Rivals lock horns over Nagaon women pushback row ahead of Oct 6 bypolls

The political row over the alleged pushback of two Nagaon women into Bangladesh has intensified ahead of the Nagaon Lok Sabha bypolls, with BJP candidate Debasish Sharma filing an FIR against All India United Democratic Front (AIUDF) chief Badruddin Ajmal over his remarks on the eviction and pushback operations.

Ajmal had described those involved in the operations as “killers” and referred to one of the women as having been “encountered”, prompting Sharma to approach the police.

Sharma filed the FIR at Nagaon Sadar police station on Saturday (October 3), alleging that Ajmal made false and defamatory remarks during his election campaign.

The Nagaon Lok Sabha by-election is scheduled for October 6, with counting slated for October 9. The seat fell vacant after former Congress MP Pradyut Bordoloi resigned and joined the BJP.

The contest is triangular, with Sharma (BJP), Ajmal (AIUDF) and Sibamoni Bora (Congress) being the main candidates.

HC finds procedural lapses

The controversy centres on Mumtaz Begum and Jahanara Begum, also referred to as Jahanara Khatun, from the Juria area of Nagaon district. The two women were allegedly illegally pushed across the India-Bangladesh border during the intervening night of June 13 and 14, 2026, after being declared foreigners by a Nagaon Foreigners Tribunal.

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The Gauhati High Court later found serious procedural lapses in both cases and directed the Assam government to pay interim compensation of Rs 2 lakh each to their families. It also impleaded the Ministry of External Affairs (MEA) to facilitate efforts to locate and bring the women back.

Mumtaz Begum (43) appeared before the Foreigners Tribunal on May 30, 2026. She was taken into custody the same day and subsequently moved through Juria and Nagaon Sadar police stations, the Matia Designated Camp in Goalpara and the Eraligool centre in Sribhumi.

She was handed over to the Border Security Force (BSF) on June 13 and, according to BSF records cited before the high court, was sent into Bangladesh shortly after midnight from the Kalaincherra area in Cachar.

Habeas corpus plea

Mumtaz's husband, Mujammel Hoque, was not informed of her deportation. He subsequently approached the high court through a habeas corpus petition.

In its September 3 order, the high court held that the Foreigners Tribunal had “deliberately and wilfully delayed” issuing a certified copy of its opinion, thereby preventing Mumtaz from exhausting her available legal remedies. The court set aside the tribunal’s finding, ordered fresh consideration and directed the Assam government to pay Rs 2 lakh to Hoque within 60 days. It also directed the MEA to help locate her in Bangladesh and facilitate her return.

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Mumtaz remains untraceable. Bangladesh authorities have confirmed that they launched a search following the high court’s directive, focusing on areas including Sylhet. No information about her whereabouts had been reported as of late September.

Similar case

Jahanara Begum’s case followed a similar course. The Foreigners Tribunal declared her a foreigner in 2019, but the Gauhati High Court set aside the order in April 2026 after finding that the tribunal had failed to consider evidence from three of four witnesses. The matter was remanded for a fresh hearing.

Jahanara appeared before the tribunal on May 29. Her plea for an adjournment was rejected, and she was subsequently handed over to the border police. She was moved through detention facilities before being sent into Bangladesh on the same night as Mumtaz.

Her son, Mujahidul Islam, also referred to as Md Mujahidul Islam, obtained a certified copy of the fresh tribunal order only on June 5.

The high court found that neither Jahanara nor any adult member of her family had been provided a copy of the order or informed about her detention and expulsion before she was deported. The court held that this denied her an opportunity to approach the high court.

Court cites Article 21

On September 3, the court directed the Assam government to pay Rs 2 lakh in interim compensation to Mujahidul Islam and impleaded the MEA for possible repatriation steps. It also ordered an inquiry into the delay in issuing the certified copy.

In both cases, the high court stressed that Article 21 of the Constitution protects the life and personal liberty of citizens as well as non-citizens. The court found that the manner in which the cases were handled had prevented the women from effectively exercising their right to judicial review.

The court also imposed interim safeguards requiring declared non-citizens to be provided copies of tribunal opinions before being taken into custody and their adult family members to be informed before they are shifted outside the jurisdiction.

Political row

The issue has now become a major point of confrontation in the Nagaon Lok Sabha by-election campaign.

On September 21, Ajmal raised the issue during an election rally in Nagaon and said he would approach the Supreme Court over the alleged pushback of the two women from Juria. He targeted Sharma, a former Nagaon district commissioner, alleging that the women were sentback when Sharma was serving in the district. Ajmal also accused the BJP government of selectively targeting Muslims during eviction drives.

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Sharma rejected the allegations and said pushback operations were carried out in accordance with court orders and that government officers were bound to comply. He also questioned why the issue was being raised during the election campaign and objected to the use of the term “encountered”.

“We have filed an FIR against him and we will ensure there will be action against him,” Sharma said.

There is no record of Ajmal claiming that the two women were killed in an encounter by Assam Police. His reported remarks described those involved in the pushbacks as “killers” and referred to Mumtaz Begum as having been “encountered”. Sharma has filed an FIR with the police; there is no information that he has approached a court against Ajmal.

Gogoi’s intervention

Meanwhile, Congress MP Gaurav Gogoi has sought urgent intervention from the Centre to trace the two women and facilitate their return to India.

In a letter to External Affairs Minister S Jaishankar, Gogoi urged the MEA to take up the matter with Bangladesh and ensure the return of Jahanara Begum of Bagariguri and Mumtaz Begum of Dhing Gaon. He said their families had been waiting for answers for months. The letter was reportedly sent on October 2.

Gogoi said the women’s detention had deprived them of an opportunity to obtain the fresh tribunal orders and challenge them before the high court.

He has urged the MEA to take up the matter with the Bangladesh government, direct the Indian High Commission in Dhaka and the Assistant High Commission in Sylhet to pursue the cases with Bangladeshi authorities, arrange consular assistance and travel documents for the women’s return, and keep their families informed through a designated point of contact.

“People should not simply disappear after being taken into State custody and pushed across an international border,” Gogoi said, stressing the need for immediate action to trace the two women and bring them back to India.