Anil Saha v. Union of India and 4 Ors

JUDGMENT AND ORDER (ORAL) [N. Kotiswar Singh, J.] Heard Mr. B. Kaushik, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K.D. Choudhury, learned Dy. SGI for respondent No.1; Mr. G. Sarma, learned Standing Counsel, Foreigners Tribunal for respondent Nos.2 & 3 and Ms. U. Das, learned Additional Senior Government Advocate, Assam for respondent No.4.

¶2In this petition, the petitioner has challenged the order dated 14.12.2018 passed by the learned Foreigners Tribunal No.2, Dhemaji at Shilapathar in F.T. Case No.333/2017 by which the petitioner was declared to be a foreigner of post 25.03.1971 who entered into the territory of India (Assam) after 25.03.1971 without any valid document.

¶3The petitioner has challenged the impugned order dated 14.12.2018 on the ground that there is a specific averment made by the petitioner before the learned Tribunal supported by the certificate issued by the concerned authority that he and his father entered India on

05.03.1962.

¶4It has been submitted that the petitioner has been staying in Assam continuously since Page No.# 3/5 their entry in India on 05.03.1962 and as such, he is entitled to be deemed to be a citizen of India in terms of Sub-Section (2) of Section 6A of the Citizenship Act, 1955.

¶5In order to appreciate the said submission advanced, we have perused the original records which have been requisitioned and placed before us.

¶6On perusal of the records, it appears that the petitioner had made a specific statement in para No.5 thereof of the written statement that the proceedee along with the proceedee's Late father Anath Bandhu Saha, Late mother Latika Saha, uncle Late Pryonath Saha had entered India on 05.03.1962, during which period, the proceedee's age was approximately 14 years as certified by the Deputy Commissioner, United Khasi & Jantia Hills, Shillong, Relief and Rehabilitation Branch and thereafter, his parents proceeded towards the village in Howli at Barpeta district.

¶7The petitioner, of course, has relied on other documents also as mentioned in the written statement.

¶8The petitioner has examined himself as OPW-1 before the Tribunal who reiterated his statement made in the written statement.

¶9We have examined the cross-examination of the OPW-1 by the State in which nothing has been mentioned to challenge the validity or genuineness of the said certificate issued stating that he had entered India on 05.03.1962.

¶10Under the circumstances, we are of the view that if the petitioner after entering India on 05.03.1962, had shifted to Assam as submitted in his written statement which has not been challenged, the case of the petitioner will be covered by Sub-Section(2) of Section 6A of the Citizenship Act, 1955 which provides as follows, Page No.# 4/5 "6A. Special provisions as to citizenship of persons covered by the Assam Accord.— ..............

(2) Subject to the provisions of sub-sections (6) and (7), all persons of Indian origin who came before the 1st day of January, 1966 to Assam from the specified territory (including such of those whose names were included in the electoral rolls used for the purposes of the General Election to the House of the People held in 1967) and who have been ordinarily resident in Assam since the dates of their entry into Assam shall be deemed to be citizens of India as from the 1st day of January, 1966."

¶11Under the circumstances, we are of the view that the impugned opinion dated

14.12.2018 rendered by the learned Foreigners Tribunal No.2, Dhemaji at Silapathar in F.T. Case No.333/2017, does not appear to be based on record but contrary to the documents which have been produced before the learned Tribunal and also before us.

¶12We are satisfied that the petitioner has been able to make out a case that his case comes under the category of persons covered under Sub-Section (2) of Section 6A of Citizenship Act, 1955.

¶13For the reasons discussed above, the present petition is allowed by setting aside the impugned order dated 14.12.2018 passed by the learned Foreigners Tribunal No.2, Dhemaji at Silapathar in F.T. Case No.333/2017.

¶14Accordingly, the petitioner, Sri Anil Saha, Son of Lt. Anath Bandu Saha, resident of village Silapathar, Natun Gaon, P.O. & P.S.- Silapathar, Mouza-Sisi, District Dhemaji, Assam shall be deemed to be an Indian in terms of Sub-Section (2) of Section 6A of the Citizenship Act, 1955.

¶15With the above observations and directions, the present petition stands allowed. Page No.# 5/5

¶16LCR be remitted forthwith to the concerned Foreigners Tribunal.

JUDGE

JUDGE

Comparing Assistant

Page No.# 1/5 GAHC010109382019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3530/2019 ANIL SAHA S/O- LATE ANATH BANDHU SAHA, R/O- VILL- SILAPATHAR NATUN GAON, P.O AND P.S- SILAPATHAR NATUN GAON, DIST- DHEMAJI, ASSAM. ……Petitioner VERSUS 1. UNION OF INDIA, REP. BY MIN OF HOME AFFAIRS, NEW DELHI 2:THE STATE OF ASSAM, REP. BY THE MIN OF HOME, DISPUR, GUWAHATI- 06. 3:SUPERINTENDENT OF POLICE(B), DHEMAJI, ASSAM. 4:DEPUTY COMMISSIONER, DHEMAJI, ASSAM. …… Respondents. For the Petitioner : Mr. B. Kaushik, Adv. : Ms. A. Kipanjal, Adv. : Mr. S. Hazarika, Adv. Advocates For the Respondent No.1 : Ms. L. Devi, on behalf of Mr. R.K.D. Choudhur, Dy.SGI, For the Respondent Nos.2 & 3 : Mr. G. Sarma, SC, FT, For the Respondent No.4 : Ms. U. Das, Addl. Govt. Adv., Assam. Advocates Page No.# 2/5 BEFORE HON'BLE MR. JUSTICE N. KOTISWAR SINGH HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Date of Hearing and Judgment : 06.01.2023