Shunati Das v. The Union of India and 8 Ors

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

Heard Ms. D Ghosh, learned counsel for the petitioner. Also heard Ms. L Page No.# 3/5 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, Mr. G Sharma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam, the Deputy Commissioner of Police (B) City Guwahati, Kamrup(M), the Superintendent of Police (B) City Guwahati Kamrup(M) as well as the Officer-in-Charge Khetri Police Station and Ms. U Das, learned Government Advocate for the Deputy Commissioner, Kamrup(M).

¶2The petitioner, namely, Shunati Das wife of Late Ramen Das was referred to the Foreigners' Tribunal Kamrup(M) No.1 Guwahati for an opinion as to whether she is a foreigner within the meaning of Foreigner Act, 1946 resulting in the registration of FT(D.V) Case No.10262/2011 corresponding to the Police Case No.554/2000. The Tribunal rendered an opinion dated 07.05.2018 declaring the petitioner to be a foreigner.

¶3Being aggrieved this writ petition is instituted.

¶4In the writ proceeding, the petitioner relies upon the Assam Refugee Certificate No.201 dated 20.02.1963 which states that Raman Das, son of Kantu Das has entered the State of Assam from the district of Sylhet in the erstwhile East Pakistan and is residing at Pub Malaybari. The certificate also provides that Raman Das had entered the State of Assam, amongst others, along with his wife Shunati Bala Das. The petitioner claims that Shunati Bala Das of the refugee certificate referred above is the petitioner herself. Further reference is made to the voters list of 1985 of village Dimoria which contains the name of Page No.# 4/5 Ramani Das, son of Kanto at Sl.No.526 and that of Shuniti wife of Ramani at Sl.No.527 where both are shown to be residing in the same House No.69. The petitioner claims that Shuniti, wife of Ramani of the 1985 voters list of village Dimoria is the petitioner herself.

¶5We have noticed that the Tribunal had proceeded against Shunati Das wife of Ramen Das of village Dimoria. From such point of view if Shuniti wife of Ramani Das of the 1985 voters list of village Dimoria is the petitioner herself, the burden has been discharged by the petitioner to prove that she is not a foreigner. We have noticed that in the voters list of 1985 of village Dimoria, the name of Ramen Das, son of Kanto appears at Sl.No.526, whereas the refugee certificate relied upon by the petitioner also contains the name of Raman Das, son of Kantu Das which shows a close proximity between Ramani Das son of Kanto of the 1985 voters list of village Dimoria and Raman Das son of Kantu Das of the refugee certificate dated 20.02.1963. Further the refugee certificate also contains the information that Shunati Bala Das is the wife of Raman Das whereas, the 1985 voters list of village Dimoria also shows Shuniti to be wife of Ramani Das again which is a close proximity. Considering the consistency in the close proximity in the information contained in the refugee certificate dated

20.02.1963 as well as the information contained in the voters list of 1985 of village Dimoria as well as the notice of the Tribunal against whom the proceedings were initiated, we are of the view that the petitioner had discharged the burden under Section 9 of the Foreigners Act 1946 to show her presence in the State of Assam as of the year 1963.

¶6In view of the aforesaid materials clinching the issue in favour of the Page No.# 5/5 petitioner, the petitioner deserves a declaration that she is deemed to be a citizen under Section 6 A(2) of the Citizenship Act of 1955 and it is declared accordingly.

¶7Consequently, all such legal rights that may accrue to the petitioner Shunati Das upon such declaration be made available to her.

¶8Writ petition, accordingly, stands allowed.

¶9A copy of this order be furnished to Mr. G Sharma, learned counsel for the Home Department Government of Assam for doing the needful.

¶10Send back the LCR.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010264262018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/198/2019o SHUNATIoDASo WIFEoOFoLATEoRAMENoDAS,oRESIDENToOFoVILLAGE-oDIMORIA,oPOLICEo STATION-oKHETRI,oDISTRICT-oKAMRUP(METRO),oASSAM,oPIN-o782403. VERSUSo THEoUNIONoOFoINDIAoANDo8oORS.o REP.oBYoTHEoSECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,oGOVERNMENTo OFoINDIA,oSHASTRIoBHAWAN,oNEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-o781006 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSION oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-o110001. 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTRATIONoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oG.S.oROAD oBHANGAGARH oGUWAHATI oASSAM oPIN-o781005 Page No.# 2/5 5:THE FOREIGNERS TRIBUNAL KAMRUP(METRO) NO. 1 AT GUWAHATI ULUBARI GUWAHATI-07 DISTRICT- KAMRUP(METRO) ASSAM. 6:THE DEPUTY COMMISSIONER KAMRUP(METRO) POST OFFICE AND POLICE STATION- PANBAZAR DISTRICT- KAMRUP(METRO) ASSAM PIN- 781001. 7:THE SUPERINTENDENT OF POLICE (B) CITY GUWAHATI KAMRUP(METRO) ASSAM PIN- 781001. 8:THE OFFICER-IN-CHARGE OF KHETRI POLICE STATION POST OFFICE- KHETRI DISTRICT- KAMRUP(METRO) ASSAM PIN- 782403 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Date : 26-06-2023