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2019 Supreme(Gau) 172
IN THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ACHINTYA MALLA BUJOR BARUA, AJIT BORTHAKUR, JJ.
ATTAL HUSSAIN @ ATTAL MANDAL S/O LT MAKBUL MANDAL - Appellant
VERSUS
THE UNION OF INDIA AND 7 ORS. - Respondent
WP(C) 8601 OF 2018
Decided on : 21-01-2019
Advocate Appeared:
For the Petitioner: MR. N AHMED
Compliance with the residency requirement under Section 6A(3) of the Citizenship Act is essential for a person declared as a foreigner.
Headnote:
Foreigner Registration - Citizenship Act - Section 6A(3) - Summary: The court considered the provisions of Section 6A(3) of the Citizenship Act, which requires a person of Indian origin who entered Assam between 01.01.1966 and 25.03.1971 to register with the Foreigners Registration Authority if detected to be a foreigner and ordinarily resident in Assam. The court found that the petitioner had not fulfilled the conditions precedent of Section 6A(3) and required him to reappear before the Foreigners Tribunal for a determination of his residency status.
Fact of the Case:
The petitioner was declared a foreigner by the Foreigners' Tribunal for failing to register with the Regional Foreigners Registration Office as required under Section 6A(3) of the Citizenship Act.
Finding of the Court:
The court found that the petitioner had not fulfilled the residency requirement under Section 6A(3) and required him to reappear before the Foreigners Tribunal for a determination of his residency status.
Issues: Failure to register with the Regional Foreigners Registration Office, residency status of the petitioner, compliance with Section 6A(3) of the Citizenship Act.
Ratio Decidendi: The court held that the petitioner must fulfill the conditions precedent of Section 6A(3) of the Citizenship Act, including being ordinarily resident in Assam, and required him to reappear before the Foreigners Tribunal for a determination of his residency status.
Final Decision: The writ petition was disposed of, and the petitioner was required to reappear before the Foreigners Tribunal for a determination of his residency status.
A.M. Bujor Barua, J
Heard Mr. N. Ahmed, learned counsel for the petitioner. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and Mr. J Payeng, learned counsel for the State of Assam appearing for the Foreigners’ Tribunal and Border Areas, Ms. A Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.
2. Before the Tribunal, although notice was served, petitioner failed to appear. In the circumstances, the Foreigners’ Tribunal, Dhubri by the order dated 16.03.2000 in connection with FT Case No.80/D/1999 had declared the petitioner to be a foreigner who entered into India between 01.01.1966 to 25.03.1971 and accordingly required him to registered before the Regional Foreigners Registration Office of the Dhubri.
3. Although upon being declared to be a person, who came into the territory of India between 01.01.1966 and 25.03.1971, a person is required to register himself/herself with the Regional Foreigners Registration Office of the concerned district, but in the instant case, the petitioner had not done so. As the petitioner was not registered, the authorities sought to deport him from the territory of India and in the said circumstances, this writ petition has been preferred.
4. In this writ petition, the petitioner prays for a direction that he be allowed to register himself before the Regional Foreigners Registration Office as provided under Section 6A(3) of the Citizenship Act of 1955.
5. We have perused the provisions of Section 6A(3) which is as follows:
(3) Subject to the provisions of sub-sections (6) and (7), every person of Indian origin who—
(a) came to Assam on or after the lst day of January, 1966 but before the 25th day of March, 1971 from the specified territory; and
(b) has, since the date of his entry into Assam, been ordinarily resident in Assam; and
(c) has been detected to be a foreigner, shall register himself in accordance with the rules made by the Central Government in this behalf under section 18 with such authority (thereafter in this sub-section referred to as the registering authority) as may be specified in such rules and if his name is included in any electoral roll for any Assembly or Parliamentary constituency in force on the date of such detection, his name shall be deleted therefrom.
Explanation.—In the case of every person seeking registration under this sub-section, the opinion of the Tribunal constituted under the Foreigners (Tribunals) Order, 1964 holding such person to be a foreigner, shall be deemed to be sufficient proof of the requirement under clause (c) of this sub-section and if any question arises as to whether such person complies with any other requirement under this sub-section, the registering authority shall,—
(i) if such opinion contains a finding with respect to such other requirement, decide the question in conformity with such finding;
(ii) if such opinion does not contain a finding with respect to such other requirement, refer the question to a Tribunal constituted under the said Order hang jurisdiction in accordance with such rules as the Central Government may make in this behalf under section 18 and decide the question in conformity with the opinion received on such reference.
6. The requirement of registering with the Foreigners Registration Authority under Section 6A(3) of the Citizenship Act is subject to the following conditions precedent:
(i) that the proceedee came to Assam after 01.01.1966 but before 25.03.1971;
(ii) and sincethedateofhisentryintoAssam,beenordinarilyresidentinAssam;and
(iii) has been detected to be a foreigner.
7. In the instant case, in respect of the order of the Tribunal dated 16.03.2000, it is taken note of that there is no finding of a fact that since the date of his entry into Assam, the petitioner had ordinarily been residing in Assam. The only finding arrived is that the petitioner had entered India between 01.01.1966 and 25.0
