Sukhmay Debnath @ Sukhmai Debnath v. The Union of India and 6 Ors

ORDER Date : 22.02.2023 (A.M. Bujor Barua, J)

Heard Mr. R Ali, learned counsel for the petitioner. Also heard Ms. L Devi, learned counsel for the respondents no. 1 and 7 being the authorities under the Union of India and NRC, Mr. G Sarma, learned counsel for the respondents no. 2, 3 and 4 being the authorities under the Home Department of the Government of Assam, Mr. A Ali, learned counsel for the respondent no. 6 being the Election Commission of India and Mr. T R Gogoi, learned counsel for the respondent no. 5 being the Deputy Commissioner, Dhemaji.

¶2The petitioner Sukhmay Debnath @ Sukhmai Debnath was referred to the Foreigners' Tribunal No. 2, Dhemaji at Silapathar for an opinion as to whether he is a person who entered the State of Assam from the specified territory subsequent to 25.03.1971 resulting in registration of FT (2nd) Case No. 349/2017. The petitioner relies upon the voters' list of 1966 of village Silabhairabpur of Dhemaji sub-division of Lakhimpur district wherein the name of Ramesh Ch. Nath, S/O Lochan appears at Sl. No. 577 and Rashmay, S/O Lochan appears at Sl. No. 581. The petitioner also relies upon the voters' list of 1971 of village Silabhairabpur Page No.# 3/4 where again the name of Ramesh Ch. Nath, S/O Lochan appears at Sl. No. 577 and Rashmay, S/O Lochan appears at Sl. No. 581. The petitioner claims that Rashmay, S/O Lochan is his father.

¶3The petitioner also relies upon the voters' list of 1979 of village No. 2, Bhairabpur wherein at Sl. No. 831 the name of Rashmay Nath, S/O Lochan appears.

¶4The petitioner thereupon refers to the voters' list of 1997 of village Kadamtala under Silapathar PS where at Sl. No. 658 the name of Sukhmay Debnath, S/O Rashmay appears. Accordingly, it is the claim of the petitioner that Rashmay of the voters' list of 1997 of village Kadamtala and Rashmay of voters' list of 1966, 1971 and 1979 of village Silabhairabpur is one and the same person. To substantiate the claim the petitioner brings the evidence of Raj Kumar Nath, S/O Ramesh Ch. Nath whose name appeared in the voters' list of 1966 and 1970 of village Silabhairabpur where the names of Ramesh Ch. Nath and Rashmay, both sons of Lochan, also appear.

¶5Raj Kumar Nath in his deposition states that the petitioner is his cousin brother being the son of his paternal uncle.

¶6Considering the aforesaid material, we remand the matter back to the Tribunal to enable the petitioner to produce any further voters' list of Silabhairabpur as well as Kadamtala which may indicate whether the father of the petitioner Rashmay had migrated from village Silabhairabpur to village Kadamtala as well as to further examine Raj Kumar Nath for a detail deposition on the father of the petitioner having shifted from village Silabhairabpur to village Kadamtala and Raj Kumar Nath may appropriately be cross examined by the State authorities to bring forth the actual facts involving in the matter.

¶7The petitioner to appear before the Tribunal on 31.03.2023.

¶8Any reasoned order that the Tribunal may pass if in favour of the petitioner shall prevail over the order dated 11.03.2019 in F.T. Case No. 349/2017 passed by the Foreigners' Tribunal No. 2, Dhemaji at Silapathar and if against the petitioner, the implication of law shall prevail.

¶9Send back the LCR forthwith. Page No.# 4/4

¶10Till the reasoned order is passed no coercive action be taken against the petitioner.

Writ petition stands disposed of in the above terms.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010137712019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4175/2019o SUKHMAYoDEBNATHo@oSUKHMAIoDEBNATHo S/O-oLATEoRASHMAYoDEBNATH,oR/O-oVILL-oKADAMTALA,oP.S-o SILAPATHAR,oDIST-oDHEMAJI,oASSAM,oPIN-o787059 VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo THROUGHoTHEoSECRETARY,oMINoOFoHOMEoAFFAIRS,oGOVToOFoINDIA,o NEWoDELHI-o110001 2:THEoSTATEoOFoASSAM oTHROUGHoTHEoSECRETARY oGOVToOFoASSAM oHOMEoDEPTT oGUWAHATI-o781006 3:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI-o781007 4:THEoSUPERINTENDENToOFoPOLICEo(B) oDHEMAJI oDIST-oDHEMAJI oPIN-o787057 5:THEoDEPUTYoCOMMISSIONER oDHEMAJI oASSAM oPIN-o787057 6:THEoELECTIONoCOMMISSIONoOFoINDIA Page No.# 2/4 THROUGH THE ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001 7:THE STATE COORDINATOR NRC GUWAHATI- 78100 Advocate for the Petitioner : MR. R ALI Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN