Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the illegal detention of Mr. Sultan Ahmed, a 65-years-old Bangladeshi national in detention camps designated for suspected foreigners in Goalpara, Assam. Ahmed entered India with valid a passport. Ahmed was arrested on 6 October 2012 in Assam on two allegations of cheating and dishonestly inducing delivery of property and was detained while still in possession of a valid Indian visa. He was convicted in the first case and completed the prison sentence. However, he was not released as the second case trial was ongoing. On 4 April 2014, he was acquitted of all charges in the second case by the Court of Judicial Magistrate. The court ordered the authorities to return his passport and to arrange his return to Bangladesh. However, the jail authority continues to retain him in the detention camp in District Jail in Goalpara and is refusing his right to be free and return.
CASE NARRATIVE:
Mr. Sultan Ahmed, 65-years-old man, son of Mr. Ansar Ali and Mrs. Sonabbarar Nesa of Bayck village. He is a Bangladeshi citizen and came to India for business on 13 July 2012. He entered India through Hili Border gate at Deenajpur, West Bengal after clearing all immigration formalities. [Passport number AD 7050023, valid up to 2 July 2017, Visa number VI 9023864, was valid till 9 January 2013].
On 5 October 2012, Mr. Jewel Majumdar filed an FIR (Palashbari police station case number 209/12) at Palashbari police station, Kamrup district, Assam alleging that Ahmed approached him on 30 September 2012 at 11:30 a.m. at Bijoy Nagar, saying that police officials of Mirza Police station has seized 3 laptops and 30 numbers of mobile phones from Mr. Ahmed and police had asked him to pay Rs. 55,000 INR against the release of the same. According to the FIR, Ahmed promised Jewel a reward of Rs. 10,000 INR and a laptop if Jewel arranged the payment. Accordingly, Jewel arranged for the payment and, along with Ahmed, went to the police station. Jewel decided to wait outside the premises and intended to wait at the nearest tea stall, while Ahmed instead, of entering the police station, boarded a Bolero vehicle parked nearby and fled from the scene.
On 6 October 2012, Ahmed was arrested by Chaygaon Police Outpost under Palashbari police station, Kamrup district, Assam on allegation of cheating and dishonestly inducing delivery of property under section 420 of Indian Penal Code. His arrest was reported in ‘Pratidin’, an Assamese daily.
Subsequently, after noting this media report, a group of five persons namely Mr. Ratul Choudhury, Mr. Jyoti Kalita, Mr. Surojit Boro, Mr. Kartik Paul and Mr. Bishwajit Banik lodged an FIR on 6 October 2012 with similar allegation at Boko police station [Boko police station case number 406/12] alleging that Ahmed took Rs.40000 INR from them promising to sell mobile phones and laptops at cheap rate. The group alleged that on 29 September 2012, at about 3.00 p.m., a man introduced himself as Suleiman Ali to the five. After taking the money, the accused appeared to leave to fetch the goods, but really just fled. The group further states that they saw the photo of Ahmed in the newspaper and identified him as the man who duped them. Following the media report, the group visited the police station and ‘identified’ him.
Ahmed was later transferred to Central Jail, Guwahati in connection with these two cases. Ahmed was convicted of the Palashbari Police case and was sentenced to nine months imprisonment and ten thousand INR as fine (G.R case number 10611/12). He completed this sentence on 1 August 2013. However, he was not released by jail authority as his visa had expired. His detention regarding the second case continued and he was transferred to foreign national deportation camp at District Jail in Goalpara city on 1 October 2013.
Ahmed’s trial continued ex parte as jail authorities failed to produce him before the court in Guwahati, 300 kms away from Goalpara. His lawyer filed a case [Md. Sultan Ahmed vs. State of Assam, G.R. case no 1324/14] before the Court of Judicial Magistrate First Class for his transfer to Guwahati Jail as his appearance in court is necessary for completion of trial. He was transferred to Guwahati Jail subsequently.
During the trial, Ahmed pleaded not guilty. The 5 victims presented versions of the incident that contradicted the version they signed to in the FIR. Also the investigation officer failed to produce the copy of the newspaper item where the photo of the accused appeared. The FIR filed by the 5 victims also named the accused as Soleiman Ali, not detainee Sultan Ahmed. 5
Based on these inconsistencies, the court acquitted Sultan Ahmed and ordered his release on 23 April 2014. The Court also ordered the authorities to return his passport and to send him back to his country. However, the Guwahati Jail authorities refused to release him and instead sent him to a deportation camp meant for illegal foreigners at District Jail, Goalpara. Jail authority said that he can go back to his country only after clarification by Ministry of Home and External Affairs. Sultan remains in detention since 6 October 2012 after he completed the sentence period of nine months. His additional detention is illegal and arbitrary.
Ahmed is not an illegal immigrant as he entered India with valid documents and hence his detention is illegal. Right to life and personal liberty under Indian Constitution is guaranteed to any person irrespective of their nationality. AHRC is concerned that any additional detention by the authorities is clear violation of this fundamental right and urges for his immediate release and safe return to his own country.
ADDITIONAL INFORMATION:
The state of Assam has three detention cum deportation camps for lodging persons declared by the Foreign Tribunals (FT) as “foreigners”. Foreigners detected by the FTs are lodged in these camps / prisons until their appeals are disposed by the higher judiciary or until they are deported. Such persons, accused or convicted as foreigners, are treated like stateless persons and are denied basic rights, like family visits.
The detention camps in Assam are not separate camps as such. Physically and administratively they are no different from the district prison where they have been instituted. The prison administration follows the Prison Manual, in administering the “detention camps”, i.e. for all purposes those detained in the camps are treated no different to incarcerated criminals and suspects in ongoing trials.
SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case to ensure immediate and safe return of Sultan Ahmed to Bangladesh.
Please note that the AHRC has also written a separate letter to the UN Working Group on Arbitrary Detention, calling for immediate intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear …………,
INDIA: Illegal detention of a foreigner continues despite court’s acquittal
Name of victim: Mr. Sultan Ahmed, 65-years-old man, son of Mr. Ansar Ali and Mrs. Sonabbarar Nesa of Bayck village, under post office and police station of Kasva, Brahmanbaria district of Bangladesh.
Names of alleged perpetrators: Jail Authorities, Government of Assam
Date of incident: 6 October, 2012 onwards
Place of incident: Guwahati, Assam
I am writing to voice my deep concern regarding the illegal detention of Mr. Sultan Ahmed, a 65-years-old Bangladeshi national in detention camps designated for suspected foreigners in Goalpara, Assam. Ahmed entered India with valid a passport. Ahmed was arrested on 6 October 2012 in Assam on two allegations of cheating and dishonestly inducing delivery of property and was detained while still in possession of a valid Indian visa. He was convicted in the first case and completed the prison sentence. However, he was not released as the second case trial was ongoing. On 4 April 2014, he was acquitted of all charges in the second case by the Court of Judicial Magistrate. The court ordered the authorities to return his passport and to arrange his return to Bangladesh. However, the jail authority continues to retain him in the detention camp in District Jail in Goalpara and is refusing his right to be free and return.
Case detail as provided by the Asian Human Rights Commission is as follows. Mr. Sultan Ahmed, 65-years-old man, son of Mr. Ansar Ali and Mrs. Sonabbarar Nesa of Bayck village. He is a Bangladeshi citizen and came to India for business on 13 July 2012. He entered India through Hili Border gate at Deenajpur, West Bengal after clearing all immigration formalities. [Passport number AD 7050023, valid up to 2 July 2017, Visa number VI 9023864, was valid till 9 January 2013].
On 5 October 2012, Mr. Jewel Majumdar filed an FIR (Palashbari police station case number 209/12) at Palashbari police station, Kamrup district, Assam alleging that Ahmed approached him on 30 September 2012 at 11:30 a.m. at Bijoy Nagar, saying that police officials of Mirza Police station has seized 3 laptops and 30 numbers of mobile phones from Mr. Ahmed and police had asked him to pay Rs. 55,000 INR against the release of the same. According to the FIR, Ahmed promised Jewel a reward of Rs. 10,000 INR and a laptop if Jewel arranged the payment. Accordingly, Jewel arranged for the payment and, along with Ahmed, went to the police station. Jewel decided to wait outside the premises and intended to wait at the nearest tea stall, while Ahmed instead, of entering the police station, boarded a Bolero vehicle parked nearby and fled from the scene.
On 6 October 2012, Ahmed was arrested by Chaygaon Police Outpost under Palashbari police station, Kamrup district, Assam on allegation of cheating and dishonestly inducing delivery of property under section 420 of Indian Penal Code. His arrest was reported in ‘Pratidin’, an Assamese daily.
Subsequently, after noting this media report, a group of five persons namely Mr. Ratul Choudhury, Mr. Jyoti Kalita, Mr. Surojit Boro, Mr. Kartik Paul and Mr. Bishwajit Banik lodged an FIR on 6 October 2012 with similar allegation at Boko police station [Boko police station case number 406/12] alleging that Ahmed took Rs.40000 INR from them promising to sell mobile phones and laptops at cheap rate. The group alleged that on 29 September 2012, at about 3.00 p.m., a man introduced himself as Suleiman Ali to the five. After taking the money, the accused appeared to leave to fetch the goods, but really just fled. The group further states that they saw the photo of Ahmed in the newspaper and identified him as the man who duped them. Following the media report, the group visited the police station and ‘identified’ him.
Ahmed was later transferred to Central Jail, Guwahati in connection with these two cases. Ahmed was convicted of the Palashbari Police case and was sentenced to nine months imprisonment and ten thousand INR as fine (G.R case number 10611/12). He completed this sentence on 1 August 2013. However, he was not released by jail authority as his visa had expired. His detention regarding the second case continued and he was transferred to foreign national deportation camp at District Jail in Goalpara city on 1 October 2013.
Ahmed’s trial continued ex parte as jail authorities failed to produce him before the court in Guwahati, 300 kms away from Goalpara. His lawyer filed a case [Md. Sultan Ahmed vs. State of Assam, G.R. case no 1324/14] before the Court of Judicial Magistrate First Class for his transfer to Guwahati Jail as his appearance in court is necessary for completion of trial. He was transferred to Guwahati Jail subsequently.
During the trial, Ahmed pleaded not guilty. The 5 victims presented versions of the incident that contradicted the version they signed to in the FIR. Also the investigation officer failed to produce the copy of the newspaper item where the photo of the accused appeared. The FIR filed by the 5 victims also named the accused as Soleiman Ali, not detainee Sultan Ahmed.
Based on these inconsistencies, the court acquitted Sultan Ahmed and ordered his release on 23 April 2014. The Court also ordered the authorities to return his passport and to send him back to his country. However, the Guwahati Jail authorities refused to release him and instead sent him to a deportation camp meant for illegal foreigners at District Jail, Goalpara. Jail authority said that he can go back to his country only after clarification by Ministry of Home and External Affairs. Sultan remains in detention since 6 October 2012 after he completed the sentence period of nine months. His additional detention is illegal and arbitrary.
Ahmed is not an illegal immigrant as he entered India with valid documents and hence his detention is illegal. Right to life and personal liberty under Indian Constitution is guaranteed to any person irrespective of their nationality. I am concerned that any additional detention by the authorities is clear violation of this fundamental right and urges for his immediate release and safe return to his own country.
I, therefore, urge you to ensure
1. Immediate release of Sultan Ahmed to restore his right to life and personal liberty
2. Immediate processing of visa and other required formalities for his return to Bangladesh
3. Immediate and safe return of Sultan Ahmed to Bangladesh
4. Adequate compensation for illegal detention
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Director General of Police
Ulubari, Guwahati -781007
Assam, INDIA
Email: dgp@assampolice.com
Phone: +913612455126
2. Minister of Home Affairs
Krishna Menon Marg
New Delhi – 110 003, INDIA
Phone +91 11 2371-7474, +91 11 2371-9205
Fax: +91 11 2371-0065
3. Ms. Sushma Swaraj
Minister of External Affairs
South Block, Raisina Hill,
New Delhi – 110011, INDIA
Phone: +911123011127
Fax: +911123011463
Email: eam@mea.gov.in
4. Mr. Abul Hassan Mahmood Ali
Foreign Affairs Minister
Ministry of Foreign Affairs
People’s Republic of Bangladesh
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562852
Fax: +880 2 9562188, +880 2 7171433
Email: minister@mofa.gov.bd
5. Chief Minister of Assam
Dispur, Guwahati, Assam
Phone: +91-361-2262222, +91-361-2266188
Fax: +91-361-2262069
Email: cmtarungogoi@gmail.com
6. Assam State Police Accountability Commission (ASPAC)
105 BK Kakati road
Ulubari, Guwahati- 781007
Assam, India
Tel.: +91-361-2462407
Email: aspolacct@gmail.com
7. Assam Human Rights Commission
STATFED Building
Bhangagarh, Guwahati
Pin – 781 005 (Assam), INDIA
Tel.: +91-361-2529450 / +91-361-2527076
Email: secy-ahrc@nic.in
8. Chairperson,
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001, INDIA
Fax: + 91-11-2338 4863
E-mail: chairnhrc@nic.in
9. Mr. Pranab Mukherjee
President of India
Rarstrapati Bhawan
New Delhi-110 004, INDIA
Telephone: + 91-11-23015321
Fax: +91-11-23017290, +91-11-23017824
10. Mr. Narendra Modi
Prime Minister of India
South Block, Raisina Hill,
New Delhi – 110011, INDIA
Telephone: +91-11-23012312
Fax: +91-11-23019545, +91-11-23016857
Email: webmaster@narendramodi.net
11. Bangladesh High Commissioner
EP- 39, Dr. Radhakrishnan Marg
Chanakyapuri
New Delhi -110021, INDIA
Phone: +91-11-24121389
Fax: +91-11-26878953s
Email: bdhcdelhi@gmail.com
12. Bangladesh High Commissioner, Kolkata
No:9, Bangabandhu Sheikh Mujib Sarani Kolkata
West Bengal 700017, India
Phone: +91-33-4012 7500
Fax: +91-33-40127555
Email: bdhc@bdhckolkata.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
