In what’s touted to have become “Hindu Rashtra” a “Bose” needs HC order to walk out of Silchar Detention Camp

India for Hindus and India’s doors are always open for Hindus.

India is “Hindu Rashtra”.

These are commons lines in political rallies of politicians who govern the country. Such speeches are shared tens and thousands of time on social media.

When the political discourse is all about Hindus and Hindus were in “Khatra” and now they have become safe in the current regime, as one after another Hindu is walking out of the Central Jails – the other name of detention camps in Assam.

On Tuesday, Amit Bose walked out of the Silchar Central Jail – cum detention camp. He was approached by the press for an interview. His second line contradicted the first one. The twentysomething had no clarity on his thoughts and could not even calculate his age. His father soon followed, “My son is suffering from schizophrenia.” A patient of schizophrenia was locked inside the detention camp for a period of five years and four months. Before that, he was subjected to rigorous imprisonment for a period of 12 months.

His father Arabindo Bose and mother Nilima Bose kept running from pillar to post to prove that Amit Bose is their child. Amit Bose’s father explains, “My son used to talk nonsense, and so I had lost my cool and started beating him. I thought that by beating him, I could bring him to his senses. I even got others to beat him, but that backfired. My son left our house without informing us.”

A resident of Radali Path, Dispur, Amit Bose reached Badarpur Railway Station the next morning. “There, he went to a RPF Jawan and said help me reach Bangladesh, I left the country last year. This is what brought the nemesis for my son,” Bose adds. On January 21, 2016, when Prime Minister Narendra Modi had famously said, “If elected to form the government in Assam, we will demolish all the detention camps in the state,” Judicial Magistrate of Karimganj passed an order which stated, “Amit Bose was convicted for committing an offence under Section 14 of the Foreigners Act, 1946, on the basis of his admission of guilt before the Judicial Magistrate First Class-II, Karimganj that he entered India from Bangladesh seeking better employment opportunities in India and because of his poverty he was not able to maintain his family. Accordingly, he was sentenced to undergo rigorous imprisonment for 1 (one) year”

You pass such a judgment on the basis of a statement from a teenager? questioned the family. “Once the foreigner stamp was put, it was impossible for me to afford a lawyer. Whoever I approached asked me for fees in lakhs, which I could not afford. After one year in jail, my son was sent to the detention camp where he has spent more than five years. We had all the documents necessary to prove that Amit Bose is our son, but none were taken into account,” said Amit Bose’s father.

In this petition, the grieving family has challenged the order dated 21.01.2016 passed by the Judicial Magistrate First Class-II, Karimganj in GR Case No.39/2016 arising out of P.S. Case No.19/2016 by which the petitioner’s son, namely, Amit Bose was convicted for committing an offence under Section 14 of the Foreigners Act, 1946, on the basis of his admission of guilt before the Judicial Magistrate First Class-II, Karimganj that he entered India from Bangladesh seeking better employment opportunities in India and because of his poverty he was not able to maintain his family. Accordingly, he was sentenced to undergo rigorous imprisonment for 1 (one) year.

The family moved to the Guwahati High Court. Hearing the case, Justice Kotiswar Singh noted, “The present petition has been preferred by the mother of the petitioner contending that her son is not a foreigner but an Indian who is suffering from schizophrenia and because of financial constraints the petitioner’s family could not approach the Court earlier to challenge the conviction order of the petitioner’s son.”

The court order adds, “In this regard, the petitioner (mother of Amit Bose, Nilima Bose) has submitted certain documents to show that her son is suffering from schizophrenia. Further, it has been submitted that if the necessary evidence had been produced before Judicial Magistrate First Class-Il, Karimganj at the relevant time, the petitioner’s son would not have been convicted as her son is not a Bangladeshi as mentioned in the order dated 21.01.2016 but an Indian.”

Adding, “Considering the peculiar nature of the case, this Court vide order dated 08.04.2022 had directed the District Legal Service Authority, Cachar, Silchar as well as the District Legal Service Authority, Kamurp (M) to submit a report respectively on the background of the families of the present petitioner and their linkage with the said Amit Bose, whom the present petitioner claims to be her son after interacting with them. The reports so submitted by the two District Legal Services Authorities clearly indicate that the present petitioner is the mother of the said Amit Bose and Amit Bose had left home sometime in the year 2016 without informing his family.”

If Amit Bose has walked out from the Silchar Central jail on Tuesday, it is not because he is Hindu, but because of the High Court’s order. “It is directed that, in the meantime, the petitioner’s son, namely, Amit Bose, who is currently in detention in the Central Jail-cum-Transit Camp, Silchar be released and be handed over to the custody of the present petitioner. However, the petitioner will furnish an undertaking before the Superintendent of Police (Border), Karimganj to produce her son before him as and when directed by this Court. The Superintendent of Police (Border), Karimganj in turn will coordinate with the jail authorities of the Central Jail-cum-Transit Camp, Silchar to handover custody of the said Amit Bose to the petitioner.”

No, Amit Bose is not free. He is just out with a promise that he will make himself present whenever summoned. Basically, he is in an open jail.