2021 Statelessness & Citizenship Review 3(1) allegations’. 143 Worryingly, despite the lack of evidence, the decision to deport the petitioners had been upheld by the trial court. Throughout the 1950s, migration continued on both sides of the border with Muslims moving to West Pakistan and Hindus moving from East Bengal to India. 144 At the same time, the plight of minorities in both countries continued to burden officials in both governments. High Commissioners’ reports to India throughout the 1950s and early 1960s had large sections devoted to the condition of minorities, particularly in East Pakistan. 145 Ten years after Partition, the Deputy High Commissioner in Lahore was still running the DAV College camp for nonMuslims awaiting migration to India — the number of camp inmates actually increased in 1956. 146 Pakistan’s first, short-lived Constitution declared Pakistan to be an Islamic state (albeit with protections for minorities). This further cemented the belief in India that Pakistan would not provide a fair deal for its minorities. The High Commissioner of India made a point of mentioning that most representatives from minority parties had voted against it and that it exacerbated fears of ‘fanaticism’ in East Bengal. 147 A temporary lull in migration, following better relations between India and Pakistan between 1958–62, sparked hopes that the displacements of Partition were over but this proved illusory. In the early 1960s, the Central Government increased the deportation of Muslims living in Assam after the 1961 census, launching the Prevention from Infiltration from Pakistan scheme (‘Operation PIP’). This saw the creation of the first Foreigners Tribunals in 1963, which were given the power to summarily issue ‘Quit India’ notices to those adjudged foreigners. 148 Additionally, by increasing surveillance and screening the inhabitants of all border districts in Assam, Operation PIP made the border an intrusive reality in the lives of villagers. Over 200,000 people were issued these notices. 149 In 1963, these numbers prompted the Government of Pakistan to complain about a ‘sustained campaign of eviction of Indian Muslims from Assam and Tripura’. 150 India responded sharply by arguing that this was a response to uncontrolled Pakistani infiltration. A few months later, in January 1964, riots in East Bengal (themselves provoked by the theft of a hair of the prophet in Kashmir) provoked clashes in West Bengal, 143 Abida Khatoon v State of Uttar Pradesh [1963] AIR Allahabad 260: the only proof that could 144 145 146 147 148 149 150 be given of the intention to emigrate was a statement made by the husband of the petitioner who claimed that ‘when leaving for Pakistan, he had cast a lingering look behind to his native country and cherished home’. On the contrary, the petitioners had left almost all their belongings in India and had made no attempt to dispose of their property; this, however, was only considered by the High Court. The Prime Minister was kept informed of these numbers, as a series of files in the National Archives suggests. Copy on hand with author. The fortnightly reports from Dacca in 1960 and 1961, for instance, have a separate section devoted to minority affairs, where they cover the condition of minorities and threats of violence, often with subheadings like ‘Nightmare Haunts The Hindus’: Reports (Other than Annual) From Dacca (Archived at Pakistan 6(32) RBI/60 196(d), National Archives of India). Copy on hand with the author. DAV College Camp, Lahore, For the Year 1957–58 (Archived at F7—57/pak-I, National Archives of India, 1957–58). Copy on hand with the author. Fortnightly Reports from Karachi, April 1956 (Archived at 3(71)/56 Pak-I, National Archives of India, April 1956). Copy on hand with the author. Government of Assam, White Paper on the Foreigners Issue (Web Page, 20 October 2012) <https://cjp.org.in/wp-content/uploads/2018/10/White-Paper-On-Foreigners-Issue-20-102012.pdf>. ibid 12. Note from Pakistani Ministry of Foreign Affairs to the Indian High Commission in Pakistan, 8 August 1963 quoted in Bhasin (n 66) 7447–49. 230

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