Book Excerpt: 바카라�No Land's People바카라� By Abhishek Saha

A year later, the contracts of nineteen FT members were terminated because their 바카라�performance was unsatisfactory바카라�. The Telegraph quoted an anonymous source claiming that the Assam government was 바카라�unhappy with some of the orders바카라� by these members, 바카라�where the individuals in question were declared 바카라�not foreigners바카라�, contrary to submissions made by police바카라�. The source added that the state government had 바카라�already challenged more than twenty such orders in Gauhati High Court바카라�. A sacked member anonymously told journalist Sangeeta Barooah Pisharoty, 바카라�Most of the cases that came before me couldn바카라�t be declared foreigners because they had all the papers. How could I have gone against the rules?바카라�

Data from the FTs indicate that the new regime did bring about a change in their functioning. For instance, government figures show that a total of 4,072 persons were declared 바카라�foreigners바카라� by the FTs in 2015, and 5,096 persons the next year. But in 2017, the numbers spiked to 15,541. In 2018, by August, 13,558 persons had been declared 바카라�foreigners바카라�. It was alleged that the interference of the executive in the FTs had also increased.

Terminated FT members moved the Gauhati High Court against the government order. One of the petitioners argued that the performance of the members should be 바카라�monitored by a Bench of the High Court and not by executive officers바카라�. Submissions made by the state government and the high court in their affidavits during the proceedings of these cases revealed how critically performance appraisal of FT members was done by the Home and Political Department of the Assam government. Such reviews by the government curtailed the judicial independence of the FTs and laid it bare to the contentious influence of the executive.

FTs function in the midst of a jugalbandi between the Home and Political Department of the state government and the Gauhati High Court. The court interviews candidates for selection as FT members and monitors the functioning of FTs as per the apex court바카라�s order, but the members are appointed and their salaries are paid by the state government. The salaries of the members are paid by the state.

A state government affidavit in the case said that the high court had 바카라�expressed the view in the monitoring meetings that the performance of the Foreigners Tribunal Members needs to be monitored and reviewed바카라� by the government. 바카라�Performance바카라� of the members has always been an important topic at the monitoring committee meetings, the affidavit said. 바카라�Government is of the view that the performance of Members is a key for success of detection of foreigners in Assam and hence, the performances were main indicator for granting extension.바카라�

What exactly the state government meant by 바카라�performance바카라� and how it was measured became evident in a document annexed to the affidavit. In a 바카라�performance appraisal바카라� report dated 30 April 2017, the state government compared how many cases were disposed of by members and in how many of them the suspect was declared a 바카라�foreigner바카라�. The criterion for terminating the nineteen members appeared to be that they had declared a comparatively lower percentage of people as 바카라�foreigners바카라�, even though their rate of case disposal was in some cases higher than those of the retained members. The performance of seventy-two members was listed in the report, and eighteen of them were marked as 바카라�not satisfactory바카라� by the state government. All but one among them had declared less than 10 per cent of cases as 바카라�foreigners바카라�.

In Dhubri, Karthik Ray had disposed of nearly 26 per cent of his cases, declaring only 1.32 per cent as 바카라�foreigners바카라�. His performance was 바카라�not satisfactory바카라�; whereas Narayan Nath, who got 바카라�good바카라� in his review and was retained, disposed of 15.85 per cent of his cases but declared over 34 per cent of those as 바카라�foreigners바카라�. In Nagaon, out of the 621 cases Mamoni Rajkumari disposed of, she declared only fifty persons as 바카라�foreigners바카라� and got a performance appraisal of 바카라�not satisfactory바카라�; while Moonmoon Borah, declaring 273 바카라�foreigners바카라� from 401 cases, received a 바카라�good바카라� review. In Mangaldoi, Babita Das got 바카라�not satisfactory바카라� even after declaring 42.95 per cent of cases as 바카라�foreigners바카라�, probably because she could dispose of only 156 cases (11 per cent), an abysmally low number on the chart. Ray told the New York Times that 바카라�most of the references바카라� that police made to his tribunal to investigate suspected foreigners 바카라�were against Muslims바카라�. He said, 바카라�You have to declare 바카라�foreigners바카라� means you have to declare the Muslims.바카라�

Rajkumari, who was formerly member of FT No. 6 of Nagaon district and was one of the members who petitioned the high court, told me that there was pressure from the government to dispose of a case within sixty days and that the FTs often suffered from manpower shortage, including that of peons, typists and clerks. The state government, however, denied any allegation of bias when I approached officials for a response for my story.

L.S. Changsan, the then principal secretary in the Home and Political Department, told me it was in the law that the FTs dispose of cases within sixty days. She said the allegation that the Border Police was given targets to make a certain number of references to the FTs was 바카라�completely wrong바카라�. 바카라�Building up institutions takes time,바카라� she said, 바카라�and we are empowering them (FTs) to enhance their capacity in every way.바카라�

On 22 December 2017, in an order on the petitions by the terminated members, the Gauhati High Court upheld the scrutiny of FT orders by the executive. 바카라�There has to be a mechanism in place to scrutinize the opinions of the FTs  for the purpose of making  a conscious decision as to whether such opinions are required to be assailed before a higher forum,바카라� the order said. 바카라�To that extent, constitution of the State Level Screening Committee and District Level Screening Committees cannot be faulted with though considerable arguments had been advanced that the executive could not have scrutinized the opinions given by the Members of FTs.바카라�

The court said that since references are made by the state, the state 바카라�can certainly form Committees to scrutinize the opinions rendered바카라�. The court set aside the government order and noted that it would be 바카라�obligatory for the High Court to assess the petitioners바카라� to decide whether an extension should be granted or not.

In February 2018, the state government was asked by a member of the legislative assembly (MLA) from the AIUDF whether people were declared as 바카라�foreigners바카라� despite their possessing proper documents. The government told the assembly that no such case of 바카라�bias바카라� was reported and, moreover, the 바카라�matters of the FTs are directly monitored by the Honourable Gauhati High Court바카라�.

 (Published with permission from Harper Collins Publishers)