The Indian Supreme Court has granted temporary protection from deportation to Zainab Bibi, a woman from Assam who was declared a foreigner by a Foreigners Tribunal under Section 2(a) of the Foreigners Act, 1946. The Gauhati High Court had earlier upheld this decision, dismissing her plea.
Read also: "Black Cat Commando Must Surrender: Supreme Court Denies Exemption in Dowry Death Case"
The matter was heard by a bench of Justices Ujjal Bhuyan and K. Vinod Chandran, who issued a notice to be responded to on August 25, 2025.
The Supreme Court order dated June 24, 2025 reads—“In the meantime, the petitioner shall not be deported and no coercive steps shall be taken against the petitioner.”
The petitioner was represented by advocates Fuzail Ahmed Ayyubi and Akansha Rai.
Background of the case
Zainab Bibi approached the Supreme Court challenging the judgment of the Gauhati High Court dated February 17, 2025, which upheld the opinion of the Foreigners Tribunal passed on May 20, 2017, declaring her a foreigner.
Read also: Supreme Court Summons UP Jailor for Ignoring Bail Order, Calls It 'Travesty of Justice'
Claiming to be an Indian citizen by birth, she submitted a number of documents to support her case, including:
- The 1951 NRC list
- Voter lists from 1965 to 2018
- Jamabandi (land revenue) records
- Gaon Panchayat and Gaonburah (village headman) certificates
Despite this, the tribunal rejected her claim, mainly due to discrepancies in names and the absence of a mention of an uncle in the witness statements. Gaonburah certificates, which attempted to explain the name difference (such as “Kasom Ali” vs “Abul Kasem”), were not accepted due to lack of corroborating testimony.
Zainab Bibi’s petition states that the tribunal passed a mechanical two-page order while ignoring crucial documents and failing to appreciate her evidence. It references the Supreme Court judgment in Mohd. Rahim Ali v State of Assam (July 11, 2024), in which the Court raised concerns over opaque and arbitrary proceedings in declaring residents as foreigners.
Read also: PIL filed in Supreme Court Seeking Grounding of Air India's Boeing Fleet After Ahmedabad Plane Crash
In Mohammed Rahim Ali v State of Assam (2024), the Supreme Court held that “mere suspicion is not a sufficient ground to initiate proceedings under the Foreigners Act.”
However, the High Court ruled that the petitioner had not sufficiently discharged the burden of proof under Section 9 of the Foreigners Act, saying that the oral testimony of his mother alone was insufficient.
The case also links to the larger issue of Assam’s “push-back” policy, where individuals are being deported across the Bangladesh border without due process. The Supreme Court has recently dealt with similar cases, including:
- A writ petition challenging arbitrary deportation by the All BTC Minority Students Union (ABMSU).
- A case in which a son challenged the custody of his mother under similar circumstances.
The Assam government defended its actions under the Immigrants (Expulsion from Assam) Act, 1950, claiming that over 330 people have been expelled without judicial intervention, triggering legal and public scrutiny.
From the court record (June 24, 2025):
“Delay condoned. Notice to be returned on 25.08.2025. In the meantime, the petitioner shall not be deported and no coercive steps shall be taken against the petitioner.”
This interim order by the Supreme Court provides much-needed relief to Zainab Bibi during the proceedings of her case. The Court’s intervention highlights ongoing concerns about citizenship verification and due process in Assam.
Case No. – Diary No. 20270/2025
Case Title – Jaynab Bibi v. Union of India
