Mohd Azmal Haque, who had retired past year as Junior Commissioned Officer (JCO) has posted a video on social media stating that he had received a notice from government placing him in the doubtful-voter category.
The notice said that Haque had entered the country without valid papers after March 25, 1971, the cutoff date for being eligible for Indian citizenship under the Assam Accord, and so he needed to prove that he was an Indian.
For 30 years he served the Indian Army.
The notice, issued on July 6, asked Hoque to appear before the court on September 11 to prove his citizenship, failing which the case against him would continue ex-parte.
DNA reported that the retired officer has been told to appear before the tribunal on 13 October. "I request the Prime Minister, the President, and the Home Minister to end this harassment of a proper citizen", Haque told CNN-News18.
Not just him, his wife Mamataj Begum, was also served a notice by the Tribunal in 2012 to prove her citizenship.
These tribunals were set up in Assam to determine the status of citizens whose Indian nationality was found to be doubtful. A foreigners' tribunal later held him an Indian citizen.
Case is registered against retired Junior Commissioned Officer Mohd Azmal Haque for being a foreigner. At this point of time, there are more than 1,000 people lodged in detention centres without the probability of parole.
Hoque is a resident of Kalahikash in Assam, a state where infiltration from Bangladesh has been a sensitive issue. "Its a 2008 case and on Tuesday (October 3) when the court reopens, we will send for the documents".
Replying to Waduds tweet, Major D P Singh notified the Eastern Command, which said "necessary assistance will be provided to the veteran".
Social media criticised Assam police over the decision.
Haque's lawyer, Aman Wadud, who is now gearing up to fight this case out in the tribunal took to Twitter on Saturday to expose how the retired Armyman was being humiliated.
"My father's name (Maqbool Ali) is in the 1966 voter's list, and in village surveys in 1961, 1962 and we have kheraj patta from 1963, while my mother's name (Rahimon Nesa) is mentioned in the 1951 National Register of Citizens (NRC)", he said.
"He (Haque) is being accused as "illegal immigrant" without any investigation whatsoever". The onus to prove that one is an Indian citizen is on the person served with notice.