IMPORTANT POINT
The judgment reinforces the necessity of adequate evidence in citizenship claims and the implications of procedural lapses in legal proceedings.

JUDGMENT :

SUSMITA PHUKAN KHAUND, J.

1. Heard Mr. H.N. Sarma, learned counsel for the petitioner. Also heard Mr. G. Sarma, learned Standing Counsel, Home Department, Assam for the respondent Nos. 2 & 4, Mr. P. Sarma, learned Additional Senior Government Advocate, Assam for the respondent No. 3 as well as Mr. A.I. Ali, learned Standing Counsel, Election Commission of India for the respondent No. 5.

2. The petitioner Sri Nirakul Sarkar has filed this application under Article 226 of the Constitution of India, praying for issuance of a writ in the nature of mandamus, or certiorari or any other appropriate writ and set aside the impugned order/opinion dated 30.04.2011 passed by the learned Member, Foreigners Tribunal (1st) at Morigaon, Assam in F.T. (D) Case No. 229/2006. The Union of India, Commissioner & Secretary to the Government of Assam - Home Department, Deputy Commissioner - Morigaon, the Superintendent of Police (SP for short) - Morigaon, Commissioner - Assam State Election Commission, the State Coordinator of NRC and the Foreigners Tribunal (1st), Morigaon are arrayed as respondent Nos. 1, 2, 3, 4, 5, 6 and 7 respectively.

3. It is submitted that the petitioner is a layman and a poor fisherman, who did not have the privilege of education. He was born in the year 1970 but he is unable to produce any school certificate or birth certificate due to his financial condition. However, the concerned Gaonburah of No. 1 Jhargaon village has issued a certificate that the petitioner is a permanent resident of the aforesaid locality. He was born in village - Dhipuji Jan Pam under the present Morigaon district, Mouza - Mayong and after his marriage, the petitioner temporarily shifted to Karchowabori (Santali) P.O. Jhargaon and has been residing in the said village. His name was enlisted in the Voters List of 1997 and was shown as D-Voter.

4. On 05.12.2006, notice was issued to the petitioner by the Member, Foreigners Tribunal No. 1, Morigaon (hereinafter referred to as the Tribunal) in connection with F.T. (D) Case No. 229/2006, PRO No. 18/2006, directing him to appear before the Tribunal on 16.01.2007 with valid documents and supporting evidence to prove that he is a citizen of India. The petitioner, after receiving the notice engaged an advocate for filing written reply/written statement (WS in short). The learned counsel filed WS on 02.09.2008.

5. It is submitted that after submitting his WS and evidence, the petitioner was expecting that a favourable order would be passed, but unfortunately in the meanwhile, the engaged counsel for the petitioner became ill and after suffering for a prolonged period from cancer, the petitioner’s advocate died in the year 2016. The petitioner was unable to contact his engaged counsel or find out the residence of his counsel. As the petitioner was unable to find the residence of his lawyer, in the month of July, 2019, the petitioner visited the Foreigners Tribunal (1st), Morigaon for the first time, to find out about the status of his case, and he was informed that he has already been declared a foreigner as per the judgment and order dated 30.04.2011 passed by the Tribunal.

6. After providing reasons of his failure to appear before the Tribunal, the petitioner has drawn the attention to the merits of his case through this petition stating that his father Paresh Sarkar’s name appeared in the Voters List of 1966 of 83 No. Bokany Assembly (SC) Constituency against Part No. 63 and Centre No. 42 of village Lecharibori, at S. No. 272, House No. 58, Police Station - Morigaon. It is further stated by the petitioner that his father Paresh Sarkar was a voter and his name appeared in the Voters List of 1970, 83 No. Bokany (SC) Assembly Constituency against Part No. 63, Centre No. 36 of village - Lecharibori at S. No. 272, House No. 58, Police Station - Morigaon under the Nagaon district.

7. It is averred that the petitioner is a citizen of India by birth and he has born in the year 1970. He has submitted NRC applicat