Kalyani Saha @ Kalyani Rani Saha @ Kalyani Basak v. The Union of India and 5 Ors

JUDGMENT & ORDER (ORAL) (AM Bujor Barua, J)

Heard Mr. S Alim, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC for the respondents in the Union of India as well as the authorities under the NRC, Mr. AI Ali, learned counsel for the authorities under the Election Commission of India, Ms. A Verma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam, as well as the Superintendent of Police (B) Barpeta and Mr. TR Gogoi, learned Government Advocate for the Deputy Commissioner, Barpeta.

¶2The petitioner, namely, Kalyani Saha @ Kalyani Rani Saha @ Kalyani Basak was referred to the Foreigners Tribunal No.2nd Barpeta for rendering an opinion Page No.# 3/5 as to whether she is a person who had entered the State of Assam on or after

25.03.1971 resulting in the registration of F.T.(2nd)Case No.805/16 corresponding to Ref IM(D)T Case No.8780/A/98 wherein an opinion dated

12.06.2018 was rendered declaring the petitioner to be a person who had entered the State of Assam from the specified territory on or after 25.03.1971.

¶3Being aggrieved this writ petition is instituted.

¶4In the writ proceeding, the petitioner relies upon the voters list of 1966 of village Barpeta Ward No.2, Mouza Gobardhana which contains the name of Kali Narayan Saha, son of Makhan at Sl.No.1715. The petitioner also relies upon the voters list of 1997 of village Barpeta Ward No.2, Mouza Gobardhana which contains the name of Kali Saha at Sl.No.93 and that of Pradyut Saha son of Kali at Sl.No.95. Pradyut Saha son of Kali rendered his evidence as DW-2 stating that Kalyani Saha @ Kalyani Rani Saha @ Kalyani Basak is his elder sister and that their father is Kalinarayan Saha whose name appears in the voters list of 1966 of village Barpeta Ward No.2, Mouza Gobardhana at Sl.No.1715. In cross, DW-2 Pradyut Saha stated that the proceedee Kalyani Saha @ Kalyani Rani Saha @ Kalyani Basak is his elder sister and she was born in their own parents home at Sarupeta PS Barpeta and that presently she is residing in her deceased husband's home at Barpeta Road.

¶5From the above, it is noticed that DW-2 Pradyut Saha had rendered specific evidence in his examination-in-chief that the proceedee Kalyani Saha @ Kalyani Rani Saha @ Kalyani Basak is his own elder sister, which in cross by the Page No.# 4/5 State authorities it was reiterated that Kalyani Saha @ Kalyani Rani Saha @ Kalyani Basak is his elder sister and was born in their own parents home at Sarupeta PS Barpeta.

¶6As the evidence rendered by the DW-2 Pradyut Saha could not be rebutted in appropriate manner, we have to accept the evidence of DW-2 Pradyut Saha that the proceedee Kalyani Saha @ Kalyani Rani Saha @ Kalyani Basak is his elder sister.

¶7It is also noticed that the name of Pradyut Saha appearing along with Kali at Sl.No.95 in the voters list of 1997 of village Barpeta Ward No.2, Mouza Gobardhana, whereas in the voters list of 1966 of village Barpeta Ward No.2, Mouza Gobardhana the name of Kali Narayan Saha, son of Makhan appears at Sl.No.1715. We do not notice any substantial difference between Kali Nayaran Saha and Kali and more so when both Kali Nayaran Saha and Kali are shown to be son of Makhan.

¶8Although the petitioner relies upon a school certificate issued by the Headmistress of Kanailal Bidyapith (ME) Barpeta Road which contains the information that St. Kalyani Saha is the daughter of Kalinarayan Saha of Barpeta Road in the district of Barpeta, but we have noticed that the Headmistress has not been examined. But as the evidence rendered by the DW-2 Pradyut Saha who as per voters list of 1997 is the son of Kali, where the name of Kali Narayan Saha appears in the voters list of 1966 of village Barpeta Ward No.2, Mouza Gobardhana, we are satisfied that the burden has been discharged by the Page No.# 5/5 petitioner under Section 9 of the Foreigners Act 1946 that she is a citizen of India.

¶9In view of the aforesaid materials clinching the issue in favour of the petitioner, the petitioner deserves a declaration that she is a citizen of India and it is declared accordingly.

¶10Consequently, all such legal rights and privileges that may accrue to the petitioner Kalyani Saha @ Kalyani Rani Saha @ Kalyani Basak upon such declaration that she is a citizen of India be made available to her.

¶11Writ petition, accordingly, stands allowed.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/5 GAHC010133172019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4176/2019ooooooooo KALYANIoSAHAo@oKALYANIoRANIoSAHAo@oKALYANIoBASAKo DAUGHTERoOFoLATEoKALIoNARAYANoSAHA,oWIFEoOFoLATEoGOBINDAo BASAK,oR/O-oBARPETAoROAD,oRAMoNAGAR,oWARDoNO.o1,oP.S.oBARPETAo ROAD,oDISTRICT-oBARPETAo(ASSAM). VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYo OFoHOMEoDEPARTMENT,oNEWoDELHI-1. 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6. 3:SUPERINTENDENToOFoPOLICEo(B) oBARPETA oP.O.oANDoP.S.oBARPETA oDISTRICT-oBARPETA oASSAM oPIN-o781315. 4:THEoDEPUTYoCOMMISSIONER oBARPETA oDISTRICT-oBARPETA oASSAM oPIN-o781315. 5:ELECTIONoCOMMISSIONoOFoINDIA oREPRESENTEDoBYoCHIEFoELECTIONoCOMMISSIONER Page No.# 2/5 NEW DELHI-1. 6:STATE COORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM ACHYUT PLAZA BHARALUPAR BHANGAGARH GUWAHATI- 781005 Advocate for the Petitioner : MR. S ALIM Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN Date : 29-03-2023