4795 ineligible names included in final NRC, affidavit filed in Gauhati High Court, writes Anand Debsharma

Dec. 9: The Gauhati High Court had asked the State Coordinator of NRC on 19 October, 2020 to submit an affidavit explaining how the names of some ineligible people crept into the final updated NRC. The directive was issued after the Court heard a petition by Rahima Begum @Rahima Khatun, a resident of Mukalmua in Nalbari district. In 2019, a Foreigners’ Tribunal (FT) of Nalbari had declared Rahima Begum @Rahima Khatun as a non-citizen in F.T.(Nal.)-3 Case No.523/2018; but she was among the applicants whose names were included in the final NRC. But Rahima Begum @Rahima Khatun has preferred a Writ Petition before the Gauhati High Court against the final opinion of F.T.(Nal.)-3 Case No.523/2018 vide W.P.(C) No. 3187/2020.

On 18 September, 2020, the Assam State Coordinator of NRC have produced his letter dated 10 September, 2020 before the High Court and the said letter indicates that although Rahima Begum was declared a foreigner on 8 November, 2019 after publication of the final NRC on 31 August, 2019, however, at the relevant time, a case was pending against her at F.T. No.3, Nalbari, which fact was overlooked by the Verification Officer. The said letter also indicates that as there was a proceeding against Rahima Begum, her name should not have been included in the Final NRC.

On October 13, the NRC State Coordinator wrote to all the Deputy Commissioners and the district registrars of citizen registration (DRCR), explained that “some names of ineligible persons” — persons declared as a foreigner by Foreigners Tribunals (DF), persons marked as Doubtful Voters (DV) by the election officials or persons whose cases are pending at Foreigners Tribunals (PFTs) and their descendants — “found entry to the NRC” as well as directing them to issue “speaking orders” for deletion of “ineligible” names from the final NRC as many of them and their descendants were included in the list as per Clause 4(6) of the Schedule under the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 after “specifically ascertaining the identity of the person”.

“You are, therefore, requested to submit the list of such persons who are not eligible for having their names in the NRC along with speaking order justifying reasons for each cases for necessary action for deletion of such names,” NRC State Coordinator said in the letter.

Incidentally, Para 4(6) of the Schedule appended to the Citizenship (Registration of Citizens & Issue of National Identity Cards) Rules, 2003, quoted by the NRC Coordinator in his letter also empowers the DRCR to include names of such persons in the NRC who might have been left out owing to some mistake. NRC Coordinator, it turns out, is interested only in deletion of names.

Extract of Para 4(6) of the Schedule appended to the Citizenship (Registration of Citizens & Issue of National Identity Cards) Rules, 2003 as follows:-

“4(6) The District Registrar of Citizen Registration shall, by order, and for reasons to recorded in  writing for inclusion or, as the case may be, exclusion of names, dispose of the report of the verification, and the report of verification which are allowed for inclusion of names and which are not allowed for inclusion shall be kept separately, village and ward wise along with a list of all such cases.”

Anyway, on 19 October, the Gauhati High Court clearly ordered the NRC authorities that- “Let the Assam State Coordinator, NRC file a comprehensive affidavit and bring on record the situations along with necessary particulars, whereby inroads into the National Register of Citizens (NRC) may have been created by individuals who are undeserving and not legally entitled to be included in the NRC.”

The affidavit will not be confined to Nalbari district only, but contain details of all other districts across the state as well, the bench said in its October 19 order. The said order of the Gauhati High Court also added that- “An issue of great importance is noticed in the present case. It is not a solitary instance, inasmuch as, in a number of cases we have noticed and recorded similar issues appearing.”

The bench noted that the name of the petitioner (Rahima Begum) appeared in the NRC even when proceedings against her had been initiated and continued on the basis of reference made by the Nalbari Superintendent of Police (Border).

The Gauhati High Court also said that- “Such insertion of name is against the law. The said proceeding also ended by declaring the petitioner as a foreigner of post 1971 stream. The present writ petition is basically a challenge to the said opinion dated-08.11.2019 of the Foreigners’ Tribunal No.3, Nalbari, in F.T.(Nal.)-3 Case No.523/2018. As indicated above, this is not an isolated case.”

As per direction of the Gauhati High Court dated-19 October, 2020, very recently the Office of State Coordinator of National Register of Citizens (NRC) has filed an affidavit in the Gauhati High Court submitting that the names of 4795 ineligible persons were detected after verification of the backgrounds of 10,199 individuals who were enrolled in the final NRC.

The final NRC list was released on August 31, 2019, by excluding the names of 19,06, 657 persons. A total of 3,11,21,004 names were included out of 3,30, 27,661 applicants. Though the final National Register of Citizens for Assam was made public in August last year, it is yet to be notified by the Registrar General of India, leaving the historic and controversial document without any official validity.