Hoque's case had received widespread coverage and outrage.
The retired JCO from Assam, Mohammad Hoque who was served a notice by the Foreigners Tribunal asking him to prove his nationality, has been declared an Indian citizen.
Lawyer-activist Aman Wadud, who was appearing on his behalf, said that Hoque was declared an Indian citizen based on a report prepared By the Assam Police.
Wadud also wrote on Twitter; “Appeared before Foreigners Tribunal,Boko, today for Retd Armyman Azmal Hoque. Based on report of Assam Police, the case has been withdrawn.” Hoque's case reciewed widespread media attention and DNA reported it on October 1.
Earlier, facing embarrassment, the Assam police called it a case of mistaken identity. Md Azmal Hoque, an Assam-based retired Junior Commissioned Officer (JCO), had said that a foreigners tribunal sent him a notice last month asking him to prove that he was an Indian citizen and not an illegal Bangladeshi migrant.
The notice had placed him in the D-voter or doubtful- voter category.
The notice was intended to be served on Md Azmal Hoque, son of Maqbool Ali, of village Kalahikas under Boko police station but was served on the retired army JCO Azmal Hoque, son of Mokbul Hussain of the same village.
"It clearly shows that the case was registered against a different person and not the retired JCO. Unfortunately, due to the similarity of their names, the notice appears to have been wrongly served on the retired JCO," Sahay said.
Preliminary inquiry suggests that the local police could not serve the notice in the first attempt and brought it back to Boko police station but the retired JCO had it collected through his brother though the border police had suggested that the notice was perhaps not meant for him.
"The chief minister (Sarbananda Sonowal) has directed that the matter should be investigated expeditiously and accountability for lapses, if any, resulting in the wrong service of the notice," Sahay said.
The offices of Director General (Border) and Superintendent of Police of Kamrup (Rural) district have been directed to investigate the matter and submit the findings, fixing the accountability, within a week.
Assam Police has already contacted senior army officials and explained the matter to them and is also in touch with the retired JCO to resolve the matter, the DGP added.
With inputs from PTI
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