JUDGMENT AND ORDER :

N. Kotiswar Singh, J.

Heard Ms. D. Ghosh, learned counsel for the review petitioners. Also heard Ms. L. Devi, learned counsel, who appears on behalf of Mr. R.K.D. Choudhury, learned ASGI; Mr. A. Kalita, learned Special Counsel, FT; Mr. A.I. Ali, learned Standing Counsel, ECI; Ms. U. Das, learned Additional Senior Government Advocate, Assam and Ms. L. Devi, learned Standing Counsel, NRC.

2. In this review petition, the review petitioners have sought for review of the order dated 01.10.2018 passed by this Court in WP(C) No.6707/2018.

3. Though the issue of limitation was initially raised in preferring the review petition, Mr. Kalita, learned Special Counsel, in his all fairness, has submitted that he will not press this issue in view of the fact that at the relevant time, Covid-19 pandemic was raging in this country, which may have contributed significantly to the delay in filing this petition.

4. Before we consider the grounds in seeking review and the response of the State in that regard, it would be apposite to refer to the relevant portions of the order dated 01.10.2018

passed in WP (C) No. 6707/2018 sought to be reviewed.

“The Tribunal vide impugned order opined the reference against the petitioners after holding as follows:

“7. CRITICAL ANALYSIS OF THE REFERENCE

The certificate issued by “Assam Refugee Federation” dated 6.9.1963 is the only document the O.Ps could show their presence in Indian soil prior to the base period of 1965-1966 and this certificate is issued by a private organization which therefore, cannot be made admissible as per Evidence Act, 1782. Assuming the O.Ps have set their foot in 1963 for settling down in India, they ought to have obtained a certificate of Registration being registered as Indian citizens u/s 5(1) (a) (d) of the Citizenship Act, 1955 from competent authority. Unless the said certificate is obtained, the O.Ps remain illegal Migrants (Bangladeshis) and moreover, they have no voter list of 1995/1966 or 1970/1971. From the above discussion, it can be presumed that either the O.Ps have exhibited a Fake/Tempered Refugee Certificate of 1963 or have literarily entered into India(Assam) after 25.3.1971. The other exhibits/documents do not need any discussing as the O.Ps have miserably failed to prove themselves as Indian citizens as is envisaged Under Section 9 of the Foreigners’ Act, 1946. And importantly, the O.Ps have not proved the contents of the documents of the Refugee Certificate as is required under the law, more particularly as laid down; by the Apex Court in Life Insurance Corporation of India & Anr. Vs. Ram Pal Singh Bisen reported in (2010) 4 SCC 291 that “ Contents of a document cannot be proved merely by filing it in a Court unless the contents thereof are proved in accordance with law.”

Ms. Ghosh submits that the findings of the Tribunal was not proper inasmuch the claim of entry into India by the petitioner No. 1 was on the basis of the documentary piece of evidence i.e. the certificate issued by the “Assam Refugee Federation” dated 6.9.1963. The said certificate ought not to have discarded only for the reason that the said certificate was not proved as required under the Indian Evidence Act, 1872. On the basis of said submission Ms. Ghosh sought for setting aside the impugned order.

Mr. Kalita on the other hand, vehemently opposed the submission of the learned counsel for the petitioner on the ground that even if the said certificate is not considered at all there are no other materials to show that the petitioner entered India prior to the cut off date i.e 25.3.1971. None of the certificates issued by the Gaonburha were proved and under such circumstances, the submission of the learned counsel for the petitioner cannot considered at all.

Considered the submission of the learned counsel. On perusal of the impugned order we find that the only piece of evidence in order to prove the entry to India prior to the cut off period be it 1966 or 25.3.1971 by the petitioners, is