IMPORTANT POINT
The court established that proper procedural safeguards must be followed in citizenship determinations, emphasizing the necessity for thorough investigation and consideration of evidence by authorities.

ORDER :

A.M. BUJOR BARUA, J.

Heard Mr. P Buragohain, learned counsel for the petitioner. Also heard Ms. L Devi, learned counsel for the respondent no. 1 being the authorities under the Union of India, Ms. A Verma, learned counsel for the respondent no. 2, 6 and 7 being the authorities under the Home Department of the Government of Assam, Mr. A Ali, learned counsel for the respondent no. 3 being the authorities under the Election Commission of India and Ms. U Das, learned counsel for the respondent no. 8 being the Deputy Commissioner, Dhemaji.

2. The respondents no. 4 and 5 stand deleted from the array of the respondents inasmuch as the learned counsel cannot be a respondent in the writ petition.

3. The petitioner Pranati Hazong @ Pronoti Bala Hajong had been referred to the Foreigners’ Tribunal No. 2, Dhemaji for an opinion as to whether she is a person who entered the State of Assam from the specified territory subsequent to 25.03.1971, resulting in registration of FT Case No. 275/2017. Before the Tribunal the petitioner had exhibited the relief eligibility certificate issued by the Ministry of Rehabilitation, Government of India dated 19.06.1965. The said relief certificate had been issued in the name of Surjyo Mohan Hajong by providing him to be head of the family.

4. The particulars of the members of the family who had migrated along with the head of the family are as extracted:

“7. Particulars of the members of the family migrated (including the head of the family)

Name Relationship with head of family Age/Sex Education Previous occupation

1 2 3 4 5

1. Surjo Mohal Hajong H/F 30/M IV Cultivation

2. Smt. Koushala Hajong wife 21/F III “

3. Prodip Kr. Hajong 6/M “

4. Shrimati Pronoti Bala Hajong 3/F “

5. A reading of the relief eligibility certificate itself goes to show that the petitioner Pronoti Bala Hajong is the daughter of Surjyo Mohan Hajong in whose favour the relief certificate had been issued as the head of the family.

6. We have also take note of as to under what circumstance the petitioner was referred to the Foreigners’ Tribunal for an opinion as to whether she is a person who entered the State of Assam subsequent to 25.03.1971.

7. The records reveal that the reference was as per the ‘format for making reference to competent authority in case of suo moto local verification’ issued under the signature of the Electoral Registration Officer, 114 Jonai (ST), LAC. The reference by the Electoral Registration Officer shows that the Election Commission of India had ordered intensive revision of electoral rolls for the 114 (ST) Jonai Assembly Constituency in Assam and that house to house enumeration was done from 2nd August, 2004 to 3rd September, 2004. Paragraph 5 of the format under the signature of Electoral Registration Officer provides that the Electoral Registration Officer of the Assembly Constituency had doubts about the citizenship of the petitioner and got the matter verified by an ‘on the spot local verification’. The ‘format for verification of the officer’s report’ which apparently is the local verification report indicated in the reference by the Electoral Registration Officer is also available.

8. A reading of the signed ‘format for verification of officer’s report’ under the signature of the local verification officer dated 16.02.2005, although the name and designation of the verification officer is not clearly readable, makes it discernable that the format was filled upto the Clause 7 which shows the name of the petitioner, her address, her husband’s name, date of birth and the place of birth. The date of birth is shown to be 16.12.1969 and the place of birth to be Nalbari. If the information had already been collected that the petitioner was born on 16.12.1969 and her place of birth is Nalbari, we see no reason as to how the petitioner can be suspected to be person who may have entered the State of Assam from the specified territory subsequent to 25.03.1971. But what is more intriguing is that