Gauhati High Court
Reamani Bala Roy @ Rama Bala Rai vs The Union Of India And 5 Ors on 20 May, 2020
Author: Suman Shyam
Bench: Suman Shyam, Parthivjyoti Saikia
Page No.# 1/3
GAHC010003682020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 306/2020
1:REAMANI BALA ROY @ RAMA BALA RAI
D/O LT. KRISHNA CHARAN MITRA, W/O- TARANI KANTA ROY, R/O- VILL.-
LULKAIGAON, P.S.- DHEKIAJULI, DIST.- SONITPUR, ASSAM, PIN- 784110.
VERSUS
1:THE UNION OF INDIA AND 5 ORS.
REP. BY THE SECY., MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW
DELHI- 110001.
2:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY.-06.
3:THE DY. COMMISSIONER
SONITPUR
TEZPUR
DIST.- SONITPUR
ASSAM
PIN- 784001.
4:THE SUPDT. OF POLICE (BORDER)
SONITPUR
TEZPUR
DIST.- SONITPUR
ASSAM
PIN- 784001.
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5:THE ELECTORATE REGISTRATION OFFICER
72- BORCHALA LAC
DIST.- SONITPUR
ASSAM
PIN- 784001.
6:THE STATE CO-ORDINATOR OF NRC
ASSAM
P.O. AND P.S. BHANGAGARH
GHY.-05
DIST.- KAMRUP(M)
ASSAM
Advocate for the Petitioner : MR. R P SARMAH
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 20-05-2020 Suman Shyam, J Heard Mr. R.P.Sarmah, learned senior counsel assisted by Mr. P.N. Sharma, learned counsel for the petitioner. We have also heard Mr. J. Payeng, learned Standing Counsel, Foreigners Tribunal and Border Police as well as Ms. G. Hazarika, learned CGC appearing for the Union of India and the NRC Coordinator and Ms. B. Das, learned counsel representing the Election Commission of India.
By the order dated 26/04/1990 passed by the learned Member, Foreigners Tribunal, Sonitpur, Tezpur, in connection with FT Case No. 118/1989, the petitioner herein was declared to be a foreigner, who had entered Assam after 01/01/1966 but before 25/03/1971. The writ petitioner was, therefore, entitled to register herself as a foreigner under the provisions of Section 6(a) of the Citizenship Act, 1955. However, despite the order dated 26/04/1990, she had failed to approach the concerned authority seeking registration.
Page No.# 3/3 Mr. Sarmah submits that the petitioner is an 80 years old lady and has been suffering from prolong mental ailment. Moreover, since there is no specific direction issued by the Foreigners Tribunal to register herself and in view of her poor mental health, the petitioner could not approach the concerned authority till date for registration as a foreigner. Therefore, without assailing the impugned order on merit, the learned senior counsel for the petitioner has prayed for 45 days time to approach the concerned Foreigners Regional Registration Officer (FRRO) seeking registration as a foreigner in terms of the impugned order dated 26/04/1990.
Mr. J. Payeng, learned Standing Counsel, Foreigners Tribunal submits that if this writ petition is disposed of by granting 45 days time to the petitioner to register herself, he would have no objection in the matter. Similar is the stand of Ms. G. Hazarika, learned CGC and Ms. B. Das, learned Standing Counsel, Election Commission of India.
In view of the above and with the consent of the learned counsel for all the parties, we dispose of the writ petition by granting 45 (forty five) days time to the petitioner with effect from today to approach the concerned FRRO for registration as a foreigner.
It is made clear that if the petitioner fails to approach the authority within 45 days, this order shall stand automatically vacated.
With the above observation, the writ petition stands disposed of.
JUDGE JUDGE Sukhamay Comparing Assistant