Gauhati High Court comes to the rescue of Kargil war veteran

[dropcap]I[/dropcap]N a big relief to Kargil war veteran Mohammad Sanaullah, the Gauhati High Court today ordered his release from the detention camp at Goalpara in Assam where he landed after a Foreigners Tribunal in Assam's Kamrup district on May 23, 2019, declared him a "foreigner".

A division bench of Justices Manojit Bhuyan and Prashanta Kumar Deka has also ordered Sanaullah to furnish a bail bond of Rs. 20,000 with two local sureties and directed him not to move out of the territorial limits of Kamrup, without prior approval of the Superintendent of Police, Kamrup. The court has also directed the authorities to obtain Sanaullah's biometrics before releasing him.

The High Court has also issued a notice to the Central Government, Assam Government, State Coordinator, National Register of Citizens, and others on his plea challenging the decision of a Foreigners Tribunal adjudging him a non-citizen. The matter will now be heard after four weeks.

Mohammad Sanaullah, a 52-year-old man who retired from the Army in 2017 as Honorary Lieutenant, was arrested and sent to a detention centre on May 28, 2019, following the order of a Foreigners Tribunal that adjudged him a non-citizen.

Sanaullah, a citizen by birth

Challenging the decision of the Tribunal, senior advocate Indira Jaising who appeared for Sanaullah before the Gauhati High Court today submitted that Sanuallah was a citizen of India because he was born before 1971 in India on July 30, 1967.

She referred to the passport issued to him in 1994 which showed the same date of birth. His school leaving certificate issued by the state board and discharge certificate issued by the army also contained the same date of birth, Jaising submitted.

What was shocking was the verification enquiry report which said he was a "labourer" when in 2009 he was in the army as a junior commissioned officer and on the date of enquiry he was in Manipur, Jaising said.  Further, three witnesses who said they did not know him had filed an FIR against the officer for forgery and cheating and the enquiry officer had now said that he did not investigate this man.

Jaising further added that Sanuallah's father was on the voter list in 1966 and thus the address in all the documents submitted by the petitioner was consistent. She stressed on the impeccable integrity of Sanaullah while serving in the army and drew the attention of the judges to his appointment on September 1, 2012 as Junior Commissioned Officer in the rank of Naib Subedar in the Regular Army as evidence of the special trust and confidence in his fidelity, courage and conduct by the President of India.

In his plea in the High Court, the petitioner also said among other things, that after appearing before the Tribunal, he had submitted a written statement where had provided details of his supporting documents and his service history in the Indian Army. He had told the Foreigners Tribunal that he was a citizen of India by birth and that he was born on July 30, 1967 in the Kolohikash village under Boko Police Station in the Kamrup district of Assam.

Dubious enquiry

The petitioner also pointed out that the name of his parents was recorded in the 1966 and 1970 voter list. He said, in his written statement, that the Enquiry Officer neither visited his house nor served him any notice to produce any document to prove his nationality. He further stated that the so-called enquiry report found in the case record was completely false and fabricated.

Sanaullah said he had been described as a Labourer in the "profession/occupation" column of the "Finding and enquiry report of the Enquiry Officer. His children's names had also been mentioned wrongly.

The Enquiry Officer had prepared two statements dated May 23, 2008, and July 27, 2009, allegedly made by Sanaullah. According to the alleged statement, Sanaullah had confessed that he came from Dhaka district in Bangladesh. Below the statement dated May 23, 2008,  there was a thumb impression and around it was written as "L.T.I of Md. Sonaulla". The petitioner, Sanaullah, asserted before the High Court that in the statement of July 27, 2009, there was no thumb impression with only "Sonaulla" written and the handwriting of the statement and signature were identical.

The petition also highlighted that according to the Discharge Book, Sanaullah was posted in Manipur from September 17, 2007, to August 21, 2009. "It is pertinent to mention here that the two dates mentioned by the I/O in his report on which the opp. Party is said to have met and recorded statement is false because as per service report mentioned in the Sheet Roll Leave Portion of Defence Personnel in respect of JC 767303N, Ex- Subedar (Honorary Capt.) Md. Sanaullah on both the dates the opp. Party was in duty in Counter Insurgency Area (OP HIFAZAT, Manipur) in 18 Engg. Regt./ 9 Engg. Regt,"  the petitioner's written statement said.

"Hence it is apparent that the Enquiry Officer deliberately forged the thumb impression and alleged that the petitioner has put it. The Enquiry Officer in all probability might not even know that the petitioner is educated and works in the Indian Army. The petitioner brought this forgery and gross misconduct of the Enquiry Officer to the notice of the Ld. Tribunal, but the Ld. Tribunal acted in a very mechanical manner and proceeded with the case," the petitioner said.