSERVATIONS:
(a)

The stand of the Government of Assam, overall is that

all the issues are the primary concern of the Central
Government barring the provision of regular electricity
connection, it is with this caveat that responses to
queries are furnished by and large the responses are in
line with what was conveyed during discussion with
District Administrations of Dhubri, Karimganj and Silchar
and it is the new and additional responses which are
being dealt with in the subsequent paragraphs.

(b)

As regards the recommendation regarding relocation of

all villages who either live or have land across the
fencing areas towards the international boundary and
thereby close the large number of gates on the
international fencing, the answer is very carefully
worded.

The response says that the viability of

relocating the villagers across the border will be

explored in discussion with the Government of India,
though it is thereafter said that the concerned Deputy
Commissioners

are

undertaking

preliminary

(b) As far as provision of regular electricity connection is

concerned timelines have been provided for completion
of work in both the sectors, which reports have already
been

furnished

05.10.2015.

But

alongwith
nothing

the
has

earlier
been

report
said

of

about

uninterrupted power supply, infrequent power supply in

these areas is the norm, rather than the exception and
for border floodlights, uninterrupted power supply is a
necessity.
(c)

Interestingly, on one of the fundamental issues

regarding Issue No. (ix) for setting up of an independent
inquiry / investigation into the manner in which illegal
migrants entrench themselves in the State, including
unearthing of nexuses in this connection the response is
a simple No comment. Considering that factual data
in terms of overall demographic change furnished in the
representation enclosed with the earlier report shows
proliferation

of

a large number of non- Indians to

borrow a description from the respondents own official

communications regarding encroachers, this response
is surprising.
(d)

As regards issue No. (x) relating to Examining electoral

matter is being taken up with the Election Commission

of India.
The State Government has not disclosed as to the manner in
which the matter has been taken up with the Election
Commission regarding un-natural increase in voters.

Any

sincere attempt in this regard would require taking the pre

24.03.1971 electoral rolls as the basis for any polling station
and thereafter examination on a year to year basis as to the
additions in terms of new households or sudden inclusion of
someone far beyond the qualifying age to be a voter as a
member of the household.

It is important to note that

increasing voters in urban polling centres is attributable to

rural urban migrant a regular phenomenon in this country. But
increase in voter by addition of new household / or suspicious
new family members of the same household in rural areas
will be a ground for investigation as to the antecedent of the
nationality of such new voters.
The State Government therefore needs to be more explicit as
to the manner it is taking up the issue with the Election
Commission.
In the earlier report of 05.10.2015 representation made by Shri
Indrajit Barua has enclosed study carried out in respect of

increase in the range of 80% to 2135% in the number of new

entrants into the electoral rolls. Considering that entry of a
new household entered in electoral rolls after 24.03.1971 or a
new voter far beyond the qualifying age into an existing
household will raise doubts about their nationality, focus
should therefore be laid on such new entrants while
investigating the nationality.

To take an illustration, if a household is shown as having

entered into the rolls for the first time in 1985 and it is not
there in 1980 the previous electoral roll, then its absence itself
raises doubt about the nationality of the members of this
household. Furthermore, if an elderly member of the
household suddenly makes an appearance in the electoral roll
at the age of 30 and above, this itself will raise doubts about
the nationality.
(e) As regards Issue No. (xi) regarding necessity for independent
inquiry and investigation into the manner in which foreigners
illegally acquire citizenship and citizens rights is important as
in the ongoing NRC process it will also enable and assist in
the verification of the documents and citizenship of a large
number of illegal migrants who are applying for citizenship. In
response the Government of Assam is very categorical in

10

It is, therefore, now for the Central Government to respond as

to whether it has taken any decision regarding setting up of an
independent inquiry and investigation into the manner in which
foreigners illegally acquire citizenship.
I have said in the earlier report that this investigation/ inquiry is
necessary because it will provide a valuable guide towards the
verification of citizenship under ongoing updating of the
National Register of Citizens.
Considering the fact that the entire population of Assam has
by and large applied for inclusion in the National Register of
Citizens, which will include a large number of foreign
nationals, the result of this exercise will prove valuable guide
for shifting citizens from foreigners.
B. Representation

from

two

practising

Advocates

of

Guwahati High Court

Mrinmoy Khataniar, Rinku Hazarika two practicing advocates
of the Guwahati High Court have made a representation dated
28.10.2015 to be placed before this Honble Court in respect
of a direction given by this Honble Court in Sarbananda
Sonowal vs. Union of India (2005) 5 SCC 665, which has
not been complied with. There are two aspects highlighted in

11

reference to adjudication was illegal and the complaints

rejected by the Screening Committee, were directed to be
proceeded a fresh. According to the representation this
direction has not been complied with and around 2,82,000
persons against whom complaints have been made, but
rejected by the Screening Committee have been let off.
Secondly, there is no mechanism in place by the Government
of Assam through which orders rejecting complaints by the
Foreigners Tribunal can be scrutinized for the purposes of
challenging the same. If a complaint is dismissed, there is no
mechanism or process by which the State Government
challenges the order of the Foreigners Tribunal.
Firstly, under the IMDT Act regime, a Screening Committee
had been set up to screen complaints made against
suspected foreigners on which

wide power of rejecting

complaints was vested, against which no appeal lies, referred

to in paragraph 47 of the said judgment, extracted in the
representation. In paragraph 5 of the judgment reference has
been made to the counter affidavit of the Central Government
from where it could be noticed that out of 3,62,592 complaints
inquiries referred to the Screening Committee, only 76,228
were referred to the Tribunal constituted under the IMDT Act,

12

This Honble Court in paragraph 83 held the very constitution

of the Screening Committee to be illegal with the categorical
finding

that the Screening Committee had no authority or

jurisdiction to reject any proceeding against any alleged illegal

migrant, the order of rejection passed by such authorities are
declared to be void and non est in the eye of law. It will be
open to the authorities of the Central Government or the State
Government to initiate fresh proceedings against all such
persons whose cases were not referred to the Tribunal
constituted under The (Illegal Migrant

Determination by

Tribunal) Act, 1983 by the competent authority whether on

account of the recommendation of the Screening Committee
or any other reason whatsoever.
This has been followed up by a direction at paragraph 84 in
the following terms:
(4) it will be open to the authorities to initiate fresh
proceedings under the Foreigners Act` against all such
persons whose cases were not referred

to the

Tribunals by the competent authority whether on

account of the recommendation of the Screening
Committee or any other reason whatsoever.
These complaints relating to 2,86, 364 enquiries have
therefore not been proceeded and the Assam Government

13

Government to decide whether to challenge against any order

of rejection of the complaint. The relevant extract from the
representation is extracted herein below:

Initially 36 Tribunals under the Foreigners (Tribunals)

Order, 1964 framed under the Foreigners Act, 1946
were functioning.

Considering the enormity of the

problem the number of Tribunals were found to be

wholly inadequate.

Following the intervention of the

Honble Supreme Court, the number of such Tribunals

have been increased to 100. Now 100 Tribunals are
functioning. Against orders of the Tribunal holding the
proceedee to be a foreigner, the declared foreigner
approaches the High Court under Articles 226/ 227 of
the Constitution.

However, against decisions of the

Tribunals answering the reference against the State by

holding the proceedee not to be a foreigner, there is no
procedure in place at the Government level to scrutinize
such decisions and to challenge such decisions if
considered necessary before the High Court. To the
best of our knowledge and information there is no such
mechanism put in place by the State Government. We
have reasons to believe that in many places particularly
in the border districts references are mostly answered
against the State by holding the proceedee not to be
foreigner. Since these orders are not put to challenge
before any higher forum, such orders attain finality. We
are of the firm opinion that all such decisions of the
Tribunals were the references are answered against the

14

Copy of the representation dated 28.10.2015 is

enclosed herewith and marked as Annexure - 2.
OBSERVATIONS
(a) The above two aspects, firstly, the fact that the direction in
Sarbananda Sonowal to initiate fresh proceedings in
respect of inquiries rejected by the Screening Committee
under the IMDT Act which were required to be proceeded
afresh and which does not appear to have been done calls
for a response from the State Government.
(b) Secondly, the necessity of reviewing the decision of
Foreigners Tribunal by an institution alleged mechanism
also needs to be put into place.
C. Representation

from

the

Jatiya

Nagrik

Manch dated

28.10.2015 this organisation is based in Mangaldoi District

headquarters

of

Darrang

District

who

have

made

representation against the action of the Deputy Commissioner of

Darrang District in respect of decision taken in 04.10.2013 by the
said Officer. According to the representation, by communication
of 04.10.2013 the Deputy Commissioner of Darrang District had
written to the Deputy Commissioner of the neighbouring district
Morigaon saying that 260 erosion effected families of Mangaldoi

15

neighbouring district in settling such families to avoid resistance

by the locals.
According to the representation there was no proof that these
families belong to the District and the said Officer has
participated in the network to settle foreign nationals.
Photographs

have

also

been

enclosed

alongwith

the

representation.
OBSERVATION
This representation is based on a letter of the Deputy
Commissioner, wherein 260 families are settled in a particular
area i.e. in Hilaikhunda under Mangaldai Revenue Circle,
Darrang District which is government land saying that such
persons are erosion affected and also their settlement is likely to
create resistance from locals. The antecedents of these families
need to be verified in terms of their nationality but the fact is that
an entirely new set of people are introduced by the government
amongst indigenous people and the very fact that security is
required to forcibly settle them, shows and demonstrates that
there is a likelihood of local resistance, as also displacing
indigenous communities from their habitat.
D. Judgments of the Honble Guwahati High Court - Fake

16

There are quite a few judgments of the Honble Guwahati High

Court in respect of fake certificates procured by foreigners and
official nexuses in this regard, a few of which are given below:
(1) Judgment dated 05.10.2015 passed in W.P. (C) No.
5094 of 2012 Md. Fazar Ali Vs. The Union of India &
Ors. - in this matter the issue was regarding the
authenticity of Birth Certificate dated 11.01.2011, certifying
the alleged foreigner to have been born on 08.01.1965 in
Morigaon District (Para 5 & 6). Upon enquiry being
directed, the enquiry disclosed that no such certificate was
issued as per the instructions of the Deputy Commissioner,
which is the prescribed procedure (Para 7,8 & 9). Even
though the Deputy Commissioners recommendation was
not obtained as is the procedure prescribed, nevertheless it
was issued by the Registrar, Births & Deaths. However, the
original documents were strangely misplaced when called
for. The Honble Court further observed that it was only one
in several cases of fake and forged documents as enquiry
had been directed earlier in respect of Dhubri and Nagaon
District in other matters. The relevant extract at Para 9 &
10 reads as follows:9once it is established that there was no
recommendation

from

the

Office

of

the

Deputy

17

been misplaced during the shifting of the Office.

According to his report allegedly made to the Officer-inCharge, Laharighat Police Station, the documents
missing are births and deaths registrars of 2011, 2012,
2013 and 2014; counterfoils of certificates; order of the
Deputy Commissioner for issuing such certificates;
application forms; reports etc. A simple report was
shown furnish on 26th August, 2014 to the Laharighat
Police Station intimating about misplacing the aforesaid
records.
10. It is not the case of the Laharighat PHC that the
documents have been stolen. The report of the
Superintendent of Police (B), Morigaon dated 5th
October, 2015 contains the note dated 4th October,
2015 of the Sub-Inspector (B), Laharighat Police
Station. IN his report, he has expressed his surprise as
to why only the aforesaid documents have been
misplaced and not any other documents including costly
items like computer; hospital material etc. This would
enquire a thorough enquiry of the Superintendent of
Police (B), Morigaon to unearth the racket of issuing the
fake birth and death certificates to help the illegal
migrants. It will not be out of place to mention here that
earlier also the Court unearthed a racket of issuance of
fake certificates by Dharamtul SHC. Another racket of
issuance of forged birth certificates was also unearthed
in respect of Gazarikandi PHC of Dhubri district. In this
connection, the orders passed in WP (C) No.2306 /
2014 and WP (C) No.3660/205 may be referred to.

18

certificates and expressed anguish at the fact that not only

was the Petitioner who is a foreigner not apprehended but
even the concerned government servant was let off lightly
and at the apathy of the administration. The relevant
extract from the said order reads as follows:
As recorded in the orders passed in this proceeding,
more particularly, in the order dated 29.07.2015, the
petitioner has taken recourse to falsehood and forgery
in placing reliance on the Annexure-5 Birth Certificate
dated 30.01.2012. In that view of the matter, the
respondents were directed to apprehend the petitioner.
It was also directed that the authorities, namely, the
Director

General

of

Police

Assam

and

the

Commissioner and Secretary, Home and Political

Department, Govt. of Assam should apprise the Court
about their action plan in such a serious matter.
As indicated in the said order, the accused persons
including

Shri

Anowar

Hussain,

UDA,

SDCH,

Hatsingimari, son of Late Amir Hamja Mandal. As per

the written instructions furnished, the Joint Director of
Health Services, only ordered for shifting of the table of
Anowar Hussain.
In fact, both the authorities were directed to apprise the
Court about their action plan in the matter including the
action taken in respect of the accused persons
mentioned in the order dated 29.07.2015. However,
there is no response from the said two authorities

19

proposed to arrest the menace of issuance of fake birth

and death certificates.
It may not be out of place to mention here that today, in
the case of Sirajul Hoque vs. State of Assam and others
(WP (C) No.2306/ 2014, the Deputy Commissioner,
Morigaon has furnished report regarding submission of
forged letter dated 23.11.2013 showing to be from the
office

of

the

Additional

Deputy

Commissioner,

Morigaon. It appears that the said respondents are not

at all interested to apprehend the culprits engaged in
such a racket.
(3) In the Judgment and Order dated 18.09.2015 passed in
W.P. (C) No.2306 of 2014 titled Md. Sirajul Hoque @
Sirajul Islam & Ors. Vs. The Union of India & Ors. - In
this matter the Petitioners sought setting aside of an exparte order by furnishing a copy of the death certificate of
the mother as well as a medical certificate of some relative,
they being grounds for non appearance. Initially, when the
Court doubted the genuineness of these two certificates,
written instructions furnished to the government counsel
asserted the genuineness of these documents. On a
direction for further enquiry by the Honble Court, it was
revealed that both these documents were forged. The
relevant extract from the said order reads as follows:
12. In the present proceeding before this Court, a doubt

20

apprise the Court as to the veracity or otherwise of the

said two certificates. The matter was further taken up on
13/08/2015 and on the basis of the written instructions
furnished to the learned Standing Counsel, Health, it
was submitted that the Annexure-24 and Annexure-25
certificates were genuine. Along with the written
instruction

dated

recommendation

10/08/2015,
of

the

the

purported

Additional

Deputy

Commissioner, Morigaon vide order dated 25/11/2013,

for issuance of the Anenxure-24 Death Certificate was
also enclosed.
13. When a doubt arose in respect of the said order
dated 25/11/2013 issued by the Additional Deputy
Commissioner, Morigaon, further direction was issued
to obtain instruction from the Deputy Commissioner,
Morigaon.

The

matter

was

again

taken

up

on

25/08/2013 and Mr. Noor Mohammad, learned State

Counsel

produced

the

letter

dated

21/08/2015

addressed to him by the Deputy Commissioner

certifying that the purported letter of the Additional
Deputy Commissioner dated 25/11/2013 was never
issued from the office of the Deputy Commissioner.
Situated thus, Dr. Niranjan Konwar, Medical and Health
Officer-I, in-charge, Dharamtul SHC was directed to
appear in person along with entire records pertaining to
Annexure-24
including

the

Death
original

Certificate

dated

copy

the

of

08/12/2013
order

dated

25/11/2013. He appeared on 08/09/2015. Prior to that

the Deputy Commissioner was directed to cause an

21

16/09/2015. The enquiry report has revealed that the

aforesaid purported order dated 15/11/2013 of the
Additional Deputy Commissioner, Morigaon is a
fake one. Although, Mr. A. Matin, learned counsel for
the petitioners has submitted that the petitioners are not
responsible towards issuance of the fake order of the
Additional Deputy Commissioner, but as recorded in the
earlier order dated 08/09/2015, they being beneficiary of
the Annexure-24 Death Certificate which was issued on
the basis of a fake order, they cannot shirk-off their
responsibility by simply saying that the task of obtaining
the said certificate was entrusted to a third party.
(4) Judgment dated 10.08.2015 Passed in

W.P. (C) No.

5048 of 2009 - This matter relates to a Writ Petition filed by

the Petitioner who was declared as a foreigner in 2007,
deported to Bangladesh and thereafter returned again to
file a Writ Petition in November 2009, when affidavits were
directed to be filed by the Chief Secretary and the Home
Secretary as to the manner in which a deported foreigner
could return and file a Writ Petition and the matter was not
listed for 6 years which has been noted by the Honble
Court in its order dated 10.08.2015. The relevant extract of
the said order reads as follows:
When the matter was last taken up on 20th November,
2009, the following order was passed:It appears from the averments made in the writ petition

22

reflection on the Union of India as well as the State of

Assam as the border is not at all protected and the
persons are allowed to enter into India without even a
valid permit and even though the person has been
declared as foreigner and was deported to Bangladesh.
In view of the aforesaid position, the Chief Secretary to
the Government of Assam and the Home Secretary to
the Government of India are directed to file affidavits in
this matter, for which 2 (two) weeks time is granted.
List the case for motion hearing on 4th December, 2009.
A copy of this order be furnished to the learned
Assistant Solicitor General of India, the learned Sr.
Government Advocate, Assam and the learned Central
Government Counsel.
(5) Judgment dated 27.08.2015 Passed in

W.P. (C) No.

2979 of 2011- This matter relates to yet another aspect of

the functioning of Foreigners Tribunal, where ex-parte
order was challenged on the ground that notice issued to
the Petitioner before the High Court was on the allegation
that he was a foreigner in the 1966 to 1971 stream, which
category in terms of the Assam accord are required to
register themselves with the authorities and granted
citizenship subsequently. It was noticed by the Honble
Court that whereas the reference made to the Tribunal was
suspecting him to be a foreigner of post 25 March 1971,
however, the notice issued by the Foreigners Tribunal was
on the wrong format, which had been the experience of the

23

Before parting with the case record, it is placed on

record that it has been the experience of this Court in
some cases that the Tribunals unmindful of the fact that
the proceedee is suspected to be a foreigner of post
25th March, 1971 stream, issue notice in the prescribed
format indicating that the proceedee is suspected to be
a foreigner within the stream of 1st January, 1966 to 25th
March, 1971. In absence of the prescribed format for
the suspected foreigners of post 25th March, 1971, the
Tribunal while using the format pertaining to the
foreigners of 1st January, 1966 to 25th March, 1971
should make necessary correction.
OBSERVATIONS AND SUGGESTIONS:
1. It is obvious and apparent from the above judgments that
there is a large scale racket in procurement of fake
certificates and which is carried out with the aid and
connivance of government personnel. In fact, most of the
times as recorded in the judgments the forgery could not
be detected immediately and further enquiries were
directed. In one case, W.P. (C) No.2306 of 2014 titled Md.
Sirajul Hoque @ Sirajul Islam & Ors. Vs. The Union of India
& Ors. mentioned at Sr. No.3 above, the official
instructions conveyed to the Government counsel were that
the certificates in question were genuine. It is only upon the
Honble Court persisting and calling for the personal
presence of officers that it was admitted by the

24

No.2 above that the government officials were not

interested in arresting the culprits and in fact the only
action taken in respect of one such government functionary
was to change his desk.
2. This fake certification with the active connivance of
Government personnel has significant implications while
carrying out verification of Applicants while updating the
National Register of Citizens and this aspect therefore, has
to be accounted for while evolving verification procedures.
E. Representation has been received from Sangrami Satirtha
Sammelan dated 25.10.2015: In furtherance of their earlier
representation referred to in page 22 of report dated 05.10.2015
and enclosed at pages 135 to 202 of the said report.

This

representation is by way of furnishing additional information in

respect of the land encroached in Sipajhar Revenue Circle of
77,420 bighas (26,000 acres) where information has been
furnished regarding list of polling stations in 1985 and list of
polling station in 2014. As stated therein, there were no polling
stations in the encroached area of 26,000 meters in 1985 in the
electoral rolls of that year, whereas there were 11 polling
stations with over 15000 voters in these areas in 2014.
Furthermore, a large number of residents in this area also vote

25

the encroached area also vote in neighbouring areas.

Furthermore, there is also ancient Shiva temple in this area
which is under encroachment.
OBSERVATION
The representation by this organization has been dealt with in
length in the earlier report, they have adduced further proof that
settlement in the encroached area of 77,420 bighas (26000
acres) is of recent origin as no polling stations on this area are
available in the electoral rolls on 1985, whereas there are
eleven such polling stations in 2014 electoral rolls.
SUMMARIZED OBSERVATIONS AND SUGGESTIONS
Observations and suggestions have already been made under
the respective response/ representation which are summarised
herein below at one place under the respective heads, for the
sake of convenience.
A. Response of Assam Government received on 14.10.2015.
(a) The stand of the Government of Assam, overall is that all the
issues are the primary concern of the Central Government
barring the provision of regular electricity connection, it is with this
caveat that responses to queries are furnished by and large the
responses are in line with what was conveyed during discussion
with District Administrations of Dhubri, Karimganj and Silchar and

26

(b) As regards the recommendation regarding relocation of all

villages who either live or have land across the fencing areas
towards the international boundary and thereby close the large
number of gates on the international fencing, the answer is very
carefully worded.

The response says that the viability of

relocating the villagers across the border will be explored in

discussion with the Government of India, though it is thereafter
said that the concerned Deputy Commissioners are undertaking
preliminary assessment on people living across the international
border fencing.

The State Government therefore does not

appear to have taken any decision on this issue.

As far as provision of regular electricity connection is concerned

timelines have been provided for completion of work in both the
sectors, which reports have already been furnished alongwith the
earlier report of 05.10.2015. But nothing has been said about
uninterrupted power supply, infrequent power supply in these
areas is the norm, rather than the exception and for border
floodlights, uninterrupted power supply is a necessity.

(c) Interestingly, on one of the fundamental issues regarding Issue

No. (ix) for setting up of an independent inquiry / investigation into
the manner in which illegal migrants entrench themselves in the

27

of a large number of non- Indians to borrow a description from

the

respondents

own

official

communications

regarding

encroachers, this response is surprising.

(d) As regards issue No. (x) relating to Examining electoral rolls for
un-natural increase and growth in population, including entry of
new house-holds / individuals into the electoral roll suddenly, the
response only says that the matter is being taken up with the
Election Commission of India.
The State Government has not disclosed as to the manner in
which the matter has been taken up with the Election
Commission regarding un-natural increase in voters. Any sincere
attempt in this regard would require taking the pre 24.03.1971
electoral rolls as the basis for any polling station and thereafter
examination on a year to year basis as to the additions in terms
of new households or sudden inclusion of someone far beyond
the qualifying age to be a voter as a member of the household. It
is important to note that increasing voters in urban polling centres
is attributable to rural urban migrant a regular phenomenon in this
country. But increase in voter by addition of new household / or
suspicious new family members of the same household in rural
areas will be a ground for investigation as to the antecedent of
the nationality of such new voters.

28

In the earlier report of 05.10.2015 representation made by Shri

Indrajit Barua has enclosed study carried out in respect of some
polling stations in Boko Legislative Assembly Constituency for the
period 1971 to 1997, where a periodic analysis of electoral rolls
for a polling station have shown increase in the range of 80% to
2135% in the number of new entrants into the electoral rolls.
Considering that entry of a new household entered in electoral
rolls after 24.03.1971 or a new voter far beyond the qualifying
age into an existing household will raise doubts about their
nationality, focus should therefore be laid on such new entrants
while investigating the nationality.
To take an illustration, if a household is shown as having entered
into the rolls for the first time in 1985 and it is not there in 1980
the previous electoral roll, then its absence itself raises doubt
about the nationality of the members of this household.
Furthermore, if an elderly member of the household suddenly
makes an appearance in the electoral roll at the age of 30 and
above, this itself will raise doubts about the nationality.
(e) As regards Issue No. (xi) regarding necessity for independent
inquiry and investigation into the manner in which foreigners
illegally acquire citizenship and citizens rights is important as in
the ongoing NRC process it will also enable and assist in the

29

manner in which foreigners illegally acquire citizenship is a matter

under Union Government of India.
It is, therefore, now for the Central Government to respond as to
whether it has taken any decision regarding setting up of an
independent inquiry and investigation into the manner in which
foreigners illegally acquire citizenship.
I have said in the earlier report that this investigation/ inquiry is
necessary because it will provide a valuable guide towards the
verification of citizenship under ongoing updating of the National
Register of Citizens.
Considering the fact that the entire population of Assam has by
and large applied for inclusion in the National Register of
Citizens, which will include a large number of foreign nationals,
the result of this exercise will prove valuable guide for shifting
citizens from foreigners.
B. Representation from two practising Advocates of Guwahati
High Court
(a) The above two aspects, firstly, the fact that the direction in
Sarbananda Sonowal to initiate fresh proceedings in respect
of inquiries rejected by the Screening Committee under the

30

(b) Secondly, the necessity of reviewing the decision of

Foreigners Tribunal by an institution alleged mechanism also
needs to be put into place.
C. Representation

from

the

Jatiya

Nagrik

Manch

dated

28.10.2015

This representation is based on a letter of the Deputy

Commissioner, wherein 260 families are settled in a particular
area i.e. in Hilaikhunda under Mangaldai Revenue Circle,
Darrang District which is government land saying that such
persons are erosion affected and also their settlement is likely to
create resistance from locals. The antecedents of these families
need to be verified in terms of their nationality but the fact is that
an entirely new set of people are introduced by the government
amongst indigenous people and the very fact that security is
required to forcibly settle them, shows and demonstrates that
there is a likelihood of local resistance, as also displacing
indigenous communities from their habitat.

D. Judgments of the Honble Guwahati High Court - Fake

Certificates and nexuses
(a) It is obvious and apparent from the above judgments that
there is a large scale racket in procurement of fake certificates

31

W.P. (C) No.2306 of 2014 titled Md. Sirajul Hoque @ Sirajul

Islam & Ors. Vs. The Union of India & Ors. mentioned at Sr.
No.3 above, the official instructions conveyed to the
Government counsel were that the certificates in question
were genuine. It is only upon the Honble Court persisting and
calling for the personal presence of officers that it was
admitted by the Government that the certificates in question
were fake. The Honble Court has also noted with anguish in
order dated 25.08.2015 passed in W.P. (C) No. 3660/ 2015 at
Serial No.2 above that the government officials were not
interested in arresting the culprits and in fact the only action
taken in respect of one such government functionary was to
change his desk.
(b) This

fake

certification

with

the

active

connivance

of

Government personnel has significant implications while

carrying out verification of Applicants while updating the
National Register of Citizens and this aspect therefore, has to
be accounted for while evolving verification procedures.
E. Representation has been received from Sangrami Satirtha
Sammelan dated 25.10.2015:

The representation by this organization has been dealt with in

length in the earlier report, they have adduced further proof that

32

available in the electoral rolls on 1985, whereas there are eleven

such polling stations in 2014 electoral rolls.
The report is submitted accordingly.

(Upmanyu Hazarika )
Senior Advocate
Supreme Court Commissioner
Date: 04.11.2015

33

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION
Writ Petition (Civil) No. 562 of 2012
(Under Article 32 of the Constitution of India)
IN THE MATTER OF:
Assam Sanmilita Mahasangha & Ors. Etc.

Petitioners

Versus
Union of India & Ors.

Respondents

SUPPLEMENTARY REPORT IN TERMS OF ORDER

DATED 14.07.2015 BY THIS HONBLE COURT

PAPER BOOK
(FOR INDEX PLEASE SEE INSIDE)