Gauhati High Court
Nayantara Mandal vs The Union Of India And 5 Ors on 5 October, 2021
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GAHC010209172019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6484/2019
NAYANTARA MANDAL
D/O. MANMOHAN MANDAL, W/O. SAMBHU MANDAL, VILL.
KURIHARPAM, MOUZA- PAKA, P.S. SARTHEBARI, DIST. BARPETA, ASSAM.
VERSUS
THE UNION OF INDIA AND 5 ORS.
THROUGH- THE SECRETARY, TO THE GOVT. OF INDIA, MINISTRY OF
HOME AFFAIRS GRIHA MANTRALAY , NEW DELHI.
2:THE STATE OF ASSAM
THROUGH- THE SECRETARY
TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GUWAHATI-06.
3:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA
NIRVACHAN SADAN ASHOKA ROAD
NEW DELHI-110001.
4:THE STATE COORDINATOR
NATIONAL REGISTRATION OF CITIZEN
ASSAM BHANGAGARH
GUWAHATI-781005.
5:THE DY. COMMISSIONER
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BARPETA
P.O. AND DIST. BARPETA
ASSAM
PIN-781301.
6:THE SUPDT. OF POLICE (B)
BARPETA
P.O. BARPETA
DIST. BARPETA
ASSAM
PIN-781301
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 05-10-2021
(N. Kotiswar Singh, J)
Heard Mr. F.A. Hassan, learned counsel for the petitioner. Also heard Ms. L.
Devi, learned counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned
Asstt. Solicitor General of India, for respondent No.1 as well as appearing as
standing counsel, NRC, for respondent No.4; Mr. A. Kalita, learned Special
Counsel, FT, appearing for respondent No. 2, and 6; Ms. U. Das, learned senior
Government Advocate for respondent no. 5; and Mr. A. Bhuyan, learned
Standing Counsel, ECI, appearing for respondent No. 3.
2. Considering the nature of the case, we are of the opinion that the
present petition can be disposed of at the admission stage itself.
3. Records have been received and we have perused the same.
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4. In this petition, the petitioner has challenged the opinion dated
04.07.2019 rendered by the learned Member, Foreigners' Tribunal-III, Barpeta in
F.T. Case No. 1471(III)/2013 arising out of Ref. F.T. Case No. 1210/03 by which
the petitioner has been declared a foreigner.
5. The present petition has been filed by the petitioner, namely, Nayantara
Mandal, D/o. Manmohan Mandal, W/o. Sambhu Mandal, Village - Kuriharpam,
Mouza - Paka, Police Station - Sarthebari, District - Barpeta, Assam, on being
aggrieved by the order dated 04.07.2019 passed by the learned Member,
Foreigners' Tribunal-III, Barpeta, in F.T. Case No. 1471(III)/2013 arising out of
Ref. F.T. Case No. 1210/03 declaring the petitioner to be a foreigner.
6. Learned counsel for the petitioner submits that the petitioner along with
her husband were earlier proceeded before the same Foreigners' Tribunal-III,
Barpeta in F.T.(3rd Tribunal) Case No. 36(III)/2009 where the learned the
learned Tribunal, vide opinion dated 15.11.2010 held that the present petitioner
namely, Nayantara Mandal along with her husband Sambhu Mandal are not
foreigners but Indian citizens. And as such, it has been submitted by the learned
counsel for the petitioner that once petitioner had been declared an Indian in an
earlier proceeding, the subsequent proceeding will be hit by applying the
principle of res judicata. The learned counsel for the petitioner has submitted on
the strength of the decision rendered by the Hon'ble Supreme Court in Abdul
Kuddus Vs. Union of India & Ors ., [(2019) 6 SCC 604] that as the
proceeding before the Foreigners' Tribunal is a quasi judicial, the principle of res
judicata will also be applicable in the present case.
7. In order to appreciate the aforesaid submission, we have perused the
record. In the opinion dated 15.11.2010 in F.T.(3 rd Tribunal) Case No.
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36(III)/2009, the learned Tribunal made the following opinion after appreciating
the evidence on record. The opinion reads as follows :
"I have perused the evidence as well as the documents submitted by the O.P./2 nd
party. It appears that Sudhanya Mandal, father of the O.P. Sambhu Mandal and the
name of Manomohan Mandal, father of the another O.P. Nayantara Mandal appeared in
the Electoral Rolls of 1966.
Considering the above, I am of the opinion that O.P. Sambhu Mandal along with his
wife Nayantara Mandal are the Indian citizen by birth."
8. In the subsequent proceeding before the learned Foreigners' Tribunal-III,
Barpeta in the impugned opinion dated 04.07.2019, we have seen that the
proceedee has been described as Smt. Nayantara Mandal, W/o Sambhu Mandal,
D/o Manmohan Mandal, Village - Kuriharpam, Police Station - Sarthebari,
District - Barpeta.
9. We have seen that the particulars of the present petitioner as described
above in F.T. Case No. 1471(III)/2013 is the same as can be seen from the
order dated 15.11.2010 in F.T.(3rd Tribunal) Case No. 36(III)/2009. We have
also noted that the petitioner has taken a specific plea in the written statement
filed by the petitioner in the aforesaid F.T. Case No. 1471(III)/2013 that the
proceedee Nayantara Mandal had been declared a Indian by filing a copy of the
judgment and order of F.T.(3rd Tribunal) Case No. 36(III)/2009 as exhibit-L.
Under the circumstances, we are satisfied that the present petitioner is the
same person i.e. Nayantara Mandal who was proceeded earlier in F.T.(3 rd
Tribunal) Case No. 36(III)/2009 and was declared an Indian. Accordingly, we
are of the view that the subsequent opinion rendered by the Foreigners'
Tribunal-III, Barpeta in F.T. Case No. 1471(III)/2013 cannot be sustained in law
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by applying the principle of res judicata in terms of the decision rendered by the
Hon'ble Supreme Court in Abdul Kuddus (supra).
10. In view of above, the present petition is allowed by setting aside the
impugned order dated 04.07.2019 passed in F.T. Case No. 1471(III)/2013 by the
Foreigners' Tribunal-III, Barpeta.
11. LCRs of the Tribunal be sent back.
JUDGE JUDGE
Comparing Assistant
