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2016 Supreme(Gau) 900

IN THE HIGH COURT OF GAUHATI
Ujjal Bhuyan, Rumi Kumari Phukan, JJ.
Badal Mazumdar - Appellant
Vs.
Union of India and Ors. - Respondents
W.P.(C) No. 5519 of 2016
Decided On : 16-09-2016

Advocates:
Advocate Appeared:
For the Appellant : A. Dasgupta, B. Das
For the Respondents: R. Dhar, G. Sharma

Headnote:

Constitution of India - 1950 - Article 226 - Foreigners Act, 1946 -Citizenship Act, 1955 – Section 6A – Evidence - Not discharge his burden to prove that he was not a foreigner - On reference made by State under Foreigners Act with allegation that petitioner foreigner having illegally entered into India Assam between was registered in Foreigners Tribunal - Notice issued Foreigners Tribunal Tribunal was served on petitioner who thereafter appeared before Tribunal along with his advocate on – Held, Reverting back facts of present case it is more than evident that petitioner was totally negligent did not show any seriousness either before Tribunal subsequent to order passed by this Court - Such conduct petitioner cannot be appreciated - Since petitioner did not register himself foreigner belonging stream for more than years legal consequences explained Full Bench in Moslem supra would follow - Petitioners plea illiteracy does not hold water all throughout he represented by his counsel who appeared on his behalf – Petition dismissed

ORDER :

Ujjal Bhuyan, J.

1. Heard Mr. A. Dasgupta, learned Senior counsel assisted by Ms. B. Das, learned counsel for the petitioner, Mr. R. Dhar, learned Govt. Advocate, Assam and Ms. G Sharma, learned counsel for the Central Government. This petition has been filed under Article 226 of the Constitution of India seeking a direction to the Foreigners Regional Registration Officer, Dibrugarh to register the name of the petitioner under Section 6A of the Citizenship Act, 1955.

2. On a reference made by the State under the Foreigners Act, 1946, with the allegation that petitioner was a foreigner having illegally entered into India (Assam) between 1.1.1966 to 24.3.1971, F.T. Case No. 47/2000 was registered in the Foreigners Tribunal, Dibrugarh. Notice issued by the Foreigners Tribunal, Dibrugarh (Tribunal) was served on the petitioner who thereafter appeared before the Tribunal along with his advocate on 16.08.2001. However, petitioner sought for time to file written statement. But in spite of granting adequate opportunity by the Tribunal, petitioner neither filed written statement nor adduced any evidence. Ultimately, Tribunal decided to proceed ex parte against the petitioner and fixed 11.09.2001 for ex parte order. On that day also, petitioner remained absent without steps. After perusal of the record and on due consideration, Tribunal came to the conclusion that petitioner did not discharge his burden to prove that he was not a foreigner but an Indian citizen. Accordingly, petitioner was declared to be a foreigner. He was granted two months time to register his name before the Foreigners Regional Registration Officer, Dibrugarh.

3. Such a direction by the Tribunal implied that petitioner was declared to be a foreigner belonging to the 01.01.1966 to 24.03.1971 stream. Though this order was passed on 11.09.2001, petitioner did not register himself before the Registering Officer. As a result, Superintendent of Police (B), Dibrugarh passed an order on 28.07.2003 directing the petitioner to leave India within two weeks and thereafter not to re-enter India.

4. At that stage, petitioner approached this Court by filing WP(C) No. 6575/2003. Initially, on 26.08.2003, notice was issued and the order of the Tribunal dated 11.09.2001 was suspended. Thereafter, the writ petition was finally disposed of on 28.09.2005. Petitioner was directed to get himself registered under Section 6A of the Citizenship Act, as amended, within a period of one month. To that extent, order of the Tribunal was modified.

5. From a perusal of the said order, it is seen that the said order was passed on consent of both the parties.

6. Notwithstanding the above order of this Court dated 28.09.2005, petitioner did not register himself before the Registering Officer. It is stated that in the month of August, 2015, some police men came to his residence asking for documents relating to his citizenship. Thereafter, he contacted his counsel who informed him about the final order of the Court dated 28.09.2005.

7. It is stated that petitioner thereafter submitted an application before the Foreigners Regional Registration Officer, Dibrugarh on 11.09.2015 to register his name as a foreigner belonging to the 01.01.1966 to 24.03.1971 stream under Section 6A of the Citizenship Act, 1955.

8. Petitioner states that since time limit for registration has expired, the registering authority did not register his name. Therefore, he has approached this Court by filing the present writ petition.

9. Learned Senior counsel for the petitioner submits that petitioner is an illiterate person and did not understand the legal implications of non-registration. Therefore, one last opportunity should be granted to the petitioner to get his name registered as a foreigner belonging to the said stream.

10. We are afraid; we can accept such untenable contention of the petitioner.

11. From the documents placed on record, it is seen that upon receipt of notice issued by the Tribunal, petitioner had appeared before









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