Kalpana Bhattacharjee v. The Union of India and 7 Ors

ORDER

15.03.2023 (AM Bujor Barua, J)

Heard Ms. H Betala, 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, the Deputy Commissioner of Police (B) Guwahati City, Kamrup (M) as well as the Officer-in-Charge of Pragjotishpur Police Station, Chandrapur, Kamrup(M) and Ms. K Phukan, learned Government Advocate for the Deputy Commissioner, Kamrup (M).

¶2The petitioner, Kalpana Bhattacharjee, was referred to the Foreigners Tribunal No.4, Kamrup(M) for rendering an opinion as to whether she is a person who had entered the State of Assam subsequent to 25.03.1971 resulting in the registration of F.T. Case No.FTK(M)-4th 98/18 arising out of FT Case No.125/18 & D.V. Case No.918/18 corresponding to IMDT Case No.2309/98.

¶3By the order dated 30.04.2022 of the Foreigners Tribunal No.4, Kamrup(M) in F.T. Case No.FTK(M)-4th 98/18 arising out of FT Case No.125/18 & D.V. Case No.918/18 corresponding to IMDT Case No.2309/98, an opinion was rendered that the petitioner is a person who had entered the State of Assam from the specified territory subsequent to 25.03.1971. Page No.# 4/5

¶4The petitioner relies upon a voters list of 1965 of village Udalguri Station, PS Udalguri in the Darrang district which contains the name of Haricharan Chakraborty, son of Bharat at Sl.No.150 and that of Sudhana Devi, wife of Haricharan at Sl.No.151. The petitioner also refers to a school certificate of Udalguri Girls' High School dated 06.03.1996 which contains the information that Kalpana Chakraborty is the daughter of Sri Hari Charan Chakraborty of Town Udalguri in the Darrang district. The Headmaster of the school concerned deposed before the Tribunal stating that although the date of birth of Kalpana Chakraborty mentioned in the school certificate and that appearing in the school admission register are at a variance, but the information that Kalpana Chakraborty is the daughter of Haricharan Chakraborty of village Udalguri Station is correct as per the school records.

¶5In view of the above, the matter stands remanded back to the Tribunal for a fresh adjudication by taking note of the voters list of 1965 containing the name of Haricharan Chakraborty, son of Bharat appearing at Sl.No.150 and that of the information contained in the school certificate dated 06.03.1996 that Kalpana Chakraborty is the daughter of Hari Charan Chakraborty of Town Udalguri in the Darrang district as well as the evidence recorded by the Headmaster of the school concerned.

¶6Accordingly, the petitioner shall appear before the Tribunal on 19.04.2023.

¶7The Tribunal upon consideration of the evidence and the materials on Page No.# 5/5 record 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 30.04.2022 of the Foreigners Tribunal No.4, Kamrup(M) in F.T. Case No.FTK(M)-4th 98/18 arising out of FT Case No.125/18 & D.V. Case No.918/18 corresponding to IMDT Case No.2309/98 and if it is against the petitioner, consequential action shall follow.

¶8Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶9Send back the LCR immediately.

¶10Writ petition stands disposed of in the above terms.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010182972022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6106/2022o KALPANAoBHATTACHARJEEo DAUGHTERoOFoLATEoHARIoCHARANoCHAKRABORTY,o WIFEoOFoSRIoBIMALoBHATTACHARJEE,o RESIDENToOFoBONDAoCOLONY,oPOLICEoSTATION-oPRAGJOTISHPUR,o DISTRICT-oKAMRUP(M),oASSAM. VERSUSo THEoUNIONoOFoINDIAoANDo7oORS.o REPRESENTEDoBYoTHEoSECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,o GOVERNMENToOFoINDIA,oSHASTRIoBHAWAN,oNEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-o781006. 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREPRESENTEDoBYoTHEoCHIEFoELECTIONoCOMMISSION oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-110001. 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTRATIONoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oG.S.oROAD oBHANGAGARH oGUWAHATI Page No.# 2/5 ASSAM PIN- 781005. 5:THE DEPUTY COMMISSIONER KAMRUP(M) POST OFFICE- PAN BAZAR DISTRICT- KAMRUP(M) ASSAM PIN- 781001. 6:THE FOREIGNERS TRIBUNAL NO. 4 KAMRUP(M) GUWAHATI DISTRICT- KAMRUP(M) ASSAM PIN- 781007. 7:THE DEPUTY COMMISSIONER OF POLICE (BORDER) GUWAHATI CITY KAMRUP(M) POST OFFICE- PAN BAZAR DISTRICT- KAMRUP(M) ASSAM PIN- 781001. 8:THE OFFICER-IN-CHARGE OF PRAGJOTISHPUR POLICE STATION POST OFFICE- CHANDRAPUR DISTRICT- KAMRUP(M) ASSAM PIN- 781150 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN Page No.# 3/5