The Supreme Court's decision in paragraph 218(d) of In Re: Section 6A of the Citizenship Act, 1955, is binding, stating that foreigners detected between 01.01.1966 and 24.03.1971 must register within the time limit to be eligible for citizenship.

JUDGMENT :

KALYAN RAI SURANA, J.

1. Heard Mr. A.S. Tapadar, learned counsel for the petitioner. Also heard Mr. J. Payeng, learned standing counsel for FT matters, appearing for respondent nos. 2, 3 and 7, Ms. P. Barua, learned standing counsel for respondent no. 4, and Mr. G. Sarma, learned standing counsel for respondent no. 5.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for a direction to extend the time limit for registering with FRRO, Barpeta vide opinion dated 29.06.2020, passed by the learned Member, Foreigners Tribunal No. 11th, Barpeta in (Bpt/11th) F.T. 1437/2017 [P.E. No. IM(D)T Case No. 2535/97, dated 19.12.97].

3. It may be mentioned that the reference made against the petitioner was answered by holding that the petitioner has entered into Assam after 01.01.1966 but before 25.03.1971 and that the petitioner has failed to prove that she and her father had come to Assam before 01.01.1966. Nonetheless, it was provided in the opinion that the petitioner may register herself with the concerned FRRO in accordance with the provisions prescribed under section 6A (3) of the Citizenship Act, 1955 within 30 (thirty) days from the date of the order.

4. In the ‘motion’ stage, the parties were heard on maintainability of the writ petition. The preliminary question of law which arises for determination in this case is as follows:

Whether the petitioner, who is detected and held as foreigner who has migrated into India (Assam) between 01.01.1966 and 24.03.1971 (both inclusive), but has not registered herself with the Foreigners Regional Registration Officer, Barpeta (i.e. FRRO, Barpeta for short) within the prescribed time limit as per the Citizenship Rules, 2009, will be eligible for the benefit of citizenship?

5. It may be stated that in this regard, the Constitution Bench decision of the Supreme Court of India, in the case of In Re: Section 6A of the Citizenship Act, 1955, (2024) 0 Supreme (SC) 942 : 2024 INSC 789, has held, inter alia, in paragraph 218(d) to the effect that the immigrants who migrated between 01.01.1966 and 24.03.1971 (both inclusive) and who have been detected as foreigners but have not registered themselves with the registering authority within the prescribed time limit as per the Citizenship Rules, 2009 will no longer be eligible for the benefit of citizenship. The said sub-paragraph 218(d) is quoted below:

(d) Immigrants who migrated between 01.01.1966 and 24.03.1971 (both inclusive) and who have been detected as foreigners but have not registered themselves with the registering authority within the prescribed time limit as per the Citizenship Rules, 2009 will no longer be eligible for the benefit of citizenship.

6. The learned counsel for the petitioner has submitted that the observation that has been made in paragraph 218(d) of the aforesaid judgment is the minority view of the Hon’ble Single Judge, whereas the majority verdict does not subscribe to the minority view. In support of his submissions, the learned counsel for the petitioner has placed reliance on the following cases, viz. (i) Secundrabad Club v. CIT, 2023 Live Law (SC) 660 : 2023 INSC 736, (ii) Satish Mondal v. The Union of India & Ors. W.P. (C) 4650/2018, decided on 23.09.2024, (iii) Sakat Ali @ Chakkat Ali v. The Union of India & Ors. W.P. (C) 1495/2023, decided on 17.03.2023, (iv) Shukorun Nessa @ Sukur Nahar & Ors. v. The Union of India & Ors. W.P. (C) 4802/2022, decided on 05.12.2022, (v) Nazir Uddin & Anr. v. The Union of India & Ors. W.P. (C) 6326/2018, decided on 04.02.2020, (vi) Surman Ali & Ors. v. The Union of India & Ors. W.P. (C) 6644/2019, decided on 17.12.2019, (vii) Laba Das & Anr. v. The Union of India & Ors. W.P. (C) 4647/2018, decided on 23.07.2018, and (viii) Prithvi Cotton Mills v. Broach Borough Municipality, AIR 1968 Guj 124.

7. It would be relevant to quote Rule 19 of the Citizenship Rules, 2009, which reads as under:

19. Registering authority for the purpose of sub-s