Guwahati: A five-member Constitutional Bench of the Supreme Court of India will hear four cases led by the Assam Sanmilita Mahasangha (ASM) from October 17 regarding the “protection” of indigenous communities in Assam.

Speaking about the upcoming hearing, Matiur Rahman, president of the ASM said that this was for the first time in the 76-year history of Assam’s linkage with India. 

He said that according to the Constitution of India, the base year for the identification of foreigners is 19 July 1948. 

However, the ‘Nehru-Liaquat Agreement’ was implemented on 8 April 1950 between the then Prime Minister of India, Jawaharlal Nehru and Prime Minister of Pakistan, Liaquat Ali Khan. Due to the pack, the first census was conducted in 1951. 

Therefore, the base year for identification of foreigners for information is 1951 and this is in force in all the states of India except Assam.

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He added that on July 12, 2005, the bench consisting of then Chief Justice of the Supreme Court RC Lahti, Justice GP Mathur and Justice PK Bala Subramanian ordered the annulment of the IMDT Act, which protects illegal foreigners, saying it was unconstitutional.

The organisation added that the regional organisations too have not taken any action to protect the indigenous people of Assam since 2005 despite the Supreme Court’s verdict.

The ASM further requested Union Minister Sarbananda Sonowal to file an affidavit in the Supreme Court in favour of the constitutional basis of 1951 for the protection of the indigenous people of Assam.

It may be mentioned that Sarbananda Sonowal, who had also been the Chief Minister of Assam was the person who had filed the petition in the Supreme Court to repeal the IMDT Act.

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They added that after the Supreme Court declared foreigners as invaders, the AASU, AGP and Assam Sahitya Sabha stood in favour of granting Indian citizenship to about 8 million illegal Bengali migrants (both Hindu-Muslim foreigners) as well as Nepali foreigners who had entered Assam till March 24, 1971. 

They claimed that the stand by these organisations was unfortunate for the people of Assam.

It claimed that the date to identify foreigners should be 1951 and not the date when Bangladesh got independence.

The ASM further added that if any unwanted disruptions or damages are caused by the stand by the above organisations, then they would be held responsible.

Rahman further said that 855 martyrs sacrificed their lives in the Assam movement only to implement the 1951 base year to detect foreigners in Assam.

The Assam Sanmilita Mahasangha said that after such a sacrifice, the leaders who led the Assam Movement agreed to 24 March 1971 as the cut-off year even though the initial demand was 1951.

They added that now that the Supreme Court of India would be hearing the cases, the AASU, AGP and Assam Sahitya Sabha to take oath in favour of 1951 as the base year.

This is the best and last chance to save the nation from the terrible damage caused by the mistakes of the past leadership, Matiur Rahman along with other ASM members said.

The ASM in a statement also said that admitting mistakes shows greatness and increases dignity and this is a matter of life and death for the indigenous peoples of Assam.

The Mahasangh further moved to say that they would not make any appeal to political parties like Congress, BJP, CPI, CPM, AIUDF and others as these parties “have been and will” continue to patronize foreigners for the sake of vote banks.

1951 as the base year is needed the protection of the indigenous people, they said.

They also called on the government to take legal action against the parties and organizations that are harbouring foreigners in violation of the country’s constitution.