Gauhati High Court
Ananta Baidya And Anr vs The Union Of India And 7 Ors on 4 June, 2020
Equivalent citations: AIRONLINE 2020 GAU 193
Author: P.K.Deka
Bench: Prasanta Kumar Deka, Parthivjyoti Saikia
Page No.# 1/4
GAHC010295632019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 8949/2019
1:ANANTA BAIDYA AND ANR.
S/O. LT. BASANTA KUMAR SUKLABAIDYA, VILL. JAPARAJAN, P.O.
JAPARAJAN, P.S. BOKAJAN, DIST. KARBI ANGLONG, ASSAM.
2: RANU SUKLABAIDYA
D/O. LT. BASANTA KUMAR SUKLABAIDYA
VILL. JAPARAJAN
P.O. JAPARAJAN
P.S. BOKAJAN
DIST. KARBI ANGLONG
ASSAM
VERSUS
1:THE UNION OF INDIA AND 7 ORS.
REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA,
SHASTRI BHAWAN, NEW DELHI-110001.
2:THE STATE OF ASSAM
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GUWAHATI-781006.
3:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSION
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI
DELHI-110001
INDIA.
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4:THE STATE COORDINATOR
NRC
ASSAM
1ST FLOOR
ACHYUT PLAZA
G.S. ROAD
BHANGAGARH
GUWAHATI
ASSAM-781005.
5:THE FOREIGNERS TRIBUNAL
DIPHU
KARBI ANGLONG
DIST. KARBI ANGLONG
ASSAM.
6:THE DY. COMMISSIONER
KARBI ANGLONG
P.O. AND P.S. BOKAJAN
DIST. KARBI ANGLONG
ASSAM.
7:THE SUPDT. OF POLICE (BORDER)
KARBI ANGLONG
P.O. AND P.S. BOKAJAN
DIST. KARBI ANGLONG
ASSAM.
8:THE OFFICER IN CHARGE OF BOKAJAN POLICE STATION
DIST. KARBI ANGLONG
ASSAM
Advocate for the Petitioner : MS. D GHOSH
Advocate for the Respondent : ASSTT.S.G.I.
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BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 04-06-2020 (P.K.Deka,J) Heard Ms. D. Ghosh, learned counsel for the petitioners. Also present Mr. J. Payeng, learned counsel for the State, Foreigners Tribunal, Ms. B. Das, learned counsel for the Election Commission of India and Ms. C. Hazarika for the learned Asstt. S. G. I. and NRC.
In this writ petition order dated 17.11.2000 passed by the Illegal Migrant (D) Tribunal, Karbi Anglong, Diphu is under challenge seeking it to be set aside. The petitioners are the legal heirs of late Basanta Suklabaidya against whom as stated by Ms. Ghosh, a reference was made by the Superintendent of Police(B), Karbi Anglong u/s 8 (1) of the IMDT Act, 1983 alongwith other family members . On the basis of the said reference being police reference case No. 317/1988, IMDT Case no. 161/ 1989 was registered and notice was issued to Basanta Suklabaidya and other family members who are the petitioners in this writ petition. Sri Basanta Suklabaidya appeared on his own and on behalf of other family members. He took time as per the impugned order to file his written statement but he did not submit any written statement and was absent since 29.7.1992 without any steps. Accordingly, the said proceeding was heard ex parte and finally vide order dated 17.11.2000, Basanta Suklabaidya and others were declared as illegal migrants and not citizens of India. The said Basanta Suklabaidya and Praveshini Suklabaidya in IM(D)T Case No. 161/1989 are the parents of present petitioners who died respectively in the year 2013 and 1996. It is submitted that the petitioners were totally in dark about the impugned order and it came to their knowledge during the NRC verification process. They applied for the certified copy of the order alongwith the relevant documents which was delivered on 21.10.2019. On perusal of the order, the petitioners could come to know that they were declared foreigners in the said case.
It is submitted by Ms. Ghosh that the reference was made only against Basanta Suklabaidya but not against the present petitioners as they were minors at that relevant time. As such the petitioners have filed this writ petition for setting aside the ex parte order and Page No.# 4/4 allow them to contest.
Mr. Payeng submits that the petitioners had no locus standi to contest the claim made in the reference against Basanta Suklabaidya. For that purpose, the petitioners, if aggrieved at all, must surrender before the Superintendent of Police (B), Karbi Anglong, Diphu informing their status consequent to the order of the Tribunal. The Superintendent of Police (B) is bound to refer for an opinion in respect of the citizenship of the present petitioners.
I have considered the submissions of the learned counsel. The submission of Mr. Payeng has force inasmuch as, though the petitioners are affected by the said order dated 17.11.2000 affecting their status of citizenship, they do not have any right to contest on behalf of the dead person Basanta Suklabaidya on the ground that a Foreigners' Tribunal has the jurisdiction to decide only in respect of the status of the citizenship against whom a reference is made by the Superintendent of Police(B), Karbi Anglong. In view of the position, we are inclined to set aside the ex parte order dated 17.11.2000 passed in IMDT Case No. 161/1989 by the Illegal Migrant(D) Tribunal, Karbi Along at Diphu, which we accordingly do and direct the petitioners to approach the Superintendent of Police(B), Karbi Anglong, Diphu and on representation made by the petitioners reference shall be made by the Superintendent of Police(B), Karbi Anglong within a period of 30(thirty) days from the date of representation for an opinion on the citizenship of the petitioners by the competent Foreigners Tribunal. Thereafter the Tribunal shall decide the reference within a period of 60(sixty) days from the date of appearance of the petitioners as per the law.
Accordingly, this writ petition is disposed of.
JUDGE JUDGE. Comparing Assistant