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Assam Accord IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL WRIT JURISDICTION WRIT PETITION (CIVIL) NO 562 OF 2012 IN THE MATTER OF: 1) ASSAM SANMILITA MAHASANGHA, (AN INDIGENOUS PEOPLES ORGANISATION OF ASSSAM), HOUSE NO 10, CHANDMARI COLONY, GUWAHATI-781003, ASSAM REPRESENTED BY ITS WORKING PRESIDENT, MR. MATIUR RAHMAN 2) NATIONAL DEMOCRATIC FRONT OF BODOLAND (PROGRESSIVE) HEADQUARTERED AT VILLAGE: GOLMAGAON, P.O. UDALGURI, DISTRICT-UDALGURI, BODO TERRITORIAL AUTONOMOUS DISTRICT, ASSAM REPRESENTED BY ITS GENERAL SECRETARY, MR.GOBINDA BASUMOTORY 3) INDIGENIOUS TRIBAL PEOPLES FEDERATION, VILL & P.O BORDEURIGAON, NARAYANPUR, DISTRICT: LAKHIMPUR, ASSAM REPRESENTED BY ITS PRESIDENT, MR RANA PRASAD DEURI PETITIONERS 2 VERSUS 1) UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI-110001 2) MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI-110001 3) THE REGISTRAR GENERAL & CENSUS COMMISSIONER OF INDIA, 2 A, MAN SINGH ROAD, NEW DELHI-110011 REPRESENTED BY ITS SECRETARY 4) THE ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN. ASHOKA ROAD, NEW DELHI REPRESENTED BY ITS SECETARY, 5) STATE OF ASSAM, REPRESENTED BY ITS CHIEF SECRETARY, ASSAM SECRETARIAT, DISPUR CAPITAL COMPLEX, G.S. ROAD, GUWAHATI-781006, ASSAM CONTESTING RESPONDENTS 3 6) ALL ASSAM STUDENTS UNION, ‘SWAHID NIYAS BHAWAN’, M.G ROAD, UZAN BAZAR, GUWAHATI-781001, ASSAM REPRESENTED BY ITS GENERAL SECRETARY, MR. TAPAN KUMAR GOGOI PROFORMA RESPONDENT A WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FOR ENFORCEMENT OF THE PETITIONERS RIGHTS GUARANTEED AND PROTECTED UNDER PART-III OF THE CONSTITUTION OF INDIA TO, THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS LORDSHIPS OTHER COMPANION JUSTICES OF THE SUPREME COURT THE HUMBLE PETITIONER OF THE PETITION ABOVENAMED MOST RESPECTFULLY SHOWETH: 1) The petitioner no 1, 2 and 3 are un-registered bodies. The instant writ petition has been preferred by the petitioners in the representative capacity of a majority of the indegenious tribal and non-tribal people living in Assam. The petitioners herein have never approached any of the respondents seeking a relief similar to the relief sought for in this writ petition. However they did submit memorandum dated 28/05/2010 (Annexure P-11 Colly) to the President of India, 4 Prime Minister of India, Union Home Minister and the Union Law Minister for repeal of Section 6A of The Citizenship Act, 1955. However no favourable response in this regard has been received till date. The petitioners through the instant writ petition is invoking the civil original writ jurisdiction of this Hon’ble Court to issue a writ, order or direction of like nature against all the respondents praying inter-alia that Section 6A of The Citizenship Act, 1955 inserted into the principal Act vide The Citizenship (Amendment) Act, 1985 (Act No 65 of 1985) w.e.f 07/12/1985 be stuck down as illegal and invalid, being, ultra-vires the Constitution of India. 2) DESCRIPTION OF PARTIES a) The petitioner no 1 is a un-registered society and a non- political confederation of 60 organization of indigenous people’s communities living in Assam namely Kochari, Bodo, Rabha, Miching, Tiwa, Deuri, Dimacha, Karbi, Thengal, Sonowal, Mech, Moran, Mattak, Ahom, Chimgphow, Tai-phake, Tai-Turung,Tai-Aiton, Garia-Mari- Deshi (Assamese Muslim of Mongoloid Origin), Kalita, Kayastha, Brahmin, Koivortta, Nat-Yogi, Assamese Shikh, Sut and also, Naga, Mizo, Manipuri, Michi, Aadi, Garo, Khachi, Jayantia etc . It was established on 17th April, 2007 at the Talatal Ghar, Rangpur (the old Capital of Ahom Kingdom), Sivasagar, Assam. “Unity among the Indigenous People” is the motto of the petitioner no 1. The primary aim of the petitioner no 1 is to protect and preserve the land rights, culture, rituals, and religious beliefs of the indigenous people of Assam. The petitioner no 1 is being represented by its Working President, Mr. Matiur Rahman, who is their authorized representative. 5 b) The petitioner no 2 is a un-registered society and non- political organization which has been struggling to assert the socio-political, socio-economic and socio-cultural right and justice of the oppressed, dominated and marginalized Boro and other indigenous tribal people, the sons of the soil of Assam for the last twenty seven (27) years. It was formed on the 3rd October, 1986, with the nomenclature as the Boro Security Force (abbreviated as the BSF) and adopted the means to fight with arms. Its name was later on changed to the National Democratic Front of Boroland (abbreviated as the NDFB) on the 24th November, 1994, and continued its struggle. It signed a Cease-fire agreement with the Government of India on the 25th May, 2005, and came to the peace process. Unfortunately a small splinter group violated the Cease-fire agreement in the last part of 2008 and retreated back to the jungle. However the major portion of the organization stood stead fast to the Cease-fire agreement and is in dialogue with the government for the last 7 years. For distinct identity and differentiate the identity from the break-away group a slight change in the name of the organization was made in the year 2009 as the National Democratic Front of Boroland (Progressive) (abbreviated as the NDFB(P). The petitioner no 2 is being represented by its General Secretary, Mr. Gobinda Basumotory, who is their authorized representative. c) The petitioner no 3 is a un-registered society and a non- political organization of the tribal people of Assam. This organization was established on the 19th February, 2009. The petitioner no 3 is working for protection and for the benefit of the indigenous tribal people of Assam. One of their principal aim is to ensure full implementation of the UN Declaration of the Rights of the Indigenous People as well 6 as for the proper preservation of the Tribal Belts and Blocks established in the State of Assam. The petitioner no 3 consists of several different tribal organizations of Assam, namely, Sonowal-Kachari Chatra Santha, Sonowal-Kachari Sangram Samiti, Thengal-Kachari Chatra Santha, Thangal- Kachari Jatiya Sangathan, Nikhil Rabha Chatra Santha, Moran Chatra Santha, Matak Yuva-Chatra Sanmilan, Deuri Sahitya Sabha, All Bodo Shanti aru Adhikar Mancha, All Tiwa Chatra Santha, Konch-Rajbanshi Chatra Santha, Mec- Kachari Chatra Santha and Takam Miching Pin Kabang. The petitioner no 3 is being represented by its President, Mr. Rana Prasad Deuri, who is their authorized representative. It is stated that there is no adverse interests between the petitioners. d) The respondent no 1is the Ministry of Home Affairs who is primarily responsible for dealing with the issue of illegal trans-border infiltration. The petitioners understand that this is the nodal ministry for detection of illegal immigrants. It is also a signatory to the Assam Accord. The respondent no 2 is the Ministry of External Affairs whose duty will be to initiate bi-lateral talks with Bangladesh and draw up an effective and time bound plan of action for deportation of the illegal immigrants. The respondent no 3 is the authority under whom the National Register of Citizens is prepared. The respondent no 4 is the Election Commission of India who has a vital and definite role to ensure no names of illegal immigrants find place in the electoral rolls. The respondent no 5 is the State of Assam whose primary duty is to effectively implement the measures at the field level for detection and deportation of the illegal immigrants. The proforma respondent no 6 is the organization who 7 spearheaded the Assam Movement and with whom the government of India signed the Assam Accord. 3) LIST OF DATES AND EVENTS: The relevant list of dates and events has been elaborately dealt with under the caption “Synopsis and list of Dates” (Pages B-LL). Therefore for the sake of brevity the same is not repeated in extenso herein under: a) The Nehru-Liaquat Agreement was signed on 8th April, 1950 a copy of which is annexed hereto and marked as Annexure P-1 (Pages 65-73) b) A Treaty for friendship, co-operation and peace, popularly known as the Indira-Mujib Agreement was signed between India and Bangladesh on 19/03/1972, a copy of which is annexed hereto and marked as Annexure P-2 (Pages 74-79) c) The All Assam Students Union submitted a letter on 18/01/1980 to the Prime Minister, a copy of which is annexed hereto and marked as Annexure P-3 (Pages 80-85) d) The All Assam Students Union submitted a letter on 25/06/1980 to the Prime Minister, a copy of which is annexed hereto and marked as Annexure P-4 (Pages 86-88) e) The Assam accord was signed on 15/08/1985 between AASU, AAGSP, Central and State Government, a copy of which is annexed hereto and marked as Annexure P-5 (Pages 89-96) f) A copy of the statement of objects and reasons for The Citizenship (Amendment) Act, 1985 (Act No 65 of 1985) was published in the Gazette of India, Extra-Ordinary, Pt 8 II, Section 1 on 18/11/1985, a copy of which is annexed hereto and marked as Annexure P-6 (Pages 97-98) g) The then Governor of Assam, Lt. Gen (Retd.) S. K. Sinha submitted an exhaustive report dated 08/11/1998 to the then President of India on the grave threat posed by the unabated influx of people from Bangladesh to Assam, a copy of which is annexed herewith and is marked as Annexure P-7(Pages 99-143) h) The Minister of State, Home Affairs submitted a statement to the Parliament indicating therein that the estimated number of illegal Bangladeshi immigrants in India as on 31/12/2001 was 1, 20, 53,950.
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