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N THE SUPREME COURT OF INDIA


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

Petitioners

Versus
Union of India & Ors.
REPORT

Respondents
ON

INDIA-BANGLADESH

INTERNATIONAL

BOUNDARY IN TERMS OF ORDER DATED 14.07.2015


BY THIS HONBLE COURT
MOST RESPECTFULLY SHEWETH:
Background
This Honble Court by order dated 13.05.2015 had directed the
appointment of a Commission, specifying the scope of the Commission
therein, pursuant to which the said Commission was executed and two
reports

filed

on

05.06.2015

and

29.06.2015

respectively.

Upon

consideration of the reports, this Honble Court on 14.07.2015 was


pleased to pass an order directing the Union of India and the State of
Assam to take corrective measures as would be evident from a reading of
the report.
The Court directs the Union of India and the State of Assam
to undertake all such corrective steps as would be warranted
on a reading of the said report which includes intensive
patrolling on the riverine borders in Dhubri and Cachar
Section; improvement of border roads, electrification of flood
lights, strengthening of BSF battalions and also the other
para military forces that guard the international border. We
would expect the Union of India and also the State of Assam

A copy of the order dated 14 July 2015 is annexed hereto and marked as
Annexure A.
The suggestions/ recommendations in the reports are set out at pages 47
to 55 of the interim report, dated 03 June 2015 and pages 6 and 7 of the
final report, dated 29 June 2015.
The salient recommendations, amongst others are as follows:
(i)

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 [I(a) pages 47, 48].

(ii)

Shifting of cattle haats 20 kms.


international border [I(b) page -40].

(iii)

Addressing vulnerable patches in areas where


international boundary runs through middle of the
river/ or takes a zigzag route [I(c) pages 48, 49].

(iv)

Relocating villagers across fenced areas and closing


the gates [II (a)page 49].

(v)

Plugging vulnerable patches of bridge and culvert


areas [II(b) page 49].

(vi)

Providing regular electricity connection to floods lights


and ensuring uninterrupted power supply. Giving
priority to border roads and flood lights [III page 49
50].

(vii)

Increasing manpower strength of effective ground


personnel [IV page 50].

(viii)

Implication of non lethal policy [V page 51].

(ix)

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. [VI page 53].

away

from

(xi)

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.

Accordingly, in terms of the timeline indicated by this Honble Court


schedule for inspection/ meeting was fixed for any period between
15.09.2015 and 26.09.2015 and both the Governments were informed by
letter dated 11.08.2015. A copy of letter dated 11 August 2015 is annexed
hereto and marked as Annexure B.
After discussion with the officials, schedule for inspection was fixed in the
week of 20.09.2015 and after proceeding to Guwahati, inspection /
meetings were held / conducted in the following order:22.09.2015

Travel from Guwahati to Silchar


Meeting with officials of District Administration in
Silchar. Report filed by Additional S.P. Silchar
disclosing number of infiltrators of this year and report
of D.C. Cachar, copy of which are enclosed hereto
and marked as Annexure C.
Meeting

with

Deputy

Commissioner,

Karimganj,

presentation made by Deputy Commissioner, copy of


which is enclosed as Annexure D.
Meeting with DIG Silchar Sector, report filed as
Annexure E.

24.09.2015

Meeting with DIG BSF, Dhubri sector, who furnished


comments on the issues raised in the letter and report
filed as Annexure F and District Administration of
Dhubri, including the Deputy Commissioner and
Superintendent of Police. Documents handed over in
the meeting with Dhubri District officials are marked
as Annexure G.
(Departure from Dhubri to Guwahati by road)

25.09.2015

Guwahati meeting with State Government Officials,


Commissioner, NRC, Additional Director General of
Police, Secretary PWD, representatives from power
distribution company and senior government officials.

Responses have been furnished by concerned Governments and


agencies on the recommendations outlined above and the scheme of the
present report is to set out the responses of various Governments/
agencies under the above said issues. Representations received from
different organisations / individuals and information received disclose
revealing facts as to the manner and mode in which such illegal migrants
entrench themselves, with overt support from Government machinery. For
the sake of convenience, the present report is divided into sections under
separate heads, set out herein below:
(i)

Demarcating/

identifying

particular

stretch

from

the

international boundary into a sterile zone in the riverine area,

(ii)

Shifting of Assam Govt. cattle haats 20 kms. away from


international border [I(b) page -40].

(iii)

Addressing vulnerable patches in areas where international


boundary runs through middle of the river/ or takes a zigzag
route [I(c) pages 48, 49].

(iv)

Observations and Suggestions

Relocating villagers across fenced areas and closing the gates


[II (a)page 49].

(v)

Smuggling on the rise


Fake Indian Currency Note (FICN)
Response of BSF Dhubri
Observations and Suggestions
Suggestion for proposed subordinate legislation

Response of State Government


Observations and Suggestions

Plugging vulnerable patches of bridge and culvert areas [II(b)


page 49].

Response of Dhubri sector


Observations and Suggestions

(vi)

Providing regular electricity connection to floods lights and


ensuring uninterrupted power supply. Giving priority to border
roads and flood lights [III page 49 50].

(vii)

Increase manpower strength of effective ground personnel (IV


page 50]

(viii)

Response of BSF

Implication of non lethal policy [V page 51].

Observations and Suggestions

(ix)

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. [VI
page 53].

(x)

Setting up of an independent inquiry/ investigation into the


manner in which illegal migrants entrench themselves in the

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.
1. Representation from Indrajit Barua:
2. Representation from Sangrami Satirtha Sammelan:
3. Representation from Jatia Nagarik Manch, Darrang:
4. Case of Kamaluddin.
5. Representation from Mr. Pradip Bhuyan:

Observations and suggestions

The Bengal Eastern Frontier Regulation, 1873.

Line system in Assam:

The Protection of Manipur People Bill, 2015:

The Manipur Land Revenue and Land Reforms (Seventh


Amendment) Bill, 2015:

The

Manipur

Shops

and

Establishments

(Second

Amendment) Bill, 2015:

RECOMMENDATIONS/ SUGGESTIONS

Recommendations/ Suggestions

Sterile zone:

Cattle Smuggling

Suggested subordinate legislative measures

Vulnerable patches
Relocating villages
(i) Plugging vulnerable patches of bridge and culvert areas [II(b)
page 49].
(ii) Providing Regular Electricity Connection
(iii) Increase manpower strength of effective ground personnel (iv

(i)

Demarcating/

identifying

particular

stretch

from

the

international boundary into a sterile zone in the riverine area,


provision of identity cards to villagers in this area [I(a) pages
47, 48].
This relates to the porosity of the riverine area, which has a long
international border, particularly in Dhubri with the Brahmaputra
(55 kms.) and incapable of being fenced, secured only by boat
patrolling. Coexistence of Indian and Bangladeshi villages on the
international boundary without any fencing/ barrier makes it a
porous border, which factual situation is acknowledged by both
the Central and the State Governments and in the Report of
05.06.2015, in line with the suggestions of the BSF, it was
recommended that in these areas particularly, a particular stretch
from the international border should be converted into a sterile
zone, devoid of human habitation by relocating Indian villages on
the international boundary. Additional aspect of issue of identity
cards to border villages, has also been raised.
Response of Assam Government
During the meeting with the officials on 25.09.2015 it was informed
that there is no proposal to issue separate identity cards for border
villages and the Assam Government will continue to rely on
Election Photo Identity Card (EPIC). During the meeting with the
Dhubri Administration on 24.09.2015 the Deputy Commissioner
indicated that a policy decision is required by the State Government
for relocation of villages located on the international boundary for

decision whether to convert it into a sterile zone or otherwise will be


the decision of the State Government.
BSF Dhubri Sector
BSF Dhubri sector has given a categorical response in the
affirmative on both the counts. As regards declaration of sterile
zone it has been said:(a) We are in total agreement with the observation and
suggestion that 150 mtrs to 500 mtrs area from the
International Border inside India should be declared sterile
zone i.e. where no habitation is permitted by relocating the
existing villages. This will be very effective steps to stop
illegal infiltration stop migration and border crimes.
(b) MHA/Assam Govt. to take action and reply since beyond
jurisdiction of BSF.
As regards issuance of identity cards it has been stated:
(a) Yes, BSF also agree that the border populace should be
provided separate Identity Proof for regulating their entry
into the main land from Char areas/ Border areas.
(b) MHA/Assam Govt. to take action in this regard and reply
accordingly.
Observations and Suggestions
Though, the operational agency guarding the border on the field is
clearly of the opinion of declaration of a sterile zone, but a policy
decision from the Central and State Government is still awaited.
(ii)

Shifting of Assam Govt. cattle haats 20 kms. away from


international border [I(b) page -40].
Shifting of cattle haats to 20 kms. away from the International
boundary, shifting of cattle impounded by the BSF away from the

transport of cattle smuggled into Bangladesh by putting cattle into


the river so that they flow alongwith the river into Bangladesh.
Three steps were suggested in this regard.
(i)

Shifting of cattle haats 20 kms. from the international


boundary to increase cost of transportation to the
international boundary for smuggling.

(ii)

Shifting of the cattle pound from the international boundary


where they are impounded and auctioned, to the hinterland
so that smugglers cannot take the cattle from the
international boundary for fresh smuggling.

(iii)

Ascertain the bonafides of purchasers of cattle in the


auction.

Smuggling on the rise


This year has seen an unprecedented increase in cattle
smuggling. A yearwise table of cattle smuggled from 2006
onwards has shown that whereas there is a decline in cattle
smuggled from 23,649 in 2009 to 2,562 in 2011, it has gone up
from 3021 in 2014 to 17,152 upto 20.09.2015. The value of cattle
smuggled in 2014 was Rs. 1,89,35,080.00 and in 2015 upto
20.09.2015

the

value

of

cattle

smuggled

has

been

Rs.13,80,82,645.00 as per chart provided by BSF Dhubri sector.


(Annexure F). The BSF Dhubri sector have further provided
news reports for Bangladesh newspaper which also testify to the

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Fake Indian Currency Note (FICN)


Fake Indian Currency Note smuggling and cattle smuggling are
interrelated, as detailed in earlier report of 05.06.2015, payment
for cattle being made in genuine Indian currency as well as in
FICN and in this regard on 20.08.2015 a cattle smuggler from
India was caught with Rs. 7,45,000/- in his possession, the details
of which are provided in (Annexure F)
Response of BSF Dhubri
According to the BSF Dhubri sector, to tackle cattle smuggling
effectively, the only way is to adopt the above measures as
recommended and furthermore to stop movement of cattle from
rest of the country into Assam. Response of Dhubri Administration
is telling. According to the report filed by the Veterinary Officer of
Dhubri in the present year the number of cattle coming in through
in the border check post at Dhubri has shown decline and barring
31 in August has been Nil in June, July and September
(Annexure G).

In contrast the BSF figures of cattle caught,

which they say will be 30% to 40% of total volume smuggled /


attempted to be smuggled, has shown a sharp increase for the
last three months.
As already stated in the earlier report of 05.06.2015, there being
no law to prohibit said movement of cattle, the police and civil
authorities resort to use of statutes regulating cruelty to animals,

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deterrent. The view of the District Administration is that unless


there is a clear legislative mandate prohibiting cattle movement,
they can only stall and not prohibit such movement. It is informed
by the CEO of the Dhubri Zila Parishad that the decision to shift
the cattle haats has to be taken by the State Government and the
Dhubri Zila Parishad, which is awaited. The office of the Assistant
Commissioner of Customs has categorically opposed the shifting
of cattle from the pound in the international border by giving
multiple reasons in communication of 22.09.2015, inter-alia, cattle
being in border outpost in riverine areas, transportation will be
difficult

as

it

will

require

boats,

huge

manpower,

high

transportation costs, risky for weak cattle during the transportation


as also require security personnel to guard the seized cattle. In
other words, the Customs Department is opposed to shifting the
custom haats from the international border to inside.
Observations and Suggestions
(i)

Cattle smuggling has shown a phenomenal increase this


year, over the last few years and it is therefore imperative
that the shifting of the cattle haats, customs impound centre
on the international border and having a system of
ascertaining

credentials

implemented

immediately,

of

auction
rather

purchaser,

than

being

be
mere

proposals on paper.
(ii)

The gap in the value of cattle seized as ascribed by the

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(iii)

The objection of the Customs is in the teeth and face of the


huge menace and not a constructive response at all. If the
cattle were to be shifted and auctioned from somewhere,
say 50 kms. from the international border, it will
automatically increase the cost of transportation for the
smugglers and doubtless be an effective deterrent, rather
than cattle be auctioned and released from the pound on
the international boundary, enabling any smuggler to
merely buy such cattle at a nominal rate and then make
fresh attempts at smuggling. In the earlier report it has
been already said that the BSF has caught the same cattle
being smuggled several times. The main hurdle according
to the administration is the lack of effective laws to tackle
this menace, in this regard there is the following suggestion
to offer.

Suggestion for proposed subordinate legislation


The issue of lack of legislation enabling the executive to
check such cattle smuggling appears to be the main hurdle.
The primary problem is the movement of cattle from the rest
of India into Assam and West Bengal, being bordering states
of Bangladesh. In this regard, it is possible to amend existing
subordinate legislation under Prevention of Cruelty to
Animals Act, 1960. Under this Act, rules have been framed
for transport of animals and transport of animals on foot. The
Transport of Animals Rules, 1978 and The Prevention of

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respect of transport of diseased animal in both the rules, one


relating to motorised transport and the other by foot.
According to Veterinary Officer, Dhubri, usually it is
unproductive cattle those above to 10 -12 years or young
male cows which are used for smuggling. It is possible to
amend the rules by insertion of a new rule prohibiting /
restricting the interstate transfer of cattle in respect of such
specified categories. According to the officer the age of
cattle is identifiable from different physical parameters.
This issue has caught the national attention and also a source of
stifle between different communities and amendment of an existing
subordinate legislation will not entail much of an effort.
(iii)

Addressing vulnerable patches in areas where international


boundary runs through middle of the river/ or takes a zigzag
route [I(c) pages 48, 49].
In this regard the Dhubri sector of the BSF which has a large open
riverine border has said that effective ground personnel for
patrolling riverine areas is inadequate and one additional Battalion
is required in the Dhubri sector in addition to the present three
battalion and for which a proposal dated 22.07.2015 has already
been made to the Ministry of Home Affairs.
Observations and Suggestions
This issue has two facets, conversion of areas with open riverine
international boundary into sterile zone, coupled with additional
Battalion. It is now for the Ministry of Home Affairs to take a

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had a workshop in June, 2013 and technical measures to conduct


surveillance in such open areas, for different BSF sector, including
the Dhubri sector have been suggested. Given the scale of the
open riverine area, it was the suggestion of the BSF Dhubri sector
that such technical innovation on international border be installed
vigorously. A copy of the minutes of the workshop as also
requirement of different sectors, including Dhubri sector is
annexed hereto and marked as Annexure H.
(iv)

Relocating villagers across fenced areas and closing the gates


[II (a)page 49].
In this regard the response of BSF to this suggestion has been
endorsed by the BSF Dhubri sector where it has been stated that it
would be in the larger interest of national security, to relocate/ resettle these villages in the hinterland by the Assam Government in
the light of recommendation made in the report.
Response of State Government
It appears that the issue of relocating villagers living across the
fence before the international boundary had already occupied the
Karimganj District Administration who had way back in 26.03.2013
made a detailed proposal for relocation of ten villages and which
was done without undertaking of a survey of the villages, the socio
economic condition, provision of financial assistance etc. which
provide a strong policy base for any future action. The Dhubri
District Administration informed that they were undertaking a survey

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Observations and Suggestions


1. The communication of 26.03.2013 from the Deputy Commissioner
Karimganj to the Government of Assam is instructive as it is a
detailed proposal after empirical study of villages across the fence,
for relocating them inside the fence and which takes into account all
possible factors, including socio economic condition of families. It
appears that this proposal was not acted upon by the Assam
Government and this document can form a benchmark for
relocating these villages.
2. BSF Silchar Sector have said, site also shown on inspection, that
3.5 KM gap in fencing in Karimganj town has commenced
construction from 01 August, 2015 western towards bridging the
gap.
(v)

Plugging vulnerable patches of bridge and culvert areas [II(b)


page 49].
The large number of water bodies on the international boundary
and presence of bridges and culverts are vulnerable for infiltration
and has been pointed out in the earlier report of 05.06.2015.
Response of Dhubri sector
According to the Dhubri sector there are 50 unfenced gaps in the
sector out of which 34 are due to culverts built over nallahs. As far
as these 34 are concerned, inspection has already been taken
place in December/ January 2015 and proposal for construction of
sluice gates and the like The remaining 16 gaps (approximately 50

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Observations and Suggestions


While the proposal has been initiated and inspections undertaken
timelines need to be provided towards execution and completion of
the proposal. It appears that financial sanction has not yet
happened for proposals and where decision needs to be taken.
(vi)

Providing regular electricity connection to floods lights and


ensuring uninterrupted power supply. Giving priority to
border roads and flood lights [III page 49 50].
There are two aspects here, firstly energising the border flood lights
installed, which has not been done in both the sectors i.e. Dhubri
and Silchar. The status as furnished by the Assam Power
Distribution Company Limited is as follows:
(i)

For the two electrical circles of Badarpur and Silchar, in the


Silchar sector there are issues of retendering, of monsoons
etc. and it has been indicated that by June, 2017 the entire
process of complete installation of electric sub-station line
and emerging the flood light will be completed (Annexure
F).

(ii)

As far as the Dhubri sector is concerned, it was informed in


the meeting that in the Dhubri District segment they expect
to energise the line by December 2015 and in the
Mankachar sector the lines are expected to be energised
latest by 31.03.2016.

(vii)

Increase manpower strength of effective ground personnel (IV


page 50].

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Response of BSF
BSF Dhubri sector have said that they have raised the demand for
an additional Battalion as there is inadequacy of effective ground
personnel. As far as the response of the State Government is
concerned, as regards the case for full fledged river Police Battalion
made by the S.P. Dhubri in presentation in the first inspection and
accordingly suggested in the report of 05.06.2015, no response is
forthcoming on this issue from the State Government.
(viii)

Implication of non lethal policy [V page 51].


As regards the non lethal policy practiced on the frontier in the
international boundary by the BSF and restricted use of force while
dealing with infiltrators / smugglers and which was a handicap
observed by the field unit. The response of the Dhubri sector is
interesting and is extracted below:
(a) Non lethal Weapons are being used as per policy of
FHQ/ HQ SPL DG(EC) to reduce death cases of both Indian
and Bangladesh miscreants/ Smugglers and also to avoid
unnecessary Human rights violations. This is also seen in
view of improved relations between India and Bangladesh
Govt. However depending upon the situation, options is
always left with Jawans to use fire arms in self-defence
depending upon situations. And this practice is going on in
the AOR of Ghty FTR.
It is towards reducing death cases of smuggler that this policy has
been adopted and also to avoid unnecessary human rights
violations.
Observations and Suggestions
It is obvious that this policy is to reduce death of miscreants/

18

national security. The Ministry of Home Affairs in the earlier round


also did not respond to a query in this regard. It is suggested that
this Honble Court may ascertain the view of the Ministry of Home
Affairs in this regard, as also the implication of following a non
lethal policy.
(ix)

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. [VI
page 53].

Issues (ix), (x) & (xi) are interrelated and arise out of the manner in
which illegal migrants entrench themselves in the State, acquiring
citizenship rights and concomitant benefits and in the report of
05.06.2015 (Pg. 51 to 54) and 29.06.2015 (Pg.6 to 7) this issue has
been dealt with. The said issues are extracted herein below:
(x)

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.

(xi)

Examining electoral rolls for un-natural increase and growth in


population, including entry of new house-holds/ individuals
into the electoral roll suddenly.

(xii)

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.

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As stated in the earlier report of 29.06.2015, the State Government


had said that:
The population in the Indo-Bangaldesh Border has
similar language culture way of living and religion
resulting in great difficulty in identification and tracing
of the migrants.

This Honble Court in its judgment of 17.12.2014 has noted the


statement of Minister of State for Home Affairs in Parliament that as
of 31.12.2001, there were 50.00 lakhs illegal immigrants in Assam.
The relevant extract of the said judgment at Paragraph 16 reads as
follows:
16.

On 14th July, 2004 in response to an unstarred

question pertaining to deportation of illegal Bangladeshi


migrants, the Minister of State, Home Affairs, submitted a
statement to Parliament indicating therein that the estimated
number of illegal Bangladeshi immigrants into India as on
31st December 2011, was 1.20 crores, out of which 50 lakhs
were in Assam.
The updating of the National Register of Citizens (NRC), will only
identify Indian Citizens residing in the State, however, the issue of
identification of foreigners still remains and which is an exercise
required to be undertaken in terms of the tripartite agreement
between the Central and the Assam Government and the
organizations leading the Assam agitation, resulting in the Assam
accord of 15.08.1985, in terms of Clause 5.8, which reads below:-

20

It is in the above background that suggestions was made of setting


up an independent inquiry/ investigation as to the manner in which
foreigners entrench themselves, unearthing nexuses, examining
electoral rolls, over a period of time to detect unnatural increase
and growth in population, new entrants, new households, raising
doubts about their nationality and this is all the more important in
the context of the verification process required to be carried out in
respect of the documents submitted during the updating of the
National Register of Citizens.
Response of State Government:
The State Government has given no response to these issues
relating to the inquiry and investigation in the manner in which
illegal migrants entrench themselves. In the meeting the State
Government Officials on 25.09.2015 the State coordinator of NRC
Mr. Hajela was also present. According to him the biggest
challenge in the verification process of the applications filed in the
updating of NRC, is verification of antecedents of the Applicant.
The endeavour of any illegal migrants is to locate an eligible
parent, available in the official record before 1971. According to
him the computer programme / software is designed to show the
names of all applicants who trace their ancestry to one person prior
to 1971. As intimated by him they propose to tackle this by
confronting all those who claim lineage from one person with the
actual descendants, the most natural and full proof method of

21

who claim lineage is that there is nothing to stop the actual


descendants from charging a premium and certifying the false
claimants.
Representations received
Though the State Government has denied taking any decision or
any steps in the process, however, three representations received
from different individuals and organizations throw considerable light
on the various nexuses at work in enabling illegal migrants to
entrench themselves as citizens. The representations received are
as follows:6. Representation from Indrajit Barua: Mr. Barua is an eminent Civil
Engineer and has undertaken several studies on illegal migration
as well as instituted several cases in this regard, one of those
cases on the Disturbed Areas Act being reported as Indrajit Barua
vs. State of Assam ( (1985) 4 SCC 722). He has also undertaken a
statistical analysis of the change in demographic pattern and by
extrapolating population growth figures, has arrived at the finding
that indigenous population will become a minority by 2047 Mr.
Barua has along with his representation enclosed a factual analysis
of the unnatural increase in population in Boko Legislative
Assembly constituency, and one village abutting Kaziranga
National Park. Mr. Barua took the electoral rolls from 1971 till
1997in this assembly constituency, analysed different polling
stations for increase in electors and the results are revealing:-

22

percentage of voters has increased from 80% to 2135% and


in most cases the number of electors having more than
doubled.
(ii)

For one polling station abutting Kaziranga, Najan Polling


Station, Village Kuthori between 1979 to 2015 the number of
Hindu voters showed an increase of 132.407% and Muslim
voters increase by 409.76%.

Mr. Barua has suggested that in view of the disproportionate


increase in population and no institutional / governmental measures
to tackle such infiltration and entrenchment, measures like land
reservation and reservation in government jobs for those who are
Indian citizens in 1951 should be put into place. Representation
from Mr. Barua is enclosed as Annexure I.
7. Representation from Sangrami Satirtha Sammelan: A citizens
organization based out of Sipajhar, which is in the North bank of the
Brahmaputra, across Guwahati (which is in the South bank) in
respect of huge tracts of government land, admitted by the State
Government to be under the encroachment of persons of doubtful
nationality. Copy of Representation from Sangrami Satirtha
Sammelan is enclosed as Annexure J.
At the outset, I must say that on the above mentioned facts a case
under the Assam Land Grabbing Act 2010 has been filed, where I
hold a pro-bono brief for the Applicant, and the admitted facts are
based on official documents are revealing. The case is pending

23

Court has taken cognizance of the complaint and reports have


been called for from the civil authorities, but the facts are telling.
The case has been instituted on the basis of admitted facts of
encroachment by the Circle Officer (equivalent to Tehsildar),
Sipajhar of Darrang District. The facts stated in the representation
are as follows:a. An RTI Application was filed by one Shri N. Kalita in April
2013 before the Circle Officer, Sipajhar seeking details of
Village Grazing Reserve (VGR) and Professional Grazing
Reserve (PGR) lands in Sipajhar circle. The response was
furnished by the Circle Officer on 22.05.2013 saying that in
the riverine areas of Sipajhar Circle there were 77,420
bighas of VGR and PGR land (around 26,000 acres). It is
also relevant to note that the RTI response also said that in
PGR land no Patta / land holding rights can be conferred as
such lands are meant only for the purpose of grazing of
cattle and not for settlement upon any individual or group.
b. A second RTI application on 01.08.2013 elicited a response,
reiterating that PGR land cannot be given settlement to
anyone and out of the 77,420 bighas of land, 3000 bighas is
PGR land.

c. The most pertinent response is the response to the last


query where it has been stated that all of the 77,420 bighas

24

elicited a response that in this 77,420 bighas of land there


are 32 government schools, out of which nine schools are
on PGR land.

e. In this regard, it is further relevant to note that under The


Settlement Rules, 83 to 96 of the Assam Land Revenue
Regulation, 1886 PGR, Land cannot be allotted for any
purposes other than grazing.

f. The representation furthermore furnishes photographs of


the area showing extensive habitation and presence of
government schools and health centres.

g. Two official documents have also been enclosed, one is a


communication of 23.12.1993 which relates to an inquiry
being conducted into allotment of land to certain persons in
this

area

without

screening

their

nationality.

The

communication is from the Secretary, Department of


Revenue, Government of Assam to the Commissioner,
North Assam Division, Tezpur, within whose jurisdiction
Sipajhar circle falls. While directing the institution of an
inquiry and spot verification it was observed in this
communication but the D.C. has not screened the
nationality and eligibility of the allottees before issuing the
allotment order. ADLR has also reported that the D.C.
Darrang had allotted the land without verification of

25

professional greedier in grazing their cattles. .. Therefore,


I request you kindly inquire into the allotment of land to the
non Indians. .

h. Pursuant to the inquiry there was a further direction by order


dated 09.05.1994 from the Revenue Department to the
Deputy Commissioner, Darrang directing immediate eviction
from this area. The said order reads as follows:
I am directed to say that it has been seen from an
enquiry report an allotment of Phuhuratali P.C.R. land
in Darrang District submitted by the Commissioner
North Assam Division, Tozpur vide his D.O. No.
CHA/Con.1/94/26 dated 18.2.94 date the allottees are
all non-eligible person. They are also not from
Darrang Dist., even the as per their claims that they
are claimed to be landless, erosion, affected people
from the district of Kamrup, Nalbari, Barpeta,
Goalpara and Dhuburi. They have not been able to
produce the eligibility certificate from the concerned
Deputy Commissioner so far as asked for in the
allotment order, although one year from the date of
year

has

elapsed.

Those

allotments

cancelled

automatically with effect from 12.1.94 as none of the


allottee could furnish the illegibility certificate within a
period of one year as stipulated in the order of the
Deputy Commissioner Darrang. The Commissioner
North Assam Division has further stated that the
entire areas including Dag No.6 and 7 which even as
per the present revenue records is within the P.G.R.
under the occupation of the people, who are mostly
outsiders and not from the locality. The purpose for

26

Under the above circumstances, you are requested to


remove all those persons from the area including the
allotted who are not eligible for allotment, as they are
causing nuisance to the people and the graziers of
the locality.
You are therefore, requested you to take immediate
step for eviction of all persons from the aforesaid area
and make the land from encroachment. Action taken
on removal of encroachment may please be intimated
to the govt. immediately.
The above correspondence and eviction order discloses the entire
nexuses and the manner in which illegal migrants occupy
government / grazing lands, as has been observed in the
communication of 09.05.1994 which is also an eviction order, till
date not executed, that typically such illegal migrants pose as
landless, erosion affected people from other districts of Assam and
thereby successfully obtain allotment in other areas.
i. After receipt of RTI queries, two representations were made
to the Deputy Commissioner Darrang one of 21.09.2014
and second dated 07.10.2014 seeking urgent removal of
encroachers, the only response was to seek a report from
the Circle Officer.
It appears that inspite of such strong observations and the
eviction order, the same has not executed and numbers
have only grown.

27

however, on nine dates the matter has been taken up with


no effective progress.

k. On 31.07.2015 the Circle Officer filed a report furnishing


names of only 215 encroachers, whereas the electoral rolls
for the same area show 2576 number of households in only
1700 bighas of PGR land Dholpur 1, population will be in
excess of 10,000/-.
l. The above facts reveal the following:
i.

Admittedly, encroachment has been going on for the


last more than 25 years and admittedly these
persons are non-Indians as evident from official
correspondence and have displaced traditional
grazers and local people.

ii.

Despite

the

land

being

admittedly

under

encroachment, nevertheless all government facilities


including schools, health centres and polling stations
are available in this area.

iii.

Rules 83 to 96 of the Settlement Rules under the


Assam Land Revenue Regulations, 1886, are clear
that in respect of grazing lands, No person shall
occupy any part of such grazing grounds for
purposes other than grazing (Rule 95) and penalties

28

encroachment, but Government have set up schools


and other facilities for encroachers on such land.

v.

In 1971 which is the cut-off year for grant of


citizenship (24.03.1971), for the migrants from
Bangladesh into India, there were no polling stations
in this area, it is stated that the first polling station
was established in 1985 and the number of electors
in this area is now in the region of 25,000/-

8. Representation from Jatia Nagarik Manch, Darrang: Another


representation has been received from the above organization
which again relates to 5000 bighas of land in a riverine area
adjacent to the area mentioned above and which was occupied
suddenly, overnight on 15.09.2015. Darrang District has two
revenue circles Sipajhar and Mangaldoi both of which are
contiguous and have a riverine border with the Brahmaputra, which
is where migrants usually settle. As disclosed in the representation,
on 15.09.2015 in this particular area, number 2 Hetow overnight
some 300-400 persons illegal migrants of Bangladeshi origin came
and forcibly occupied part of the land. The land has been cultivated
by the local population by the last 50 years and the land revenue
also been paid. According to the representation despite a police
complaint being lodged neither the Deputy Commissioner nor the
S.P. have undertaken any action to restore the land. Copy of
representation from Jatia Nagarik Manch, Darrang enclosed as

29

petitioner as a foreigner in the said case assailing an order of


deportation. This case is instructive and reflective of the situation
prevailing on the ground as the petitioner who was detected and
found to be an illegal migrant/ foreigner under the rigorous IMDT
Act regime, since set aside. The petitioner in the said case had a
passport issued in Pakistan on 02.11.1994, the relevant extract of
which at Paragraph 4 reads as follows:The State of Assam has produced passport issued
by the Government of Pakistan, in the name of the
Petitioner and that passport shows that before arrival
in India, the Petitioner was travelling from Karachi to
Bangladesh. That passport was issued on 02.11.1994
by the Government of Pakistan.....

Thereafter, he procured a passport No. 0-822363 by illegal means


and entered into India (Assam), in Bangladesh.
In Paragraph 2 it is recorded that the Petitioner claims to own land
in a particular village, in Nagaon District his name was inserted in
the electoral roll and even contested an Assembly election. Now
the relevant extract at Paragraph 2 reads as follows:The case of the Petitioner is that he is a citizen of
India and resident of Village Kapashbari,
P.O.Murajhar, District-Nagaon. It is also claimed that
he possesses land at the particular village. It is further
asserted by the Petitioner that no name was inserted
in the electoral roll as published from time to time.
The Petitioner even contested the last Election in the
year 1996 from No. 90, Jamunamukh Legislative
Assembly Constituency.

30

The above person possessing a Pakistani and Bangladeshi


passport nevertheless owned his own land and contested an
Assembly Election.

Copy of the judgment dated 27.01.2000 passed by the Honble


Guwahati High Court in Civil Rule No.2501 of 1998 is annexed
herewith and marked as Annexure L.
10. Representation from Mr. Pradip Bhuyan: A representation has
been received from Mr. Pradip Bhuyan, a senior citizen and who
has been offering suggestions in respect of the modalities to be
followed in the NRC updating process. As regards NRC verification,
Mr. Bhuyan has proposed a modality for investigation, to stringently
screen post-1971 Bangladeshi foreigners who are applying,
masquerading as Indians. What he has proposed in short is a
residential family history relating back to 1970, i.e. where has the
applicant / father / grand-father resided in the last 45 years. This
residential family history is easily verifiable from the village
censuses, particularly of 1971 and documents already notified. Mr.
Bhuyan in his representation has set out the modality proposed by
him, which he says is entirely in consonance with the procedure
laid out for verification.
Copy of the representation from Mr. Pradip Bhuyan is annexed as
Annexure M
Observations and suggestions

31

all the three representations are indicative of the manner in which


illegal migrants of doubtful nationality have managed to entrench
and establish themselves in the state.
The salient facts which emerge from the above three cases is that:
1. In Boko Assembly Constituency, out of 14 identified polling
stations from 1971 increase in number of electors over a 26
years period has been in the region of 80% to 2135% for
different polling stations. Such sudden influx of electors,
registering them as such without ascertaining their nationality
discloses active participation of State agencies in this regard.
Needless to state, these areas have also been given all
government facilities like schools, health centres, agricultural
centres etc. and according to reports received a large part of
Boko which is also tribal belt, there has been considerable
encroachment.
2. The encroachment in the 26,000 acres of land in Sipajhar circle
of Darrang District, inspite of government records disclosing that
the encroachers are of non Indian origin / persons of doubtful
nationality and despite eviction orders being passed, on paper,
with the connivance and support of the persons in authority,
those persons are unlawfully using and occupying the lands and
they have only grown in number and all facilities to which
citizens are entitled have been extended to them including
voting rights despite the government being fully in the know that

32

directions of this Honble Court of 14.07.2015 to act upon these


suggestions has chosen not to furnish any response.

4. In the face of such glaring facts, continued aggression of illegal


migrants, changing the demographic pattern, what are the
options available, more so when the government and its
agencies act only for the benefit of such migrants. It is
instructive to note that there has been a sharp increase in the
Muslim population in Darrang district between 1971 to 2001.
The two representations from Sipajhar and Mangaldoi are from
Darrang district. The illegal migrants being largely Muslims, the
percentage of increase in Muslim population is a benchmark for
the increase in migrant population and has been noticed by this
Honble Court in its judgment of Sarbananda Sonowal (I),
Sarbananda Sonowal (II) and the judgment in the present case
rendered on 17.12.2014. In Darrang district, the percentage of
Muslims in 1971 was 23.9%, going up to 35.59% in 2001, the
religious demographic figure for the census of 2011 in terms of
a district wise figures are not yet available, however, the overall
Muslim population in the State has increased from 30.9% in
2001 to 34.23% in 2011.
5. The Assam accord of 15.08.1985 was a solemn commitment
and

undertaking

by

the

Central

Government

and

the

Government of Assam to identify and expel foreigners, but as


already stated, out of estimated 50 lakhs infiltrators in 2001

33

6. Neither the Central Government nor the State Government have


taken any steps whatsoever to identify foreigners, updating of
the National Register of Citizens (NRC) will only identify the
citizens.

The affidavit filed by the Central and State Governments before


this Honble Court do not disclose any steps which either of the
Governments

propose

to

undertake

towards

identifying

foreigners and clearing under encroachment as already stated


herein above. Identification of foreigners and clearing of
Government land and land in tribal belt of encroachers are
solemn undertakings given by both the Governments in the
Assam Accord in Clauses 5.8 and 10 respectively which read as
follows:
5.8. Foreigners who came to Assam on or after
March 25, 1971 shall continue to be detected, deleted
and expelled in accordance with law. Immediate and
practical steps shall be taken to expel such
foreigners.
10.
It will be ensured that relevant laws for
prevention of encroachment of government lands and
lands in tribal belts and blocks are strictly enforced
and unauthorised encroachers evicted as laid down
under such laws.
Under the terms of the Assam Accord the responsibility for
identifying a foreigner, clearing land of encroachment was
the obligation undertaken by both the Central and State
Government and even though Foreigner Tribunals have
been set up under orders of this Court in Sardananda-I,

34

7. In this situation of government, not implementing the Assam


accord. Mr. Indrajit Barua has suggested a protective cover
/shield for genuine Indian citizens in Assam in the form of
restrictions on land transfer and reservation in Government jobs.
He has suggested the introduction of an Inner Line permit or
that all those who figure in the 1951 National Register of
Citizens in Assam, all those who have been residents of Assam
in 1951 and any person who has been an Indian citizen in 1951
residing in any part of the country, their progeny and successors
should be the only ones entitled to purchase of land in Assam or
any allotment of land by the Government. He has also
suggested reserving government jobs and employment in any
agency of the State, applying a similar benchmark.
8. This kind of reservation for indigenous inhabitants / restrictions
on outsiders to the North East is not new to this area and more
specifically to the tribal areas in Assam as well. In fact, even in
respect of Assam as early as 1920s, upon seeing the effect of
large scale migration, encouraged by the All India Muslim
League at that time, the officials of the British Government took
steps to restrict the land and area in which the migrants from
East Bengal could settle, for indigenous non tribals as well the
Regulations from time to time are set out in brief herein below:

a. The Bengal Eastern Frontier Regulation, 1873.

35

Kamrup, Darrang, Nowgong, Sibsagar and Lakhimpur, in


present day Assam. Restrictions in the Regulations are
two fold, firstly an inner line would be prescribed in each
of the Districts (Regulation 2), pursuant to which the
State Government may then restrict any persons residing
or passing through such district from the going beyond
such line without a pass, violation of which would invite
imprisonment upto a year (Regulation 3). Secondly, no
interest in land or the product of land beyond the said
Inner

Line

without

the

sanction

of

the

State

Government can be acquired by any person not being a


native of the Districts comprised. These regulations still
continue to govern these areas and as recently as
08.09.2006 the Mizoram Government issued guidelines
under the said Regulations.
Copy of the Regulations of 1873, including the Guidelines
framed by the Mizoram Government of 08.09.2006 are
annexed herewith and marked as Annexure N.
b. Line system in Assam: During the early part of the
nineteenth century mass migration of cultivators from
Mymensing District of East Bengal into the plains of
Assam was encouraged by the British Government and
the All India Muslim League Governments. Such
migration as it affected the indigenous culture and

36

described very succinctly by Bodhi Sattwa Kar in an


Article titled British Colonial Policy of Line System &
Immigration Issue in Assam (1911-1931) in the following
words:Under Line System the Villages in Nowgong were
divided into four categories-(1) exclusively occupied
by immigrants; (2) exclusively reserved for Assamese;
(3) mixed villages in which there both immigrants and
Assamese; and (4) line villages in which a line has
been drawn on the Assamese side of which no
immigrant was allowed to settle.
The

first

restriction

was

applied

only

to

Mymensinghias. But immigrants from other districts of


Bengal started coming in. In 1924, by an order of Mr.
Thomas the word Mymensinghia was dropped and
the term immigrant was substituted to include all
immigrants.
Copy of the Article published in the Echo titled British
Colonial Policy of Line System & Immigration Issue in
Assam (1911-1931) is annexed herewith and marked as
Annexure O.
c. After

independence

the

Assam

Land

Revenue

Regulation was amended by insertion of Chapter X and


insertion of Sections 160 to 171 to provide protection of
certain classes of people who on account for their
primitive condition and lack of education or material

37

such people. Under Section 164, there is a bar on


transfer of land to the class other than that defines in
Section 160. These provisions are made applicable to
areas where tribals are predominantly residents.
d. In fact, in other north eastern states which are
predominantly tribal like Arunachal Pradesh, Nagaland,
Mizoram, Meghalaya there is a restriction on transfer of
land to those who do not belong to the State and the
Bengal Eastern Frontier Regulations, 1873 are applicable
which restrict land alienation and in Meghalaya the
applicable

Act

is

Meghalaya

Transfer

of

Land

(Regulation) Act, 1971. Copy of Meghalaya Transfer of


Land Regulation Act is annexed hereto and marked as
Annexure P. The only State like Assam which has a
large non tribal population is Manipur and Manipur in
terms of land settlement is geographically divided into
two parts, the hill areas where there is restriction of
alienation of land to non tribals and the Imphal Valley
where there are no restrictions on land transfer.
e. Even Manipur has now initiated the process of restriction
on land transfer. Large scale migration of suspected
illegal migrants into Imphal Valley, Manipur has led to a
public agitation resulting in the Manipur Legislative
Assembly (MLA) passing three enactments:

38

people and thereby bringing into place a


system akin to the inner line system which
had been repealed in 1950. The relevant
extract from the objects and reasons reads
as follows:
The population growth rate of Manipur
is found to be higher than that of India.
Before the merger of Manipur to India
on 15.10.1949, the entry into Manipur
was regulated by imposition of a permit
system.
abolished

That
w.e.f.

permit

system

18.11.1950

was
by

notification issued by the then Chief


Commissioner of Manipur. Since then,
there is no restriction on the entry by the
citizen of India. The increase in the
population has caused a panic in the
mind of the people of Manipur. Of late, a
mass movement by the people of
Manipur of losing their existence can be
done away with a reasonable restriction
in the influx of Non-Manipur people.
Further, the Non-Manipur people who
intended to stay in the State as tenants
need to be regulated with certain
reasonable restrictions.

The said bill defines Manipur people as


those whose names are in the National

39

Manipur people [Section 2(c)]. Under


Section 4 there is a requirement for
registration of all Non-Manipur persons
entering the State and under Section 5
even for tenants who are Non-Manipur.

(ii)

The Manipur Land Revenue and Land


Reforms (Seventh Amendment) Bill, 2015:
By this Bill there are restrictions on purchase
of land by a Non-Manipur person and
purchase of land by a Non-Manipur person
requires permission of the State Cabinet
[Section 14A(4)].

(iii)

The Manipur Shops and Establishments


(Second Amendment) Bill, 2015: Under this
Act every employer is required to register the
names and particulars of every employee.
Copies of the enactments The Protection of
Manipur People Bill, 2015, The Manipur Land
Revenue

and

Land

Reforms

(Seventh

Amendment) Bill, 2015 and The Manipur


Shops

and

Establishments

(Second

Amendment) Bill, 2015 are annexed hereto


and marked as Annexure Q (Colly).
(iv)

It is relevant to note that the Inner Line Permit

40

f. It is believed that the bills are pending assent of the


Governor/ President.
9. As far as Assam is concerned the fact and implications of
demographic change owing to migration from erstwhile East
Pakistan/ Bangladesh has been very exhaustively documented
by this Honble Court in its three judgments of:
a. Sarbananda Sonowal v. Union of India (2005) 5 SCC 665
b. Sarbananda Sonowal (II) vs. Union of India (2007) 1 SCC
174
c. Assam Sanmilita Mahasanga v. Union of India (2015) 3
SCC 1
This Honble Court taking judicial notice of the fact of
demographic change has in Sarbananda I, after discussion
in Paragraphs 50 to 62 has held in Paragraph 63 that the
State of Assam is facing external aggression and internal
disturbances, in terms of Article 355 of the Constitution,
contributing to insurgencies. It has also been noted by this
Honble Court in paragraph 62 as under:Pakistans

ISI

is

supporting

militants

very
in

active
Assam.

in

Bangladesh

Muslim

militant

organizations have mushroomed in Assam. The


report also says that this can lead to the severing of
the entire landmass of the North-East with all its
resources from the rest of the country which will have
disastrous strategic and economic consequences.

41

character of that region and the local people of Assam have


been reduced to a status of minority in certain districts. and
thereafter has held in Paragraph 71 that Undoubtedly,
Article 29(1) confers a fundamental right on all sections of the
citizens residing in the territory of India or any part thereof
having a distinct language, script or culture of its own to
conserve the same and any invasion of this right would be ultra
vires.
11. What has been held by this Honble Court more than 10 years
ago still holds good on the ground, in fact the situation has
become worse as will be evident from the facts set out in the
representation hereinabove. Inspite of all these facts being
within the knowledge of the Central and State Governments, the
influx into Assam and into new areas of Assam continues
unabated and inspite of being patently illegal, Governments
have gone out of their way to support foreigners in direct
contravention of rights of citizens and indigenous inhabitants. As
has been rightly observed by this Honble Court in terms of
Central Government Affidavit in Sarbananda Sonowal-1, that
there

are

interested

religious

and

political

elements

encouraging immigration. In this situation, when successive


governments have failed, or rather encouraged immigration, the
only option that therefore remains is a protective cover.
Moreover by executing the Assam accord and consequent
amendment to the Citizenship Act, the burden of 23 years of

42

12. The primary reason for which illegal migration occurs is hunger
for land, the population density of Bangladesh, subject of
perennial floods is 1222 (2014) per square ki8lometer and the
population density of Assam is 397 (2011) as opposed to 382
per square kilometre for the rest of the country. If the migrant
can be deprived of land it will be an effective deterrent to any
migrant for any further migration or for existing illegal migrants
to go back to Bangladesh through the porous border. It is
therefore proposed as follows:a. There should be a restriction in transfer of land, whether
by way of sale, purchase, gift or any other such
transaction or by way of allotment from government or
any other agency only to those who have been citizens of
India in 1951 and their descendants in 1951. The
benchmark date can be the date of publication of the
National Register of Citizens in Assam in 1951. In other
North Easter States land transfer is restricted only to
those belonging to the state for protection from outsiders.
In Assam, threat is not from Indian Citizens but from
Migrants from Bangladesh.
While the existing tribal belts in Assam have restrictions
on transfer of land to non tribals, excepting those non
tribals who were residents in such tribal belts/ block at
the time of their constitution, this protection is not

43

executive Notification can reduce, de-notify or alter the


area of a tribal belt/ block. This has to be put beyond the
pale of any executive interference.
Unlike, the other North-Eastern states which have a
predominant tribal composition and protection has been
accorded in various forms, in Assam it is available as
already stated above only to tribal belt/ blocks. It is
imperative that the same now be extended to non-tribal
areas as well.
This is the only manner in which the illegal migrants can
be staved off from acquiring land through all means, the
favourite mode being to pose as erosion affected persons
from other districts with the aid and assistance of a
complicit and corrupt administration.
b. The huge influx over the years has created a huge
immigrant population which competes for jobs, in
government institutions with Indian citizens, without
verification of the antecedents of such Non-Indians. It is
therefore, necessary that for an effective deterrent for
any illegal migrant and protection of the indigenous
inhabitants that the same benchmark for transfer of land
be adopted for provision of employment in all the three
wings of the States in Assam.
13. It goes without saying that above measure will require

44

14. RECOMMENDATIONS/ SUGGESTIONS


Observations and suggestions have been set out under the
different heads hereinabove, the same are set out herein below
for the sake of convenience in comprehensive manner, with
additional recommendations.
(i) Sterile zone:
Though, the operational agency guarding the border on the
field is clearly of the opinion of declaration of a sterile zone,
but a policy decision from the Central and State Government
is still awaited. In the last two months neither of the
governments have intimated their views in this regard and
this Honble court may ascertain the same.
(ii) Cattle Smuggling
Cattle smuggling has shown a phenomenal increase this
year, over the last few years and it is therefore imperative
that the shifting of the cattle haats, customs impound centre
on the international border and having a system of
ascertaining

credentials

of

auction,

purchaser

be

implemented immediately, rather than being mere proposals


on paper.
(iii) The gap in the value of cattle seized as ascribed by the BSF
and as realised by the Customs authorities needs to be
addressed urgently as gap is excessive and customs need
to revise the reserve prices and have a fair value of the

45

cattle were to be shifted and auctioned from somewhere, say


50 kms. from the international border, it will automatically
increase the cost of transportation for the smugglers and
doubtless be an effective deterrent, rather than cattle be
auctioned and released from the pound on the international
boundary, enabling any smuggler to merely buy such cattle
at a nominal rate and then make fresh attempts at
smuggling. In the earlier report it has been already stated
that the BSF has caught the same cattle being smuggled
several

times.

The

main

hurdle

according

to

the

administration is the lack of effective laws to tackle this


menace, in this regard there is the following suggestion to
offer.
Suggested legislative measures
The issue of lack of legislation enabling the executive to
check such cattle smuggling appears to be the main hurdle.
The primary problem is the movement of cattle from the rest
of India into Assam and West Bengal, being bordering states
of Bangladesh. In this regard, it is possible to amend existing
subordinate legislation under Prevention of Cruelty to
Animals Act, 1960. Under this Act, rules have been framed
for transport of animals and transport of animals on foot. The
Transport of Animals Rules, 1978 and The Prevention of
Cruelty To Animals (Transport of Animals on Foot) Rules,

46

According to Veterinary Officer, Dhubri, usually it is


unproductive cattle those above to the age of 10 -12 years or
young male calves which are preferred for smuggling. It is
possible to amend the rules by insertion of a new rule
prohibiting / restricting the interstate transfer of cattle in
respect of such specified categories. According to the Officer
the age of cattle is identifiable from different physical
parameters.
This issue has caught the national attention and also a
source

of

stifle

between

different

communities

and

amendment of an existing subordinate legislation will not


entail much of an effort.
(v) Vulnerable Patches
This issue has two facets, conversion of areas with an open
riverine international boundary into sterile zone, coupled with
an additional Battalion. It is now for the Ministry of Home
Affairs to take a decision on the raising of an additional
Battalion. One aspect which has been highlighted by the
BSF Dhubri sector is the introduction of technical innovation
by installation of radars, CCTV, unmanned Arial vehicle
(UAV) in respect of which the BSF had a workshop in June,
2013 and technical measures to conduct surveillance in such
open areas, for different BSF Sectors, including the Dhubri
sector have been suggested. Given the scale and scope of

47

(vi)

Relocating Villages

i.

The

communication

of

26.03.2013

from

the

Deputy

Commissioner Karimganj to the Government of Assam is


instructive as it is a detailed proposal after empirical study of
villages across the fence, towards the international boundary, for
relocating them inside the fence and which takes into account all
possible factors, including socio economic condition of families. It
appears that this proposal was not acted upon by the Assam
Government and this document can form a benchmark for
relocating these villages.
(vii) Plugging vulnerable patches of bridge and culvert areas [II(b)
page 49].
While the proposal has been initiated and inspections undertaken
timeline need to be provided towards execution and completion of
the proposal. It appears that financial sanction has not yet
happened for the proposals and where decision needs to be taken.
VI.

Providing Regular Electricity Connection


As far as energizing the flood lights are concerned, time lines have
been provided for both Dhubri and the Silchar Sector, but the issue
of uninterrupted power supply has not yet been addressed. It is
suggested that the state government comes for the concrete
proposals in this regard.

VII.

Increase Manpower Strength of Effective Ground Personnel (IV


PAGE 50].

48

Government in the earlier report has not found any response from
the State government. This Honble Court may ascertain the views
of both the governments on this issue.
VIII.

Implication of Non Lethal Policy


It is obvious that this policy is to reduce death of miscreants/
smugglers, in other words to encourage miscreants and smugglers.
The issue of human rights in the context of those who illegally
attempt to cross the border is incomprehensible, more so, in the
context of infiltration and cattle smuggling with huge implication for
national security. The Ministry of Home Affairs in the earlier round
also did not respond to a query in this regard. It is suggested that
this Honble Court may ascertain the view of the Ministry of Home
Affairs in this regard, as also the implication of following a non
lethal policy.

IX.

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.

X.

Examining electoral rolls for un-natural increase and growth in


population, including entry of new house-holds/ individuals
into the electoral roll suddenly.

XI.

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

49

A. These issues being interconnected have been addressed under


one head and has already been dealt with in detail in the earlier
paragraphs. The recommendations / suggestions in this regard are
as follows:I. The primary reason for which illegal migration occurs is hunger for
land, the population density of Bangladesh, subject of perennial
floods is 1222 (2014) Per square kilometre and the population
density of Assam is 397 (2011) as opposed to 382 per square
kilometre for the rest of the country. If the migrant can be deprived
of land it will be an effective deterrent to any migrant for any further
migration or for existing illegal migrants to go back to Bangladesh
through the porous border. It is therefore proposed as follows:a. There should be a restriction in transfer of land, whether
by way of sale, purchase, gift or any other such
transaction or by way of allotment from government or
any other agency only to those who have been citizens of
India in 1951 and their descendants in 1951. The
benchmark date can be the date of publication of the
National Register of Citizens in Assam in 1951. In other
North Eastern States land transfer is restricted only to
those belonging to the State for protection from all
outsiders. In Assam threat is not from Indian Citizens but
from Migrants from Bangladesh.
While the existing tribal belts in Assam have restrictions
on transfer of land to non tribals, excepting those non

50

the Assam Land Revenue Regulation 1886, however,


under Section 162 (4) the State Government by an
executive Notification can reduce, de-notify or alter the
area of a tribal belt/ block. This has to be put beyond the
pale of any executive interference. The only community
and areas inhabited by them, for which protection is not
available in the entire North East are the non tribals of
Assam and Manipur and for the latter steps have already
been taken.
Unlike, the other North-Eastern states which have a
predominant tribal composition and protection has been
accorded in various forms, in Assam it is available as
already stated above only to tribal belt/ blocks. It is
imperative that the same now be extended to non-tribal
areas as well.
This is the only manner in which the illegal migrants can
be staved off from acquiring land through all means, the
favourite mode being to pose as flood and erosion
affected persons from other districts with the aid and
assistance of a complicit and corrupt administration.
b. The huge influx over the years has created a huge
immigrant population which competes for jobs, in
government institutions with Indian citizens, without
verification of the antecedents of such Non-Indians. It is
therefore, necessary that for an effective deterrent for

51

wings of the state and in government educational


institution.
B. Revealing facts disclosed in the representations, regarding the
manner in which the illegal migrants entrench themselves by
entering their names into the electoral rolls, taking government
allotment of land, government benefits with the aid of a complicit
and corrupt administration demonstrates that the nexuses in this
regard require to be unravelled. The fact that 77,420 bighas of
government land is admitted by the District Administration Darrang
to be under encroachment, inspite of which 32 government schools
have been set up in such areas, including settlement on grazing
reserves explicitly prohibited under the revenue laws, the fact that
inspite of having all the electoral rolls and details of all unnatural
increases in population owing to illegal migration in their
possession, to the extent that a Pakistani, Bangladeshi passport
holder can own land and contest Assembly Election in Assam,
shows that the foreigners/ illegal migrants lobby have taken deep
roots in Assam. The necessity therefore, for an independent
investigation and in enquiry into these nexuses and all the facts in
this regard, cannot be overstated.
It is only after unearthing the nexuses and the relevant facts in this
connection that this Honble Court will be enabled to pass correct
and appropriate orders. Furthermore, the unearthing of such
nexuses and concomitant facts, will be a valuable guide to laying

52

It is therefore suggested that this Honble Court may consider


setting up of a high powered inquiry, to constitute a Committee/
Investigating team to enquire into the above issues.
C. Allotments of Government land, grazing reserves, forest land since
1971, particularly to those who are shown to be erosion and flood
affected persons not belonging to the area, needs to be inquired
and investigated.
D. For verification of ancestry, more so in the case of large number of
persons tracing their ancestry to pre 1971 eligible parent, it is
suggested that the DNA testing be undertaken for such verification.
As already stated by the state coordinator, NRC, DNA testing had
been proposed earlier by him and rejected by the Central
Government in 2013. The present procedure that they proposed to
adopt, which is by confronting the actual descendants of the
eligible parent, with the claimants is not full proof like the scientific
test as it is possible for the actual descendants to charge a
premium for falsely certifying the claimants.
NRC VERIFICATION PROCESS
E. The representation from Mr. Pradip Bhuyan has set out a modality
for investigation, to stringently screen post-1971 Bangladeshi
foreigners who are applying, masquerading as Indians. What he
has proposed in short is a residential family history relating back to
1970, i.e. where has the applicant / father / grand-father resided in
the last 45 years. This residential family history is easily verifiable

53

with the procedure laid out for verification. This approach seems to
be logical.

Unlike the rest of India, where the National Population Register


updated will include citizens only, in Assam it is a hybrid process
because apart from identifying citizens it is also directed at sifting
citizens from non citizens, given the huge number of illegal
migrants. The verification process, when both the process of
identifying citizens and sifting out the non citizens have been
clubbed together, verification procedures have to be stringent,
including verifying and ascertaining the bona fides of all those who
are deputed for this task.
15 EXPENSES
This Honble Court while directing the appointment of the
Commissioner by order of 13.05.2015 had granted a sum of Rs.
5,00,000/- for execution of the Commission. This Honble Court
having conferred me with the privilege of executing this
Commission, I had taken only actual expenses incurred and
returned a sum of Rs. 2,81,380/- to the Central Government (Page
8 of report dated 29.06.2015). In the present round of inspection /
meetings a sum of Rs 96,000/- towards expense have been
incurred. Details of expenses furnished is annexed as Annexure
R.

54

55

ANNEXURE R
DETAILS OF ACTUAL EXPENSES INCURRED
SR.NO

PARTICULARS

AMOUNT
(In Rs.)

Air Tickets from Delhi to Guwahati and


Return tickets from Guwahati to Delhi

28,000.00

Air Tickets from Guwahati to Silchar and back


for self and camera person

16,000.00

Charges for camera person for 3 days and


related charges for storage media.

20,000.00

Charges for car hire (car travel to the sectors


was taken care by the BSF).

5,000.00

Typing charges.

15,000.00

Photocopy charges

12,000.00
Total

96,000.00

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