Sukumar Banik vs The Union Of India And 5 Ors
2023 Latest Caselaw 2409 Gua

                                                                    Page No.# 1/3

GAHC010136472019




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/4054/2019

         SUKUMAR BANIK
         S/O LT. RAMA KANTA BANIK,R/O VILL. NIZ LALUK,P.S. LALUK, DIST.-
         LAKHIMPUR, ASSAM, PIN-787160



         VERSUS

         THE UNION OF INDIA AND 5 ORS.
         THROUGH THE MINISTRY OF HOME AFFAIRS, GRIHA MANTRALAYA,
         NEW DELHI-110001

         2:THE STATE OF ASSAM
         THROUGH THE SECRETARY TO THE GOVT. OF ASSAM
          HOME DEPTT. DISPUR
          GUWAHATI-6

         3:THE ELECTION COMMISSION OF INDIA
          NIRVACHAN SADAN ASOKA ROAD
          NEW DELHI-110001

         4:THE STATE CO-ORDINATOR
          NATIONAL REGISTRATION OF CITIZEN
         ASSAM
          BHANGAGARH
          GUWAHATI-781005

         5:THE DEPUTY COMMISSIONER
          LAKHIMPUR
          DIST.-LAKHIMPUR
         ASSAM
          PIN-787001

         6:THE SUPERINTENDENT OF POLICE (BORDER)
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             LAKHIMPUR
             DIST.-LAKHIMPUR
             ASSAM
             PIN-78700

Advocate for the Petitioner   : MR. S C BISWAS

Advocate for the Respondent : ASSTT.S.G.I.




                           BEFORE
      HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
            HONOURABLE MR. JUSTICE NELSON SAILO

                                         ORDER

07.06.2023 (AM Bujor Barua, J)

The petitioner relies upon an earlier order of the Foreigners Tribunal, Lakhimpur in LFT Case No.669/2009 to substantiate that the present proceeding in Foreigners Tribunal-II, Lakhimpur in Lakhimpur FT-II Case No.1171/15 is barred by the principle of res judicata.

Mr. FA Hasan, learned counsel submits that in the judgment of the Supreme Court in Abdul Kuddus Vs. Union of India and Others reported in (2019) 6 SCC 604 it has been held that the principles of res judicata are also applicable in respect of proceedings before the Foreigners Tribunal. But at the same time, the principles of res judicata also require that there must be an earlier decision between the same parties in order to invoke the principles of res judicata. A decision under the law would have to be understood to be a decision rendered with appropriate reasoning.

On a bare perusal of the earlier opinion of the Tribunal in LFT Case Page No.# 3/3

No.669/2009, it is noticed that it is devoid of any reason, other than stating the claims of the petitioner and thereafter the Tribunal saying that in view of the above findings, the opinion of the Tribunal is that the petitioner Sukumar Banik is an Indian citizen. But we have not noticed any findings of the Tribunal other than describing the claims made by the petitioner before the Tribunal.

The petitioner also relies upon a refugee registration certificate which contains the name of Rama Kanta Banik by showing him to be a resident of village Badherghat P.S. Kotwali, Agartala in the West Tripura district. To claim that Rama Kanta Banik of the refugee certificate is the father of the petitioner, reliance is placed on a Jamabandi of a plot of land of village Niz-Laluk which contains an order of the Circle Officer dated 01.06.93 wherein it is stated that Sukumar Chandra Banik is the son of Romakanta Banik, but Ramakanta Banik of the jamabandi is of village Niz-Laluk in the Lakhimpur district, whereas Rama Kanta Banik of the refugee certificate is of village Badherghat P.S. Kotwali, Agartala in the West Tripura district.

Mr. F A Hasan learned counsel for the petitioner seeks for an adjournment to examine the aforesaid discrepancy.

List after two weeks.

                                         JUDGE                            JUDGE


Comparing Assistant