Assam Civil Society Alleges Mass Violations of Arrest Guidelines in Foreigner Crackdown

Allegations of arbitrary arrests, re-arrests without judicial sanction, and illegal cross-border pushbacks have surfaced in Assam, prompting a formal petition to the National Human Rights Commission (NHRC) by Hafiz Rashid Ahmed Choudhury, President of Assam Civil Society and a senior advocate at the Gauhati High Court.

In a strongly worded complaint, Choudhury claims that the Assam government has launched a sweeping crackdown on individuals suspected of being illegal immigrants, leading to widespread detentions that violate constitutional and legal safeguards. According to the petition, several people have been picked up by authorities without being informed of the grounds for arrest and without access to legal counsel—actions that directly contravene Article 22 of the Constitution of India.

Choudhury has further alleged that many detainees, despite being granted bail by courts, are being re-arrested without fresh judicial orders. Family members are reportedly kept in the dark about the whereabouts and status of their detained relatives, deepening the emotional and legal crisis for many households across the state.

Violation of Legal Protocols

The petition highlights a systematic disregard for the DK Basu Guidelines, a landmark Supreme Court judgment that outlines procedural safeguards during arrest and detention. These include mandatory arrest memos, timely communication to family members, and medical examinations—measures that the Assam Civil Society claims are being openly flouted.

Adding to the concerns, Choudhury alleges that some detainees are being "pushed back" across the India-Bangladesh border without following due diplomatic protocols. Such actions, he argues, violate international legal standards and run contrary to directives issued by the Ministry of External Affairs, which mandate a structured repatriation process involving bilateral coordination.

“These actions not only contravene the Foreigners Act but also infringe upon the fundamental rights guaranteed to every citizen under the Constitution,” Choudhury said in his petition, describing the situation as a “grave violation of human dignity and justice.”

Demands for Urgent Intervention

Choudhury has urged the NHRC to launch an immediate investigation into the alleged human rights violations and demanded:

• The release of individuals detained without due process.

• A halt to re-arrests carried out without fresh judicial approval.

• An end to all pushback operations that bypass diplomatic and legal frameworks.

• Enforcement of constitutionally mandated arrest procedures and legal protections.

Officials Named in the Petition

The petition names the following as opposite parties:

• Dr. Ravi Kota, IAS, Chief Secretary of Assam 

• Secretary, Ministry of External Affairs, Government of India

About the Petitioner

Choudhury, a veteran human rights lawyer and activist, has long been vocal about civil liberties and the treatment of minorities in Assam. Through the Assam Civil Society, he has regularly taken up legal and constitutional issues affecting marginalized communities in the state.

Also Read: Gauhati HC Issues Notice to Assam Govt Over Arrest & Detention of Suspected Foreign Nationals