Gauhati High Court
Moran Majumdar vs The Union Of India And 3 Ors on 20 October, 2022
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010018012016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3597/2016
MORAN MAJUMDAR
S/O- UPENDRA MAJUMDAR, R/O VILL.- MONOJOLI, P.S.- DHEKIAJULI,
DIST.- SONITPUR, ASSAM.
VERSUS
THE UNION OF INDIA and 3 ORS
THROUGH THE MINISTRY OF HOME AFFAIRS, GRIHA MANTRALAYA,
NEW DELHI.
2:THE STATE OF ASSAM
THROUGH THE SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY- 6.
3:THE DY. COMMISSIONER
SONITPUR
P.O.- TEZPUR
DIST.- SONITPUR
ASSAM.
4:THE SUPERINTENDENT OF POLICE BORDER
P.O.- TEZPUR
DIST.- SONITPUR
ASSAM
Advocate for the Petitioner : MS.J BORAH
Advocate for the Respondent : GA, ASSAM
Page No.# 2/4
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MRS. JUSTICE MITALI THAKURIA
ORDER
20.10.2022 Pathak, J.
Heard Mr. S. C. Biswas, learned counsel appearing for the writ petitioner. Also heard Ms. J. Sarma, learned Central Govt. Counsel appearing for the respondent No.1, Mr. A. Kalita, learned Standing Counsel, Foreigners Tribunal, appearing for the respondent Nos.2 and 4, and Ms. U. Das, learned Govt. Advocate, Assam appearing for the respondent No.3.
In a proceeding referred by the Superintendent of Police, Sonitpur, Tezpur under the provisions of the Illegal Migrants (Determination by Tribunals) Act, 1983 on 21.10.1983 a case was registered against the petitioner regarding his citizenship. After the decision of Hon'ble Apex Court rendered on 12.07.2005 in the case of Sarbananda Sonowal Vs. Union of India and others by which the Illegal Migrants (Determination by Tribunals) Act, 1983 was declared to be unconstitutional, the said proceeding initiated against the petitioner under the IMDT Act, 1983 was re-registered as F.T. Case No.20/2015 under the provisions of the Foreigners Act, 1946 before the Foreigners Tribunal No.9, Sonitpur at Dhekiajuli. In the said F.T. Case No.20/2015 the concerned Tribunal issued notice to the petitioner and upon receipt of the same the petitioner contested the said case by submitting his written statement, adduced evidence and certain documents. The concerned Foreigners Tribunal by its opinion dated 02.05.2016 passed in the said F.T. Case No.20/2015 declared/opined the petitioner to be a Page No.# 3/4 foreigner of post 25.03.1971 stream. The petitioner preferred this writ petition on obtaining certified copy of the said order/opinion.
While obtaining certified copy of the said order/opinion dated 02.05.2016 passed in F.T. Case No.20/2015 by the learned Member, Foreigners Tribunal No.9, Sonitpur at Dhekiajuli, it was found that the last part of paragraph 8 and paragraph 9 of the said impugned opinion contained the name of one Md. Muslemuddin, S/o Lt. Harej Ali, resident of Ward No.2 Dhekiajuli Town, Police Station - Dhekiajuli, District- Sonitpur, Assam holding that the said Md. Muslemuddin is not a foreigner of any stream and accordingly the reference was answered in the negative and in favour of the said Muslemuddin, though the said F.T. Case No.20/2015 was with regard to the petitioner, namely, Moran Majumdar, S/o Upendra Majumdar, village Monojoli, P.S.- Dhekiajuli, District - Sonitpur, Assam. The petitioner filed this writ petition challenging the impugned opinion dated 02.05.2016 passed in the said F.T. Case No.20/2015 as it contained the name of one Md. Muslemuddin, son of Late Harej Ali instead of the petitioner, Moran Mazumdar.
While perusing the record of said F.T. Case No.20/2015 in original that was called for, we found that the certified copy obtained by the petitioner with regard to the impugned opinion dated 02.05.2016 passed by learned Member, Foreigners Tribunal No.9, Sonitpur, Dhekiajuli in F.T. Case No.20/2015 is same upto the first part of Para 8. However, there is no second part of paragraph 8 after the line "in which it reflected that during investigation OP could not produce any record/documents to show that he is a genuine citizen of India". We have further observed that paragraphs 9 and 10 of the original record relating to the Page No.# 4/4 impugned opinion dated 02.05.2016 passed in F.T. Case No.20/2015 are totally different from the certified copy of the said opinion dated 02.05.2016 annexed with this writ petition and further, the paragraph 11 of the said opinion dated 02.05.2016 is missing in its certified copy annexed to the petition.
Mr. S. C. Biswas, learned counsel for the petitioner as well as the learned counsels for the respondents including Mr. A. Kalita and Ms. U. Das have perused the original record of F.T. Case No.20/2015 and found the difference in the original impugned opinion dated 02.05.2016 as available in the case record and the certified copy of the said opinion dated 02.05.2016 annexed to this writ petition.
After perusing the original record, on instruction of the petitioner, Mr. S. C. Biswas submits that petitioner is not pressing this petition further. However, the petitioner sought for liberty to file afresh as and when fresh cause of action arises.
Accordingly, this writ petition stands dismissed as not pressed, granting liberty to the petitioner as prayed for.
Registry shall return the relevant record of F.T. Case No.20/2015 disposed of on 02.05.2016 to the office of the Foreigners Tribunal No.9, Sonitpur, Dhekiajuli forthwith along with a copy of this order.
JUDGE JUDGE Comparing Assistant