Gauhati High Court
Anjana Biswas @ Anjana Sarkar vs The Union Of India And 7 Ors on 20 August, 2021
Bench: N. Kotiswar Singh, Soumitra Saikia
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GAHC010018302019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/635/2019
ANJANA BISWAS @ ANJANA SARKAR
WIFE OF RATAN SARKAR, RESIDENT OF VILLAGE- KHANDAJAN, POST
OFFICE- MANIPUR, POLICE STATION- MORIGAON, DISTRICT- MORIGAON,
ASSAM, PIN- 782127.
VERSUS
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 GOVERNMENT 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- 110001.
4:THE STATE CO-ORDINATOR
NATIONAL REGISTRATION OF CITIZENS
ASSAM
1ST FLOOR
ACHYUT PLAZA
G.S. ROAD
BHANGAGARH
GUWAHATI
ASSAM
PIN- 781005.
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5:THE DEPUTY COMMISSIONER
MORIGAON
P.O. AND P.S. MORIGAON
DIST.- MORIGAON
ASSAM
PIN- 782105.
6:THE FOREIGNERS TRIBUNAL NO. 2ND
MORIGAON
ASSAM
DIST.- MORIGAON
ASSAM
PIN- 782105.
7:THE SUPERINTENDENT OF POLICE (BORDER)
MORIGAON
P.O. AND P.S. MORIGAON
DIST.- MORIGAON
ASSAM
PIN- 782105.
8:THE OFFICER-IN-CHARGE OF MORIGAON POLICE STATION
P.O. MORIGAON
DIST.- MORIGAON
ASSAM
PIN- 782105
Advocate for the Petitioner : MS. D GHOSH
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE HON'BLE MR. JUSTICE N. KOTISWAR SINGH HON'BLE MR. JUSTICE SOUMITRA SAIKIA order 20-08-2021 [N. Kotiswar Singh, J] Heard Ms. H. Betala, learned counsel for the petitioner. Also heard Ms. L. Devi, learned Page No.# 3/5 counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned Asstt. SGI for respondent No.1; Mr. A. Kalita, learned Special Counsel, F.T. appearing for respondent Nos.2, 5, 6, 7 & 8; Ms. B. Das, learned Standing Counsel, ECI, appearing for respondent No.3 and Ms. L. Devi, learned Standing Counsel, NRC appearing for respondent No.4.
2. The petitioner has approached this Court by challenging the order dated 28.11.2018 passed by the Foreigners Tribunal No.2, Morigaon, Assam, in Case No. F.T.(D) 873/2011 by which the petitioner was declared a foreigner of post 1971 stream.
3. Though many grounds have been raised in challenging the opinion dated 28.11.2018 passed by the Foreigner Tribunal No.2, Morigaon in Case No.F.T.(D) 873/2011, one of the grounds is that the Tribunal, without proper application of mind with reference to the various documents and oral evidence adduced by the petitioner, had rejected the claim of the petitioner as the name of her mother was not mentioned in the written statement.
4. In that view of the matter, learned counsel for the petitioner submits that the petitioner may be given another opportunity to approach the Foreigner Tribunal No.2, Morigaon, Assam for reviewing the order dated 28.11.2018 passed in Case No. F.T.(D) 873/2011.
5. We have perused the records
5. Mr. A. Kalita, learned Special Counsel, F.T., has also fairly submitted that perhaps the case of the petitioner will require a relook by the Tribunal in the light of the various evidences which had been adduced before the Tribunal by the petitioner.
6. We are also of the opinion that it may not be appropriate for the Tribunal to reject the claim of the petitioner that she is an Indian citizen, primarily, only on the ground that the name of her mother was not mentioned in the written statement, if other requisite materials Page No.# 4/5 are available on record. Accordingly, we deem it appropriate to remand the matter to the Foreigners Tribunal No.2, Morigaon, Assam, for reconsideration and decide the matter afresh.
6. Citizenship is one of the most important rights of a person. By virtue of citizenship, one becomes a member of a sovereign country and becomes entitled to various rights and privileges granted by law in the country and, as such, if any question arises about citizenship of a person, in our opinion, the same should be adjudicated as far as possible on merit by considering all the relevant materials/evidences on record.
7. In view of above, we allow this application and remand the matter to the Foreigners Tribunal No.2, Morigaon, to reconsider the case of the petitioner by taking in to account the evidences on record by setting aside the impugned opinion dated 28.11.2018 passed in Case No. F.T.(D) 873/2011.
Accordingly, the petitioner will approach the Foreigners Tribunal on or before 20.09.2021 and the Tribunal will hear the matter afresh on the light of the evidences already adduced by the petitioner and the Tribunal will proceed with the matter in accordance with law.
8. We are also of the opinion that since the citizenship of the petitioner has come under cloud, the petitioner shall appear before the Superintendent of Police (Border), Morigaon, but the petitioner will not be detained and will remain on bail on furnishing a bail bond of Rs.5000/- (Rupees five thousand) with one local surety of the like amount to the satisfaction of the Superintendent of Police (Border), Morigaon till disposal of the reference. The concerned Superintendent of Police (Border) shall also take steps for capturing the fingerprints and biometrics of the iris of the petitioner, if so advised.
Page No.# 5/5 The petitioner shall not leave the jurisdiction of Morigaon District without giving details of the place of destination and her place of stay to the Superintendent of Police (Border), Morigaon.
9. It is made clear that if the petitioner fails to appear before the Foreigners Tribunal No.2, Morigaon, Assam by 20.09.2021, the earlier order passed by Foreigners Tribunal No.2, Morigaon, Assam on 28.11.2018 in Case No. F.T.(D) 873/2011 shall stand revived and the order of bail passed by this Court today will stand vacated and law will take its own course.
10. The present petition stands disposed of accordingly.
11. LCR be immediately remitted to the Foreigners Tribunal No.2, Morigaon, Assam.
JUDGE JUDGE Comparing Assistant