Renu Bala Biswas @ Renu vs Union Of India And 6 Ors

AM Bujor Barua, J

Heard Mr. GP Bhowmik, learned senior counsel for the petitioner, Mr. A Ali, learned counsel for the Election Commission of India, Mr. J. Payeng, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border Affairs, Ms. A. Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.

On being referred by the Superintendent of Police (Border), Morigaon, IM(D)T Case No.1012/2003 was registered against one Adhir Biswas and another and IM(D)T Case No.328/2003 was registered against the present petitioner Renu Bala Biswas. Upon the IM(D)T Act of 1983 being declared ultra-vires, the reference was transferred to the Foreigners Tribunal No.1, Morigaon and was renumbered as FT(C) No.240/2010. By the order dated 24.08.2018, the petitioner Renu Bala Biswas was declared to be a foreigner, who entered India subsequent to 25.03.1971.

In paragraph-3 of the order dated 24.08.2018, it was recorded that amongst others, the petitioner had relied upon Exhibit-A, which is a voters list of 1966 and Exhibit-B, which is a voters list of 1970. The voters list of 1966 pertaining to village Goroimari, Mouza-Pakaria district-Nagaon relates to Muchiram Biswas, son of Buchai age 30 years at Sl No.122, whereas the voters list of 1970 of village Goroimari also pertains to Muchiram Biswas, son of Buchai. The paragraph-12 of the order of the Tribunal is as follows:-

"12.On examination her documents it is found that there is no other voter list other than the voter list of 1989 (Ext-H) in her name. Although she has claimed that she has been casting voter since 1989 till date. There is no disclosure of any voters list in support of her claim. Again, if she has casted vote in 1989 with her husband Narayan Biswas, then why there is no disclosure of any other voter list with her husband after 1989. Besides, it is also questionable, prior to 1989 and after 1966/1970 why there is no voters list in the name of Narayan Biswas with other family members. Again, her age reflected as 29 years in the voters list of 1989 (Ext-H) has drawn suspicion regarding the true entry seeing the voter list of 1966 of Narayan Biswas who was 30 years old at that time, which means the year of birth of Narayan Biswas was somewhere around 1936 and the OP Renu Bala was born in 1960 or so. Since there is no other document or voter list adduced by the OP of her own, her relation with Narayan Biswas S/O Kali Charan Biswas is not believed to be true."

A reading of paragraph-12 of the order of the Tribunal shows that firstly the Tribunal had arrived at a conclusion that there is no voters list other than the voters list of 1989, which contains the name of the petitioner. The said finding is prima-facie incorrect as Exhibit-A and Exhibit-B are both voters list of 1966 and 1970 pertaining to Muchiram Biswas, whom the petitioner claims to be her father. In the said paragraph, it had further been discussed by the Tribunal that the voters list of 1966 produced by the petitioner relates to Narayan Biswas and accordingly concluded that the date of birth of Narayan Biswas would be somewhere around 1936, whereas the petitioner Renu Bala Biswas was born in the year 1960.

The said conclusion is also incorrect as because 1966 voters list is of Muchiram Biswas and not of Naryan Biswas. As because the Tribunal had proceeded in an incorrect premises that the voters list of 1966 relates to Narayan Biswas who is the husband of the petitioner ignoring the fact that the voters list of 1966 and 1970 in fact relates to Muchiram Biswas, whom the petitioner claims to be her father, we are of the view that the order dated 24.08.2018 of the Foreigners Tribunal No.1, Morigaon in FT Case No.240/2010 is unsustainable.

Accordingly, the order dated 24.08.2018 so far as it relates to Renu Bala Biswas in connection with FT(C) No.240/2010 is set aside.

The petitioner shall now appear before the Tribunal on 06.03.2019 and upon her appearance before the Tribunal, the Tribunal shall re-adjudicate the reference by allowing the petitioner to lead her argument and by taking into consideration the voters list of 1966 and 1970, which relates to Muchiram Biswas. It is provided that the petitioner shall not be allowed to adduce any further evidence and the decision be made on the basis of the existing evidence on record. Re-adjudication be done within a period of 15 days from the date of appearance of the petitioner.

In the event, the petitioner does not appear or does not co-operate with the Tribunal, the Tribunal would be at liberty to pass any order under the law.

The writ petition stands allowed to the extent indicated above.