Union Minister of State for Home Nityanand Rai, in a reply to a question in the Lok Sabha on Tuesday, 4 February, said that the Centre in 2016, had advised the Assam government to release from detention centres those non-Muslims who fall under the purview of the Passport (Entry into India) Amendment Rules and the Foreigners (Amendment) Order of 2015, i.e.
“Persons belonging to minority communities in Bangladesh and Pakistan, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who were compelled to seek shelter in India due to religious persecution or fear of religious persecution and entered into India on or before 31 December 2014 (without valid documents or with expired documents.)”
Rai also said that the name ‘detention centre’ has been changed to ‘holding centre.’
‘Centre Had Advised Assam to Examine Cases in 2016’
Replying to Assam Congress MP Abdul Khaleque’s question on whether the Centre had done anything to release the non-Muslims who were declared foreigners and kept in detention camps, the MoS said,
“Post the enactment of the Citizenship Amendment Act, no specific instruction has been issued by the central government regarding the release of such migrants from detention centres.”
“However, in January 2016, the Centre had advised Assam to examine the cases of those covered in various court cases filed in the Guwahati High Court and release them if they meet the requirements of the two notifications issued by the central government on 7 September 2015...,” he added.
Rai also referred to a Supreme Court notification issued in July 2019 which allowed the release of declared foreigners (subject to certain conditions) if they had completed more than three years in detention.
The notification, however, did not have any provisions on the basis of religion.
The MoS also dismissed a query about whether the government will drop pending cases against in the foreigners’ tribunal against the disenfranchised ‘D voters’, quoting a provision of the amended citizenship act which states,
“On and from the date of commencement of the Citizenship (Amendment) Act, 2019, any proceeding pending against a person under this section in respect of illegal migration or citizenship shall stand abated on conferment of citizenship to him.”
Replying to another question, Rai also said that the Assam government has not constructed any detention camp exclusively for those who don’t have documents proving their citizenship under NRC.
He added that those dissatisfied with the final NRC can appeal before the tribunal constituted under the Foreigners' (Tribunals) Order of 1964 within 120 days.
(With inputs from LiveLaw)
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