Saraswati Ray v. The Union of India and 4 Ors

ORDER

27.03.2023 (AM Bujor Barua, J)

Heard Ms. K Devi, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC for the respondents in the Union of India as well as for the authorities under the NRC, Mr. G Sharma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam as well as the Superintendent of Police (B) Dhubri and Ms. K Phukan, learned Government Advocate for the Deputy Commissioner, Dhubri.

¶2The petitioner, Saraswati Ray, was referred to the Foreigners Tribunal 10th Dhubri, for rendering an opinion 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.

(10)/AGM/184/2016 wherein an opinion dated 22.05.2017 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.

Page No.# 3/4

¶4The petitioner relies upon a Ration Card bearing M.R. No.3783461 in respect of Chhaya Das who the petitioner claims to be her mother. In the ration card, the Head of the family is shown to be Prabhat Das of village Saudpara. The petitioner also relies upon the school certificate issued by the District Primary School Sansad, Jalpaiguri wherein the information provided is that Saraswati Das is the daughter of Pravat Ch. Das of village Saudpara in the Alipurduar district of West Bengal. It is also stated that Saraswati Das upon her marriage is now known as Saraswati Ray. If the information contained in the ration card and the school certificate are correct and acceptable and after marriage the petitioner is known as Saraswati Ray, perhaps, a prima facie case has been made out by the petitioner establishing that she is a citizen of India. Accordingly, the matter stands remanded back to the Tribunal to enable the petitioner to render the evidence of the Teacher-in-Charge of Saudpara BFP School along with the school records which may show that the information that Saraswati Das is the daughter of Pravat Ch. Das of village Saudpara in the Alipurduar district of West Bengal. The petitioner may produce any further material which may show that after her marriage Saraswati Das daughter of Pravat Ch. Das is known as Saraswati Ray.

¶5Accordingly, the petitioner shall appear before the Tribunal on 04.05.2023.

¶6The Tribunal after examining the evidences and materials shall pass a reasoned order. In the event, the reasoned order is in favour of the petitioner, the same shall prevail over the order dated 22.05.2017 of the Foreigners Tribunal 10th Dhubri in F.T.(10)/AGM/184/2016 and if it is against the petitioner, Page No.# 4/4 consequential action under the law shall follow.

¶7Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶8Send back the LCR.

¶9Writ petition stands disposed of in the above terms.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010133382017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3940/2017o SARASWATIoRAYo W/OoSUDHIRoCH.oRAYoR/OoJHAPUSABARIoPART-I,oP.S.oAGOMONIo PREVIOUSLYoGOLAKGANJoDIST.oDHUBRI,oASSAM VERSUSo THEoUNIONoOFoINDIAoando4oORS.o REP.oBYoITSoSECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,oNEWoDELHI. 2:THEoSTATEoOFoASSAM oREP.oTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oPOLITICALoBoDEPARTMENT oDISPUR oGUWAHATI-6. 4:THEoDEPUTYoCOMMISSIONER oDHUBRIoDISTRICT oDHUBRI 5:THEoSUPERINTENDENToOFoPOLICEoB oDHUBRI oASSAo AdvocateoforotheoPetitionerooooo:oMS.KoDASo Page No.# 2/4 Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN