Gauhati High Court
Priya Biswas @ Priyabala Biswas vs The Union Of India And 7 Ors on 3 May, 2023
Page No.# 1/4
GAHC010173312019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5345/2019
PRIYA BISWAS @ PRIYABALA BISWAS
D/O- LT SADHU CHARAN BISWAS, R/O- 2 NO. GUNAMARA, P.S.
DHARAMTUL, DIST- MORIGAON, ASSAM
VERSUS
THE UNION OF INDIA AND 7 ORS.
REP. BY THE SECY., MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA,
SHASTRI BHAWAN, NEW DELHI- 110001
2:THE STATE OF ASSAM
THROUGH THE ADDL. CHIEF SECY.
HOME AND POLITICAL DEPTT.
GOVT. OF ASSAM
ASSAM SECRETARIAT
GHY
ASSAM
PIN- 781006
3:THE MEMBER
FOREIGNERS TRIBUNAL NO. 2
MORIGAON
MORIGAON
ASSAM
PIN- 782105
4:THE SUPERINTENDENT OF POLICE (B)
MORIGAON
ASSAM- 782105
5:THE DY. COMMISSIONER
OFFICE OF THE DY. COMMISSIONER
Page No.# 2/4
MORIGAON
ASSAM- 782105
6:THE OFFICER-IN-CHARGE
OF BHURAGAON P.S.
DIST- MORIGAON
ASSAM
PIN- 782121
7:THE STATE COORDINATOR
OFFICE OF THE STATE COORDINATOR
NRC ASSAM
1ST FLOOR
ACHYUT PLAZA
GS ROAD
BHANGAGARH
GHY
ASSAM
PIN- 781005
8:THE ELECTION COMMISSIONER OF INDIA
ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI- 11000
Advocate for the Petitioner : MS. D GHOSH
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 03.05.2023
(A.M. Bujor Barua, J)
Heard Ms. D. Ghosh, learned counsel for the petitioner and Ms. L. Devi,
learned counsel for the respondents No. 1 and 7, being the Union of India and
the State Coordinator of NRC, respectively. Also heard Ms. A. Verma, learned
counsel for the respondents No. 2, 3, 4 and 6, being the authorities in the Home
Page No.# 3/4
Department; Ms. M. Dutta, learned counsel for the respondent No. 5, being the
Deputy Commissioner, Morigaon and Mr. A.I. Ali, learned counsel for the
respondent No. 8, being the Election Commission of India.
2. The petitioner Priya Biswas @ Priyabala Biswas was referred to the
Foreigners' Tribunal No. 1, Morigaon for rendering an opinion as to whether she
is a person who had entered the State of Assam from the specified territory on
or after 25.03.1971 and accordingly Case No. F.T.435/2010 was registered. The
Tribunal rendered its opinion dated 31.10.2018 arriving at its conclusion that the
petitioner is a foreigner who had entered the State of Assam on or after
25.03.1971. Before the Tribunal, the petitioner took a stand that in respect of
her father Sadhucharan Biswas son of late Gopal Biswas, a proceeding before
the Foreigners' Tribunal No. 4, Morigaon was held resulting in registration of F.T.
(C) Case No. 235/2016 wherein a judgment and order dated 30.07.2016 was
passed declaring Sadhucharan Biswas and his other family members namely,
Sandhyarani Biswas (wife), Rabindra Biswas (son), Khushi Mohan Biswas (son),
Priya Biswas (daughter), Fulmala Biswas (daughter) of village Thengbhanga to
be Indian citizens. The Tribunal rejected the claim of res judicata by the
petitioner by providing that Exhibit A produced by the petitioner has no
credence in her case as the linkage with the projected father is not established.
3. When a stand of res judicata is taken, the Tribunal is required to look into
whether the person referred in the earlier case and the person referred in the
subsequent case are one and the same person. The Tribunal is not required to
go into the merits of the claim made by the person concerned in the subsequent
matter and then arrive at a conclusion that no credence can be given to the
earlier judgment. As there is a definite finding that Sadhucharan Biswas son of
late Gopal Biswas along with his daughter Priya Biswas is an Indian citizen, the
Page No.# 4/4
Tribunal is now required to look as to whether Priya Biswas in paragraph 4 of
the judgment and order dated 30.07.2016 in F.T.(C) Case No. 235/2016 and
Priya Biswas @ Priyabala Biswas who is the petitioner proceedee in this writ
petition are one and the same person. If the conclusion to be arrived would be
that they are one and the same person, the principle of res judicata would be
applicable as laid down by the Hon'ble Supreme Court in the case of Abdul
Kuddus Vs. Union of India & Ors., reported in (2019) 6 SCC 604 and accordingly
the subsequent reference made against the petitioner in Case No. F.T.435/2010
would be liable to be dismissed and thereafter the petitioner be declared to be
an Indian citizen.
4. Accordingly, we remand the matter back to the Foreigners' Tribunal No. 1,
Morigaon for the aforesaid purpose. The petitioner to appear before the Tribunal
on 14.06.2023.
Writ petition stands disposed of as indicated above.
Send back the LCRs forthwith.
JUDGE JUDGE
Comparing Assistant
