Ulupi Biswas @ Ulupi Mandal v. The Union of India and 7 Ors

ORDER Date : 04.05.2023 (AM Bujor Barua, J)

Heard Ms. D Ghosh, learned counsel for the petitioner. Also heard Ms. L Page No.# 3/4 Devi, learned counsel for the respondents no. 1 and 4 being the authorities under the Union of India and NRC respectively, Mr. G Sarma, learned counsel for the respondents no. 2, 5, 7 and 8 being the authorities under the Home Department of the Government of Assam, Mr. T Pegu, learned counsel for the respondent no. 3 being the authorities under the Election Commission of India and Ms. K Phukan, learned counsel for the respondent no. 6 being the Deputy Commissioner, Bongaigaon.

¶2The petitioner Ulupi Biswas had been referred to the Foreigners' Tribunal No. 2, Bongaigaon at Abhayapuri for rendering an opinion as to whether she is a person who entered the State of Assam from the specified territory on or after

25.03.1971, resulting in registration of Case No. BNGN/FT-2/APR/Case No. 591/2017. The Tribunal rendered an opinion dated 25.08.2022 declaring the petitioner to be a foreigner.

¶3Being aggrieved this writ petition is instituted.

¶4In the writ proceeding the petitioner relies on the voters' list of 1966 of village Khatal para PS Sidli, which now would be Basugaon PS of the present Chirang district, which contains the name of Gosailal Mondal, S/O Sri Ram at Sl. No. 141. The petitioner also relies on the voters' list of 1970 of village Khatal para which contains the name of Gosailal Mondal, S/O Sri Ram and Binay Mandal, S/O Gosailal Mondal at Sl. No. 213 and 214 respectively and both are shown to be residing in the same house No. 88. The petitioner claims that Gosailal Mondal is her grandfather and Binay Mandal is her father.

¶4Binay Mandal had rendered evidence before the Tribunal stating in the examination-in-chief as well as in response to questions put by the Tribunal that Ulupi Biswas is his daughter and that she was born in the year 1983 and also Page No.# 4/4 describing his other family members.

¶5According to the petitioner the burden under Section 9 of the Foreigners' Act, 1946 has been discharged.

¶6We have noticed that Binay Mandal had not been cross examined by the Home Department of the Government of Assam. In the circumstance, we remand the matter back to the Tribunal to enable the Home Department to cross examine Binay Mandal on the veracity of the evidence he had rendered that Ulupi Biswas is his daughter. The petitioner is at liberty to produce any further material, if so available. Upon doing the needful, the Tribunal to pass a reasoned order.

¶7The petitioner to appear before the Tribunal on 16.06.2023.

¶8If the reasoned order is in favour of the petitioner, the same shall prevail over the opinion dated 25.08.2022 passed in BNGN/FT-2/APR/Case No. 591/2017 and if against, consequence under the law is applicable to the petitioner.

¶9Till the reasoned order is passed, no coercive action be taken against the petitioner.

Send back the LCR. Writ petition stands disposed of in the above terms.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010232412022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7325/2022o ULUPIoBISWASo@oULUPIoMANDALo D/O-oBINAYoMANDAL,oW/O-oLATEoNRIPENoBISWAS,oR/O-oVILL.-oBAMUNo GAONoPART-I,oP.S.oABHAYAPURI,oDIST.oBONGAIGAON,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo7oORSo REPRESENTEDoBYoTHEoSECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,o GOVERNMENToOFoINDIA,oSHASTRIoBHAWAN,oNEWoDELHI-110001. 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-781006. 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREPRESENTEDoBYoTHEoCHIEFoELECTIONoCOMMISSION oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-110001. 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTRATIONoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oG.S.oROAD oBHANGAGARH oGUWAHATI oASSAM oPIN-o781005. Page No.# 2/4 5:THE FOREIGNERS TRIBUNAL BONGAIGAON NO. 2 ABHAYAPURI P.O. AND P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN- 783383. 6:THE DEPUTY COMMISSIONER BONGAIGAON P.O. AND P.S. BONGAIGAON DIST. BONGAIGAON ASSAM PIN- 783380. 7:THE SUPERINTENDENT OF POLICE (BORDER) BONGAIGAON P.O. AND P.S. BONGAIGAON DIST. BONGAIGAON ASSAM PIN- 783380. 8:THE OFFICER-IN-CHARGE OF ABHAYAPURI POLICE STATION P.O. ABHAYAPURI DIST. ABHAYAPURI ASSAM PIN- 783383 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN