Gauhati High Court
Narayan Paul vs The Union Of India And 7 Ors on 10 December, 2018
Author: Manojit Bhuyan
Bench: Manojit Bhuyan, Nani Tagia
Page No.# 1/4
GAHC010244352018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7656/2018
1:NARAYAN PAUL
S/O- LATE HARKUMAR PAUL, R/O- VILL- TALSIBARI, UNDER RANGIYA
POLICE STATION, DIST- KAMRUP
VERSUS
1:THE UNION OF INDIA AND 7 ORS
THROUGH THE HOME SECRETARY, MIN OF HOME AFFAIRS, GOVT OF
INDIA, SHASTRI BHAWAN, NEW DELHI
2:THE STATE OF ASSAM
REP. BY THE SECRETARY
DEPTT OF HOME AFFAIRS
GOVT OF ASSAM
DISPUR
GUWAHATI- 781006
3:THE ELECTION COMMISSIONER
ASSAM
DISPUR
GUWAHATI- 6
4:THE STATE COORDINATOR
NRC
BHANGAGARH
GHY- 5
5:THE FOREIGNER REGIONAL REGISTRATION OFFICER
KAMRUP
GUWAHATI
DIST- KAMRUP
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ASSAM
6:THE DEPUTY COMMISSIONER
KAMRUP(R)
DIST- KAMRUP
ASSAM
7:THE SUPERINTENDENT OF POLICE(B)
KAMRUP
DIST- KAMRUP
ASSAM
8:THE OFFICER IN CHARGE
RANGIYA POLICE STATION
DIST- KAMRUP(R)
ASSA
Advocate for the Petitioner : MR. H A SARKAR
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE MANOJIT BHUYAN
HON'BLE MR. JUSTICE NANI TAGIA
O R D E R
10.12.2018 (Manojit Bhuyan, J) Heard Mr. H.A. Sarkar, learned counsel for the petitioner as well as Ms. G. Sarmah, learned counsel for respondent no. 1; Mr. A. Kalita, learned counsel for respondent nos.2, 5, 6, 7 and 8; Ms. N. Upadhyay, learned counsel for respondent No.3 and Ms. U. das, learned counsel for respondent no.4.
The Foreigners' Tribunal, Guwahati passed order dated 07.07.1989 in M.F.T. Case Page No.# 3/4 No.1797/1989, declaring the petitioner to be a foreigner who illegally migrated to India after 01.01.1966 but before 25th March, 1971.
Mr. Sarkar submits that in the aforesaid order dated 07.07.1989 there was no direction for registering the name of the petitioner before the concerned registering authority. It is also submitted that the petitioner was not aware of the fact that he was required to register his name before the said appropriate authority.
We have heard the learned counsels for the parties and also take note of the order passed in a writ petition involving similar subject matter. Notice is had to the order dated 11.09.2017 passed in WP(C) 2295/2014 ( Pronoti Bala Sarkar and others vs. State of Assam and Others). In the said case, this Court after noticing the relevant provisions under the Citizenship Act, 1955, as amended, and that under the Citizenship Rules, 2009, together with the Full Bench decision in State of Assam and Others vs. Moslem Mondal and Others, reported in (2013) 1 GLT 809, held that it would meet the ends of justice to permit the petitioners therein to get themselves registered as foreigners belonging to the 01.01.1966 to 25.03.1971 stream, even at the belated stage. Petitioner also places reliance in the order dated 23.07.2018 passed in WP(C) 4647/2018 ( Laba Das and another vs. Union of India and others ) whereby direction was made for registration pursuant to order that had been passed way back on 15.11.1990.
Having regard to the submission of Mr. Sarkar and in view of the order passed in Pronoti Bala Sarkar (supra) and Laba Das (supra), we make a direction to the petitioner to approach the Foreigners Regional Registration Officer (FRRO), Kamrup (Metro) within a period of 30 (thirty) days from today. Upon such approach being made within the period indicated above, the Foreigners Regional Registration Officer (FRRO), Kamrup (Metro) shall take appropriate steps in accordance with law. Legal consequences shall accordingly follow. It is made clear that if the petitioner does not approach the Foreigners Regional Registration Officer (FRRO), Kamrup (Metro) within the period above, he shall be liable to be apprehended and deported from India. It is also made clear that consequent upon such registration the petitioner shall not be allowed to cast his vote for the next 10(ten) Page No.# 4/4 years from the date of registration.
With the above observation and direction, the writ petition stands disposed of.
JUDGE JUDGE Comparing Assistant