Guwahati, June 7, 2019:
The Gauhati High Court that heard the case of retired Indian Army Captain, Mohammed Sanaullah on Friday issued notices to several institutions.
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The division bench of Gauhati High Court has issued notices to the Union Government of India, Defence Ministry, State Government, National Register of Citizen (NRC) authority, Investigating Officer Chandramal Das and other respondents.
The bench has not given any decision on the appeal of interim bail, however, it is expected that the bench will come up with a certain decision on it by the evening.
It is to be mentioned that High profile advocate of the Supreme Court Indira Jaisingh will fight the case for Sanaullah. She will be fighting the case without any fees from him. Apart from Indira Jaisingh, two more lawyers will be attending the court on Sanaullah’s behalf.
Mohammad Sanaullah, a fifty-two-year-old man who retired from the Army in 2017 as Honorary Lieutenant, was arrested and sent to a detention centre on May 28; five days after a Foreigners Tribunal had declared him a ‘Foreigner’.
The proceedings against Sanaullah were initiated in September 2018, based on a report filed by the Assam Border Police in 2008 which stated that he was an “illegal migrant”. Ironically, after retirement from the army, he was working as a Sub Inspector in the Assam Border Police that is tasked with identifying, detaining and deporting doubtful citizens and illegal migrants.
On the other hand, an FIR has been filed against the investigation officer Chandramal Das at the Boko Police Station. The FIR was filed by Amjad Ali Ahmed, Subahan Ali, and Mohammad Quran Ali. It is alleged that the investigation officer named them as the witnesses in his report against Sanaullah. The three persons have attested that they were not aware of the fact that their names had been included in the report of Chandramal Das as witnesses.
In a petition filed in the Gauhati High Court on Friday, the Tribunal’s decision adjudging Sanaullah as a non-citizen and his consequent arrest has been challenged as “arbitrary, perverse and illegal”.