Gauhati High Court
Anil Saha vs Union Of India on 6 January, 2023
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GAHC010109382019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3530/2019
ANIL SAHA
S/O- LATE ANATH BANDHU SAHA,
R/O- VILL- SILAPATHAR NATUN GAON,
P.O AND P.S- SILAPATHAR NATUN GAON,
DIST- DHEMAJI, ASSAM.
......Petitioner
VERSUS
1. UNION OF INDIA,
REP. BY MIN OF HOME AFFAIRS,
NEW DELHI
2:THE STATE OF ASSAM,
REP. BY THE MIN OF HOME,
DISPUR, GUWAHATI- 06.
3:SUPERINTENDENT OF POLICE(B),
DHEMAJI, ASSAM.
4:DEPUTY COMMISSIONER,
DHEMAJI, ASSAM.
...... Respondents.
For the Petitioner : Mr. B. Kaushik, Adv.
: Ms. A. Kipanjal, Adv.
: Mr. S. Hazarika, Adv.
Advocates
For the Respondent No.1 : Ms. L. Devi, on behalf of
Mr. R.K.D. Choudhur, Dy.SGI,
For the Respondent Nos.2 & 3 : Mr. G. Sarma, SC, FT,
For the Respondent No.4 : Ms. U. Das, Addl. Govt. Adv., Assam.
Advocates
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BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
Date of Hearing and Judgment : 06.01.2023
JUDGMENT AND ORDER (ORAL)
[N. Kotiswar Singh, J.]
Heard Mr. B. Kaushik, learned counsel for the petitioner. Also heard Ms. L. Devi,
learned counsel appearing on behalf of Mr. R.K.D. Choudhury, learned Dy. SGI for respondent
No.1; Mr. G. Sarma, learned Standing Counsel, Foreigners Tribunal for respondent Nos.2 & 3
and Ms. U. Das, learned Additional Senior Government Advocate, Assam for respondent No.4.
2. In this petition, the petitioner has challenged the order dated 14.12.2018 passed by
the learned Foreigners Tribunal No.2, Dhemaji at Shilapathar in F.T. Case No.333/2017 by
which the petitioner was declared to be a foreigner of post 25.03.1971 who entered into the
territory of India (Assam) after 25.03.1971 without any valid document.
3. The petitioner has challenged the impugned order dated 14.12.2018 on the ground
that there is a specific averment made by the petitioner before the learned Tribunal supported
by the certificate issued by the concerned authority that he and his father entered India on
05.03.1962.
4. It has been submitted that the petitioner has been staying in Assam continuously since
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their entry in India on 05.03.1962 and as such, he is entitled to be deemed to be a citizen of
India in terms of Sub-Section (2) of Section 6A of the Citizenship Act, 1955.
5. In order to appreciate the said submission advanced, we have perused the original
records which have been requisitioned and placed before us.
6. On perusal of the records, it appears that the petitioner had made a specific statement
in para No.5 thereof of the written statement that the proceedee along with the proceedee's
Late father Anath Bandhu Saha, Late mother Latika Saha, uncle Late Pryonath Saha had
entered India on 05.03.1962, during which period, the proceedee's age was approximately 14
years as certified by the Deputy Commissioner, United Khasi & Jantia Hills, Shillong, Relief
and Rehabilitation Branch and thereafter, his parents proceeded towards the village in Howli
at Barpeta district.
7. The petitioner, of course, has relied on other documents also as mentioned in the
written statement.
8. The petitioner has examined himself as OPW-1 before the Tribunal who reiterated his
statement made in the written statement.
9. We have examined the cross-examination of the OPW-1 by the State in which nothing
has been mentioned to challenge the validity or genuineness of the said certificate issued
stating that he had entered India on 05.03.1962.
10. Under the circumstances, we are of the view that if the petitioner after entering India
on 05.03.1962, had shifted to Assam as submitted in his written statement which has not
been challenged, the case of the petitioner will be covered by Sub-Section(2) of Section 6A of
the Citizenship Act, 1955 which provides as follows,
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"6A. Special provisions as to citizenship of persons covered by the Assam Accord.--
..............
(2) Subject to the provisions of sub-sections (6) and (7), all persons of Indian origin
who came before the 1st day of January, 1966 to Assam from the specified territory
(including such of those whose names were included in the electoral rolls used for the
purposes of the General Election to the House of the People held in 1967) and who have
been ordinarily resident in Assam since the dates of their entry into Assam shall be deemed
to be citizens of India as from the 1st day of January, 1966."
11. Under the circumstances, we are of the view that the impugned opinion dated
14.12.2018 rendered by the learned Foreigners Tribunal No.2, Dhemaji at Silapathar in F.T.
Case No.333/2017, does not appear to be based on record but contrary to the documents
which have been produced before the learned Tribunal and also before us.
12. We are satisfied that the petitioner has been able to make out a case that his case
comes under the category of persons covered under Sub-Section (2) of Section 6A of
Citizenship Act, 1955.
13. For the reasons discussed above, the present petition is allowed by setting aside the
impugned order dated 14.12.2018 passed by the learned Foreigners Tribunal No.2, Dhemaji
at Silapathar in F.T. Case No.333/2017.
14. Accordingly, the petitioner, Sri Anil Saha, Son of Lt. Anath Bandu Saha, resident of
village Silapathar, Natun Gaon, P.O. & P.S.- Silapathar, Mouza- Sisi, District Dhemaji, Assam
shall be deemed to be an Indian in terms of Sub-Section (2) of Section 6A of the Citizenship
Act, 1955.
15. With the above observations and directions, the present petition stands allowed.
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16. LCR be remitted forthwith to the concerned Foreigners Tribunal.
JUDGE JUDGE
Comparing Assistant
