The Supreme Court has stayed the deportation of four women detained after being declared foreigners by a Foreigners Tribunal in Assam, offering temporary relief to those facing removal to Bangladesh.
A bench of Justices Vikram Nath and V. Mohana granted the stay and issued notices to the Assam government, the Union government and the Election Commission of India (ECI), seeking their responses within four weeks.
The four women are identified as Basiram Nessa, Musstt Nureza Begum, Saleha Khatun and Sarbhanu Begum, all of whom had been declared foreigners by tribunals in Assam.
Saleha Khatun Challenges Foreigners Tribunal Order
Fifty-year-old Saleha Khatun, who described herself as illiterate, has been lodged in the Goalpara detention camp since March 2 after a Foreigners Tribunal in Darrang declared her a foreign national. The order was later upheld by the Gauhati High Court.
In her petition before the Supreme Court, Khatun argued that she had submitted several documents proving her Indian citizenship. These included pre-1971 electoral records showing the names of her parents, Ahsan Ali and the late Korpuljan, in Nagabandha village of Assam’s Nagaon district.
She also submitted NRC legacy data, voter lists, Gaonbura and Gaon Panchayat certificates, family electoral documents and oral testimony to establish family linkage.
However, the tribunal rejected her claim in December 2025, citing discrepancies in family details, age and other particulars. It also refused to accept linkage certificates because the issuing authority was not examined.
Name Spelling Differences Cited in Rejection
Sarbhanu Begum, another petitioner, also challenged the tribunal’s order after being declared a foreigner despite submitting documents linking her to pre-1971 residents of Assam.
According to her plea, the tribunal rejected her claim mainly due to variations in the spelling of her name, including “Surbhanu,” “Sorbhanu” and “Saharbhanu.” A mismatch in one electoral record related to her husband’s name was also cited.
Her petition argued that documentary evidence and witness testimony submitted before the tribunal were overlooked.
Ex Parte Order Against Nureza Begum Challenged
Musstt Nureza Begum said she was declared a foreigner through an ex parte order despite appearing before the tribunal after receiving notice.
According to her plea, she is illiterate and lives below the poverty line. She said she signed a register at the tribunal believing she had completed the required process, only to later learn that an order had been passed against her in her absence.
The Gauhati High Court upheld the tribunal’s order, stating that she had received notice and failed to pursue the case properly.
Basiram Nessa Claims Evidence Ignored
Basiram Nessa told the court that she had submitted voter lists from 1965 and 1989 showing the names of her grandfather and father, along with local certificates establishing family ties.
She argued that the tribunal failed to properly consider the documentary evidence she produced and wrongly concluded that she had not proved her lineage.
The Supreme Court’s interim order has temporarily halted the deportation process while the case remains under consideration.
