Gauhati High Court
Bakul Rani Saha vs The Union Of India And 3 Ors on 16 May, 2023
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GAHC010056842017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7761/2017
BAKUL RANI SAHA
W/O NABA KUMAR SAHA R/O BARPETA ROAD, WARD NO. 3, P.S. and P.O.
BARPETA ROAD, DIST. BARPETA, ASSAM, PIN - 781315.
VERSUS
THE UNION OF INDIA and 3 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, SHASTRI BHAWAN, TRILOK MARK, NEW DELHI-110001.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI- 781006.
3:THE DEPUTY COMMISSIONER OF BARPETA
P.O. and P.S. BARPETA DIST. BARPETA
ASSAM
PIN - 781301.
4:THE SUPERINTENDENT OF POLICE B
BARPETA
P.O.
P.S. and DIST. BARPETA
ASSA
Advocate for the Petitioner : MD.A HUSSAIN
Advocate for the Respondent : ASSTT.S.G.I.R1
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BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE ROBIN PHUKAN
Date : 16-05-2023
JUDGMENT & ORDER (ORAL)
(AM Bujor Barua, J)
Heard Mr. A Hussain, learned counsel for the petitioner. Also heard Ms. L
Devi, learned CGC for the respondents in the Union of India, Mr. G Sharma,
learned Special Standing Counsel, Foreigners Tribunal for the Home
Department, Government of Assam, as well as the Superintendent of Police (B)
Barpeta and Mr. TR Gogoi, learned Government Advocate for the Deputy
Commissioner, Barpeta.
2. The petitioner, namely, Bakul Rani Saha was referred to the Foreigners
Tribunal 9th Barpeta, Assam for rendering an opinion as to whether she is a
person who had entered the State of Assam on or after 25.03.1971 resulting in
the registration of F.T. 9th Case No.409/2015 corresponding to Ref.IM(D)T Case
No.6739(A) wherein an opinion dated 09.08.2017 was rendered declaring the
petitioner to be a person who had entered the State of Assam from the
specified territory on or after 25.03.1971.
3. Being aggrieved this writ petition is instituted.
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4. In the writ proceeding, the petitioner relies upon the voters list of 1965 of
Sahar Barpeta Road Ward No.2 which contains the name of Abhay Charan Saha
son of Gobinda at Sl.No.399 and that of Priya Bala Saha wife of Abhay at
Sl.No.400 and both of them are shown to be residing in the same House
No.122. Reliance is also placed on the voters list of 1997 of village Barpeta Road
Ward No.1 which contains the name of Prakash Ch.Saha son of Abhaya at
Sl.No.347 and that of Priya Bala Saha wife of Abhaya at Sl.No.351 and both of
them are shown to be residing in the same House No.104. Further reliance is
placed on the voters list of 2010 of Barpeta Road Ward No.1 which contains the
name of Prakash Ch. Saha son of Abhay Chandra Saha at Sl.No.450 and that of
Priya Bala Saha wife of Abhay Chandra Saha at Sl.No.454, where also both of
them are shown to be residing in the same House No.104.
5. Prakash Ch. Saha had deposed before the Tribunal as DW-2 wherein it is
stated that Abhay Chandra Saha @ Chandra Saha was his father and the
proceedee/ writ petitioner Bakul Rani Saha is his elder sister being the daughter
of Abhay Chandra Saha.
6. A reading of the cross examination by the State authorities does not
indicate that the evidence rendered by the DW-2 Prakash Chandra Saha could
be rebutted in any manner. If the evidence of DW-2 Prakash Chandra Saha is
accepted, it can be established that the petitioner Bakul Rani Saha is his sister
and as the name of DW-2 Prakash Chandra Saha appears along with Priya Bala
Saha in the voters list of 1997 and 2010 of village Barpeta Road Ward No.1 and
the name of Priya Bala Saha wife of Abhay appears in the voters list of 1965 of
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village Sahar Barpeta Road Ward No.2, we are of the view that the petitioner
has clearly established her case and discharged the burden under Section 9 of
the Foreigners Act 1946.
7. In view of such conclusion arrived, the petitioner Bakul Rani Saha is
declared to be a citizen of India. Consequently, all such legal rights and
privileges that may accrue to the petitioner Bakul Rani Saha upon such
declaration that she is a citizen of India be made available to her.
8. Writ petition, accordingly, stands allowed.
9. LCR be sent back.
JUDGE JUDGE
Comparing Assistant
