Constitutional Crisis: Supreme Court to Decide Fate of Widow Declared ‘Non-Indian’
(By Syed Ali Taher Abedi)
The legal battle of Aheda Khatun, a 44-year-old Muslim widow, has reached the highest halls of justice in India, raising profound questions about citizenship, procedural fairness, and the human cost of administrative delays.
Declared a “non-Indian” despite having a family of Indian citizens, Khatun’s journey from a village in Nagaon to a life in exile in Bangladesh highlights a stark gap in the legal machinery of Assam’s citizenship verification process.
The Origins of the Dispute
The case dates back to a 1998 police reference, initiated without Khatun’s knowledge by an Electoral Registration Officer.
It wasn’t until 2017 that the matter reached the Foreigners’ Tribunal (FT). In September 2019, the Tribunal declared her a foreigner, asserting she failed to establish a “linkage” to her Indian parents and grandparents—despite her siblings and parents being recognized as Indian citizens.
Khatun’s defense rested on what her legal team calls “authoritative documents,” including:
- Voter Lists: Her parents appeared in the electoral rolls of 1965, 1970, 1985, and 1987.
- Property Records: A 2010 registered gift deed of ancestral land from her father.
- Educational Proof: Certificates from the Madrassa where she and her brother studied.
- Village Records: Certificates from the Gaonburah (Village Headman).
The Tribunal’s Rejection & Legal Limbo
During the proceedings, Senior Advocate C.U. Singh noted that Khatun produced nine documents and corroborated them with witness testimonies, including the school headmaster and the Gaonburah. However, the Tribunal rejected the Gaonburah certificate on a technicality:
it bore the State Emblem, a long-standing rural practice that the Tribunal deemed inadmissible.
Following the 2019 order, Khatun was held in a detention camp until her release during the Covid-19 pandemic.
In August 2025, the Gauhati High Court dismissed her plea for a re-examination. Crucially, the High Court did not rule on the merits of her citizenship but dismissed the case solely on the grounds of delay, as she approached the court six years after the Tribunal’s initial order.
Exile and the Supreme Court Appeal
Following the High Court’s dismissal, authorities “pushed back” Khatun into Bangladesh, where she has resided since late 2025.
Her brother has since filed an affidavit in the Supreme Court, swearing to the authenticity of their family documents and their shared lineage.
On Monday, a Supreme Court division bench—comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi—issued a notice to the Assam government.
The petition raises a critical constitutional question: Does a High Court have an obligation to assess “perversity” in a Tribunal’s order when a person’s fundamental life and liberty are at stake, even if there is a delay in filing?
Case Timeline: Aheda Khatun’s Struggle
| Year | Event |
| 1965–1987 | Khatun’s parents appear in Indian electoral rolls. |
| July 1981 | Aheda Khatun is born in Nagaon, Assam. |
| 1998 | Police reference initiated against her (unknown to Khatun). |
| 2017 | The case reaches the Foreigners’ Tribunal. |
| Sept 2019 | Declared a “non-Indian” by the Tribunal. |
| 2020–2021 | Held in a detention camp; released during the pandemic. |
| Aug 2025 | Gauhati HC dismisses her plea due to delay; she is deported to Bangladesh. |
| Jan 2026 | Supreme Court issues notice to the Assam government. |
“The High Court disposed of the petition solely on the ground of delay, imputing falsity to her instead of rectifying patent errors in the Tribunal’s order.”
— Senior Advocate C.U. Singh
The Supreme Court’s decision in this case could set a vital precedent for thousands of others in Assam who face statelessness due to technical clerical errors or procedural hurdles.
The petition in Supreme Court is filed through Advocate Adeel Ahmed
