AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Ms. M. Hore, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned CGC, appearing for respondent No.1 and Ms. A.
Verma, learned Special Counsel, FT, appearing for respondent Nos.2â€"5.
Considering the submissions advanced and the nature of the case, we are of the view that the present petition can be disposed of at this stage
without issuing any formal notice to the respondents.
The present petition has been filed being aggrieved by the opinion rendered by the Foreigners' Tribunal Dibrugarh 2nd at Dibrugarh, Assam, on
17.12.2020 by which the petitioner was proceeded against in the F.T. Case No.534/2006 and was declared a foreigner.
The main grievance placed before this Court is that though the petitioner filed his written statement and certain documents before the Foreigners'
Tribunal, there were many documents which he wished to file but could not because of the intervening pandemic situation as well as the disturbance
due to the anti Citizenship Amendment Act protest to the State, because of which the petitioner could not attend before the Foreigners' Tribunal and
file his documents, as mentioned in paragraph 12 of the petition. The petitioner's lady advocate also became pregnant because of which the petitioner
could not avail her service as a lawyer. The additional documents sought to be filed before the Foreigners' Tribunal have been mentioned in paragraph
11, namely,
(i) Certificate of Identity to Displaced Goldsmith dated 14.9.1963 issued by the Secretary, Kokrajhar Mahakuma Branch, Nikhil Assam Swarna Silpi
Samity to Shri Ganesh Chandra Roy (since deceased), grandfather of the petitioner where name of his family member, including the father of the
petitioner were mentioned.
(ii) Citizenship Certificate No.69891 dated 6.11.1961 issued to Ganesh Chandra Roy, grandfather of the petitioner.
(iii) Refugee Registration Certificate dated 5.10.1951 issued to the petitioner by the Relief & Rehabilitation Officer, Kamrup.
(iv) School leaving certificate dated 26.08.2004 issued to the petitioner by the Head-Master, Adarsh Bidyalaya M.E. School, Kokrajhar.
(v) Affidavit dated 24.08.2004 about nick name of the petitioner.
(vi) Schedule caste certificate of the petitioner dated 19.4.1996.
Learned counsel for the petitioner submits that these documents are of great significance for establishing that the petitioner is a descendant of a
refugee, namely, Ganesh Chandra Roy his grandfather, who had come to India sometime in 1951, as certified by the Refugee Registration Certificate
dated 05.10.1951 issued in the name of the petitioner's grandfather. Accordingly, the petitioner submits that if these documents could be filed and
considered by the Foreigners' Tribunal, the Foreigners' Tribunal could have come to a different conclusion.
In other words, the plea of the petitioner is that because of the inability of the petitioner to file the aforesaid crucial documents before the
Foreigners' Tribunal for the reasons mentioned above, he has been declared as foreigner and thus causing irreparable injury to him.
In this regard, Ms. A. Verma, learned Special Counsel, FT, has very frankly and fairly submitted that if these crucial documents would help him
prove that he is an Indian citizen, he may be permitted to approach the Tribunal again to file the same to substantiate his claim that he is an Indian
citizen.
We also have felt that if these documents are found to be genuine and correct, these will indeed bolster his claim that he is an Indian citizen, as
these documents indicate that Ganesh Chandra Roy whom the petitioner claims to be his grandfather, was a refugee and who had entered India
sometime in 1951.
In that view of the matter and considering the submissions advanced, we are of the opinion that the matter can be remanded back to the Foreigners'
Tribunal for reconsideration. Consequently, the impugned opinion dated 17.12.2020 passed by the learned Member, Foreigners' Tribunal Dibrugarh 2nd
at Dibrugarh, Assam, in F.T. Case No.534/2006 is set aside. The petitioner is permitted to approach the concerned Foreigners' Tribunal within a
period of 1(one) month from today and file his supplementary written statement along with the aforesaid documents mentioned in the petition and
thereafter, the Foreigners' Tribunal will proceed in the matter as expeditiously as possible in accordance with law and shall pass a fresh opinion.
However, since the citizenship of the petitioner has already come under cloud, the petitioner will appear before the Superintendent of Police
(Border), Dibrugarh, but the petitioner will remain on bail on furnishing a bail bond ` 5,000/- (Rupees five thousand) with one local surety of the like
amount to the satisfaction of the said authority. The concerned Superintendent of Police (Border) shall also take steps for capturing the fingerprints
and biometrics of the iris of the petitioner, if so advised. The petitioner shall not leave the jurisdiction of Dibrugarh district without giving details of the
place of destination and his place of stay to the Superintendent of Police (Border), Dibrugarh.
We also make it clear that in the event of failure on the part of the petitioner to appear before the Foreigners' Tribunal Dibrugarh 2nd at
Dibrugarh, Assam within the above mentioned period, the earlier opinion dated 17.12.2020 passed in F.T. Case No.534/2006 shall stand revived and
the law will take its own course.
With the above observation and direction, the petition stands disposed of.