IMPORTANT POINT
The court emphasized the importance of natural justice in citizenship determinations, allowing the petitioner another opportunity to prove Indian citizenship due to procedural irregularities and health issues.

JUDGMENT

This application under Section 226 of the Constitution of India read with Article 227 has been filed challenging the order dated 26.09.2016 passed by the learned Foreigners’ TribunalBongaigaon No. 2, Abhayapuri in connection with Case No. BNGN/F.T.Case No. 3189/2007 arising out of F.T. Reference Case No. :  FT 362/2007.

2. Md. Jafar Ali @ Zafar Ali will hereinafter be referred to as the petitioner.The Union of India, the Election Commission of India, the State of Assam, represented by the Commissioner & Secretary to the Government of Assam, Home Department, the District Commissioner-Bongaigaon, the Superintendent of Police (B)-Bongaigaon[SP(B)in short], the Co-ordinator, National Register of Citizens, Bhangaghar, Guwahati, are arrayed as respondent Nos. 1, 2, 3, 4, 5 and 6 respectively.

3. It is submitted that despite the fact that the petitioner’s father and uncle being citizens of India, the petitioner was declared a foreigner, who entered into India from Bangladesh illegally after 25.03.1971. His father and uncle had contested a proceeding initiated by the IM(D)T, Goalpara and an order dated 12.03.2001 was passed and the petitioner’s father and uncle were held to be Indian citizens. The petitioner is an Indian citizen by birth. It is submitted that a reference was forwarded by the SP(B), Bongaigaon, doubting the nationality of the petitioner. It is submitted that it has been alleged through the enquiry report that the address in the country of origin of the petitioner is shown as :

Village - Dampara,

Police Station – Kishanganj,

District - Mymensing of Bangladesh.

4. It was concluded by the Inquiry Officer that ‘during investigation, it appears in a prima facie manner that the suspect Md. Jafar Ali, S/O Lt. Rajab Ali is an illegal foreigner who has entered India after 25.03.1971.’ It is contended that the petitioner was never approached by any Inquiry Officer or any other authority to enquire about his citizenship. His father who is still alive has been mistakenly reported as deceased in the inquiry report and his father’s name is written as Late Rajob Ali. After initiation of the reference by the SP(B), Bongaigaon to the Foreigners Tribunal, Bongaigaon, the same was registered by the Foreigner’s TribunalBongaigaon No. 2, Abhyapurias BNGN/FT Case No. 3189/2007. It is contended that the grounds were not mentioned when notice was issued as mandated by paragraph 3(1) of the Foreigners (Tribunals) Order, 1964 (Order of 1964 for short), rendering the notice to be a vague document.

5. The notice reflects that “as the Superintendent of Police of Bongaigaon/Chirang District as per Foreigners Tribunal Order (1964) has suspectedyou/your family to be foreigner of entering Assam from East Pakistan/Bangladesh...”

6. It is contended that the option Bangladesh was also not highlighted to the detriment of the petitioner because migration from East Pakistan is prima facie protected by Section 6-A of the Citizenship Act, 1955 (the Act of 1955 for short). Nonetheless the petitioner appeared before the Tribunal on 19.08.2013 and filed a written statement along with relevant documents (Annexure-3).

7. The petitioner was unable to appear before the Tribunal on subsequent dates as he was suffering from serious skin disease. However, the petitioner finally appeared before the Tribunal on 09.06.2015, but as his skin disease aggravated from 07.09.2015 up-to 05.01.2016, the petitioner was unable to appear before the Tribunal.Finally, the petitioner appeared before the Tribunal on 22.01.2016 but the learned Member of the Tribunal was on leave. Then the petitioner’s engaged counsel advised him not to attend the Court and assured that the petitioner would be represented as the petitioner was still suffering from skin disease. The petitioner was assured by his engaged counsel that as his father is declared to be an Indian citizen, the petitioner would also be declared an Indian citizen