Assam Chief Minister Himanta Biswa Sarma has clarified that there is no new order to close cases against non-Muslim migrants who arrived before 2015. They already have legal protection under the CAA. While the state government has encouraged citizenship applications, pending cases in Foreigners Tribunals will not be terminated.
Himanta Biswa Sarma: Assam Chief Minister Himanta Biswa Sarma has made an important statement regarding the Citizenship Amendment Act (CAA), clarifying that the state government has not issued any specific order to terminate cases pending in Foreigners Tribunals against non-Muslim illegal migrants who came to the state before 2015. He stated that the CAA already provides legal protection to such migrants, hence no additional decision is required.
Protection is already being provided under CAA
Chief Minister Sarma stated that the Citizenship Amendment Act (CAA), which was passed by Parliament in 2019, already provides protection to Hindus, Sikhs, Christians, Buddhists, Jains, and Parsis who came to India on or before December 31, 2014. Therefore, there is no need for the state government to issue any separate new directives. According to him, 'CAA is the law of the country. Unless the Supreme Court quashes this law, it will remain completely valid and applicable. No new decision has been taken, and if one were taken, I would personally inform the media about it.'
Directive of July 2023: Promoting applications under CAA
However, according to a government document, on July 22, 2023, Additional Chief Secretary of the Home and Political Department, Ajay Tewari, sent a directive to all District Commissioners and Superintendents of Police. It stated that they should review cases of non-Muslim migrants like Pakistanis, Bangladeshis, and Rohingyas who came to Assam before 2015 and encourage them to apply for citizenship under the CAA.
The objective was to ensure that eligible migrants could apply for citizenship, rather than being entangled in the complex legal processes of Foreigners Tribunals.
Legal Process: The important role of the Tribunal
The issue of citizenship and illegal immigration has been sensitive in Assam for years. In the state, Foreigners Tribunals are the only authorities authorized to decide whether a person is an Indian citizen or a foreigner. The decisions of these tribunals can be challenged in the High Court.
In view of this system, it was necessary for the Chief Minister to clarify that the mere existence of the CAA would not automatically affect pending cases in Foreigners Tribunals. Cases cannot be closed until the legal process is complete.
Relief for Koch-Rajbongshi and Gorkha Communities
Chief Minister Sarma stated that decisions were taken on the cases of two specific communities in the recent cabinet meeting.
- Koch-Rajbongshi community
- Gorkha community
Many people belonging to these communities were also dragged into Foreigners Tribunals, considering them illegal migrants. According to the Cabinet decision, the process of withdrawing or terminating these cases is being initiated.
Comprehensive Interpretation of CAA and its impact
According to CAA, 2019, there is a provision to grant Indian citizenship to non-Muslim minorities who came to India from Pakistan, Bangladesh and Afghanistan due to religious persecution, provided they have resided in India for at least 5 years. This law was specifically brought to provide relief to those who have been living in India for a long time but have not been able to become legally citizens. However, this law only simplifies the process of granting citizenship, but it does not give the right to terminate pending cases unless the legal process is complete.
