Minati Das v. The Union of India and 7 Ors

PageoNo.#o1/4 GAHC010078032020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2354/2020o MINATIoDASo D/O-oGAWRALALoBARMAN,oW/O-oSRIoSUNILoDAS,oR/O-oVILL-o(KHA)o ERAGAON,oP.S.oGINGIA,oDIST.-oBISWANATH,oASSAM,oPIN-o784184 VERSUSo THEoUNIONoOFoINDIAoANDo7oORS.o REP.oBYoTHEoSECY.,oMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOFoINDIA,o SHASTRIoBHAWAN,oNEWoDELHI-o110001 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-06 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSION oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-o110001 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTRATIONoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oG.S.ROAD oBHANGAGARH oGHY oASSAM oPIN-o781005 5:THEoDY.oCOMMISSIONER Page No.# 2/4 BISWANATH ASSAM PIN-784176 6:THE FOREIGNERS TRIBUNAL TEZPUR 5TH AT BISWANATH CHARIALI DIST.- BISWANATH ASSAM PIN-784176 7:THE SUPERINTENDENT OF POLICE (B) BISWANATH DIST.- BISWANATH ASSAM PIN-784176 8:THE OFFICER-IN-CHARGE OF GINGIA P.S. P.O. GINGIA DIST.- BISWANATH ASSAM PIN-78418 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : ASSTT.S.G.I.

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

08.05.2023 (A.M. Bujor Barua, J)

Heard Ms. H Betala, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC appearing on behalf of respondents in the Union of India as well as for the authorities in the NRC, Mr. G Sarma, learned counsel for the State respondents in the Home Department of Government of Assam, Mr. AI Ali, learned counsel for the Election Commission of India and Ms. U Das, learned counsel for the Deputy Commissioner, Sonitpur at Tezpur. Page No.# 3/4

¶2The petitioner Minati Das had been referred to the Foreigners Tribunal No. 5, Biswanath Chariali, Sonitpur 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 registration of Case No. BNC/D/996/2016, wherein an opinion dated 01.11.2019 was given that the petitioner is a foreigner. Being aggrieved, this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies on the voters list of 1971 of village Botiaruka under Sootea police station, Mauza Nag Shankar in the Sonitpur district, which contains the name of Gourlal Barman son of Trailokya at serial No. 206. The petitioner also relies upon the evidence of DW-2 Puneswar Saikia, who is aged about 69 years and also the Gaon Bura of Niz Nag Shankar Lat. DW-2 stated that he is the Government Gaon Bura of Niz Nag Shankar lat and had also temporarily acted as the Gaon Bura of Botiaruka Lat and as per his introduction, DW-2 seems to be a resident of Nag Shankar. No explanation is forthcoming from the DW-2 as to whether the village Botiaruka is a part of Niz Nag Shankar Lat except for his statement in cross examination that the distance between the house of the petitioner and that of his is about 1 ½ KM. But the DW-2 in his evidence in chief is very categorical that he knows the petitioner proceedee since her childhood and therefore, he had issued the certificate. It is to be noted that the respondents in the Home Department of the Government of Assam in the cross examination had made up to fill the gaps of whatever lacuna was there in the evidence of DW-2 rather than seriously cross-examining the DW-2 on the veracity of the evidence that he may have rendered.

¶4In the circumstance, Mr. G Sarma, learned counsel for the respondents in the Home Department prays that the mater be remanded back to the Tribunal to enable the Home Department of the Government of Assam to cross examine Page No.# 4/4 the DW-2 on the veracity of the statement he had made that he knows the petitioner from her childhood and therefore had given the certificate and that the petitioner is the daughter of Gourlal Barman of village Botiaruka who had died much earlier.

¶5In view of the above, the matter is remanded back to the Tribunal to enable the respondents in the Home Department to cross examine the DW-2 regarding his deposition rendered in examination in chief, if so advised. The State authorities through the Home Department may also make any other verification that they are required to be done under the law and submit a report before the Tribunal. The petitioner may also produce any further evidence as may be advised to establish that the petitioner Mitali Das is the daughter of Gourlal Barman, whose name appears in the voters list of 1971 of village Botiaruka. Upon doing the needful, the Tribunal may pass its reasoned order.

¶6If the reasoned order is in favour of the petitioner, the same shall prevail over the earlier opinion dated 01.11.2019 and if it goes against the petitioner, consequence as per law shall follow.

¶7The petitioner shall appear before the concerned Foreigners Tribunal on

19.06.2023. Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶8The writ petition is allowed as indicated above.

¶9Send back the LCR immediately.

JUDGE JUDGE Comparing Assistant