Gauhati High Court
Smt. Chaina Rani Das @ Chaina Bala Das vs The Union Of India And 5 Ors on 21 May, 2019
Author: Manojit Bhuyan
Bench: Manojit Bhuyan, Manish Choudhury
Page No.# 1/4
GAHC010279122018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 8703/2018
1:SMT. CHAINA RANI DAS @ CHAINA BALA DAS
W/O. NIRMAL DAS, D/O. LT. MONINDRA MOHAN RAY, VILL. KHERBARI
PART-IV, P.S. AGOMANI (PREVIOUSLY GOLAKGANJ), DIST. DHUBRI,
ASSAM.
VERSUS
1:THE UNION OF INDIA AND 5 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, DEPTT. OF HOME, NEW
DELHI.
2:THE STATE OF ASSAM
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GUWAHATI-06.
3:THE SUPDT. OF POLICE (B)
DIST. DHUBRI
ASSAM.
4:THE DY. COMMISSIONER
DIST. DHUBRI
ASSAM.
5:THE ELECTION COMMISSIONER OF INDIA
REP. BY THE SECRETARY OF THE COMMISSION. H.Q. NEW DELHI.
6:THE STATE CO-ORDINATOR
NRC
Page No.# 2/4
ACHYUT PLAZA
BHANGAGARH
DIST. KAMRUP (M)
GUWAHATI-05
ASSAM
Advocate for the Petitioner : MR. I HAQUE
Advocate for the Respondent : ASSTT.S.G.I.
:: BEFORE ::
HON'BLE MR. JUSTICE MANOJIT BHUYAN
HON'BLE MR. JUSTICE MANISH CHOUDHURY
O R D E R
21.05.2019 (Manojit Bhuyan, J) Heard Mr. I. Haque, learned counsel for the petitioner as well as Mr. J. Payeng, learned counsel representing respondent nos. 2, 3 and 4. Ms. U. Das, learned counsel represents respondent no.6. None appears for the respondent nos.1 and 5.
Challenge in this writ petition is to the order dated 30.06.2016 passed by the Foreigners' Tribunal 10th, Dhubri, declaring the petitioner to be a foreigner entering India (Assam) on or after 25.03.1971.
Mr. Haque submits that the order dated 30.06.2016 is not sustainable in law having regard to the Report of the Inquiry Officer and the reference made by the Superintendent of Police, Dhubri. It is seen from the Interrogation Report of one Nripendra Mahanta, Sub- Inspector (Border) that on enquiry it was found that the name of the petitioner's father appeared in the Electoral Roll of 1966 and as per the document the petitioner is an Indian citizen by birth. There is also an endorsement made by the Superintendent of Police, Dhubri, agreeing with the Inquiry Report and referring the matter to the Foreigners' Tribunal for disposal.
Page No.# 3/4 On receipt of the above, initially, the F.T. Case No.7268/GKJ/II was registered and after creation of additional Tribunals, the same was re-numbered as Case No.FT(10)/AGM/153/2016 and assigned to the Foreigners' Tribunal 10 th, Dhubri, Assam for opinion. As stated above, the said case was closed vide order dated 30.06.2016 declaring the petitioner to be a foreigner entering Assam on or after 25.03.1971.
On similar facts where despite Superintendent of Police making an observation that the suspect did not appear to be a foreigner and the Tribunal concerned had held otherwise, our attention is drawn to the case in WP(C) 2674/2016 ( Monowara Khatun vs. Union of India and Ors.). In the said case a co-ordinate Bench of this Court had set aside the order of the Tribunal with observation that the Tribunal ought to have returned the reference back to the Referral Authority i.e. the Superintendent of Police (Border), Dhubri. This Court also held that the notice issued by the Tribunal was contrary to the reference made. For better appreciation, the operative part of the order dated 12.01.2018 passed in the aforesaid WP(C) 2674/2016, is reproduced hereunder:
"In the light of the above position, we feel that Tribunal ought to have returned the reference back to the referral authority, i.e., Superintendent of Police (Border), Dhubri. Notice issued by the Tribunal was apparently contrary to the reference made. Though this Court has clarified that if Tribunal finds a reference to be contrary to the materials on record or finds the reference to be faulty, it should remand the matter back to the referral authority for making a fresh reference but in the instant case, we find from the affidavit of the Director General of Police, Assam dated 18.06.2016 that report of the Enquiry Officer as well as endorsement of the Superintendent of Police (Border), Dhubri were made after proper application of mind.
In such circumstances, without entering into merits, we feel that impugned order passed by the Tribunal dated 14.03.2016 cannot be sustained and is accordingly set aside.
Writ petition is disposed of."
Having regard to the facts in the instant case vis-a-vis the decision rendered in WP(C) 2674/2016, as above, by a co-ordinate Bench, the present writ petition stands disposed of by interfering with the order dated 30.06.2016 passed in Case Page No.# 4/4 No.FT(10)/AGM/153/2016. We make a direction to the Superintendent of Police, (Border), Dhubri to cause fresh investigation into the matter and thereafter to take necessary steps in accordance with law. It is made clear that the petitioner shall make herself available before the Superintendent of Police, (Border), Dhubri on 07.06.2019 to receive further instructions from the said authority.
Case Records be sent back to the concerned Tribunal.
A copy of this order be supplied to Mr. Payeng during the course of the day for onward transmission to the Superintendent of Police, (Border), Dhubri.
JUDGE JUDGE Comparing Assistant