Gita Paul v. Union of India and 5 Ors

PageoNo.#o1/4 GAHC010058132023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1714/2023o GITAoPAULo D/O-oLATEoJAGANNATHoPAUL,oW/O-oSRIoSHIBUoPAUL,oR/O-oVILL.-o PAULPARAo(DANGTAL),oP.O.oHUGRIJAN,oP.S.oDHALIGAON,oDIST.oCHIRANG, B.T.R.,oASSAM,oPIN-o783385. VERSUSo UNIONoOFoINDIAoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.OFoINDIA,oMINISTRYo OFoHOMEoAFFAIRSo(CENTRALoSECRETARIAT),oP.O.oNEWoDELHI,oPIN-o 110001. 2:THEoSTATEoOFoASSAM oBEINGoREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oHOMEoDEPARTMENT oASSAMoSACHIBALAYA oDISPUR oP.O.oGUWAHATI oPIN-o781006. 3:THEoELECTIONoCOMMISSIONoOFoINDIA oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-110001. 4:THEoOFFICEoOFoTHEoSTATEoCOORDINATOR oOFoNATIONALoREGISTERoOFoCITIZENSo(NRC) oASSAM o1SToFLOOR oACHYUToPLAZA oG.S.oROAD Page No.# 2/4 BHANGAGARH GUWAHATI-781005 DIST. KAMRUP(M) ASSAM 5:THE DEPUTY COMMISSIONER CHIRANG DISTRICT AT SALJHORA CHIRANG ASSAM PIN-783385. 6:THE SUPERINTENDENT OF POLICE (BORDER) CHIRANG DISTRICT ASSAM PIN-783385 Advocate for the Petitioner : MR. A R SHOME Advocate for the Respondent : DY.S.G.I.

BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON'BLE MR. JUSTICE ROBIN PHUKAN O R D E R

27.03.2023 (A.M. Bujor Barua, J)

Heard Mr. AR Shome, learned counsel for the petitioner. Also heard Ms. B Sarma, learned CGC appearing on behalf of respondents in the Union of India, Mr. G Sarma learned counsel for the State respondents in the Home Department of Government of Assam, Ms. L Devi, learned counsel for the respondents in the NRC, Mr. T Pegu, learned counsel for the Election Commission of India and Ms. K Phukan, learned counsel for the Deputy Commissioner, Chirang.

¶2The petitioner Gita Paul had been referred to the Foreigners Tribunal, Chirang for rendering an opinion as to whether she is a person who entered the State of Assam from the specified territory on or after 25.03.1971 resulting in Page No.# 3/4 registration of FT Case No. FT/CHR/27/2019, wherein an opinion dated

07.12.2022 was given that the petitioner is a foreigner. Being aggrieved, this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies upon the voters list of 1971 of 41 Malda Legislative Assembly Constituency, wherein in respect of Gram Sabha Nasipur Ward No. 1, the name of Jagannath Paul son of Girish Chandra appears. The petitioner claims that Jagannath Paul son of Girish Chandra of the 1971 voters list of Gram Sabha Nasipur is the father of the petitioner. To substantiate the same, the petitioner relies upon a ration card bearing serial No. 074330 issued by the Government of West Bengal in the name of Gita Paul daughter of Jagannath Paul of village Nashipur and accordingly seeks to substantiate that she is the daughter of Jagannath Paul of Nashipur village.

¶4If the information contained in the voters list as well as in the ration card are correct, the petitioner may have established a prima-facie case that she is a citizen of India.

¶5In the circumstances, the matter is remanded back to the Tribunal to pass a reasoned order upon examining the aforesaid materials and if the reasoned order is in favour of the petitioner, the same shall prevail over the earlier opinion dated 07.12.2022. If the reasoned order goes against the petitioner, consequence as per law shall follow.

¶6Before the Tribunal, the petitioner may produce the copy of the voters list of 1971 of village Nashipur as well as the ration card issued by the Government of West Bengal in the name of the petitioner Gita Paul daughter of Jagannath Paul of village Nashipur.

¶7The petitioner shall appear before the Foreigners Tribunal, Chirang on Page No.# 4/4

04.05.2023. Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶8The writ petition is allowed as indicated above.

JUDGE JUDGE Comparing Assistant