A person's citizenship claim cannot be declared invalid solely based on discrepancies in documentation; proper investigative procedures must be followed in assessing evidence regarding specified territory.

JUDGMENT :

(M. Nandi, J.)

Heard Mr. P.C. Dey, learned counsel for the petitioner. Also heard Mr. D.J. Das, learned CGC; Mr. J. Payeng, learned Standing Counsel, FT matters; Mr. H. Kuli, learned counsel for Mr. A.I. Ali, learned Standing Counsel, ECI; and Mr. P. Sarmah, learned Additional Senior Government Advocate.

2. By filling an application under Article 226 of the Constitution of India, the petitioner has assailed the order dated 16.05.2013, passed by the learned Member, Foreigners Tribunal No.1, Morigaon in F.T (D) Case No.1544 [Police Reference Case D/N Case No. 3612/97], whereby the petitioner was declared to be a foreigner of post 25.03.1971.

3. The case of the petitioner is that he is the son of late Darpa Narayan Karmakar and late Chinta Rani Karmakar. His grandfather is late Sarga Mohan Karmakar and they are the permanent resident of Gopalpur, P.O – Madargachi, P.S - Karandighi under district – Uttar Dinajpur in the State of West Bengal. The name of the petitioner’s parents were recorded in the voter list in the State of West Bengal and as such the Election Commissioner of India issued Elector Photo Identity Cards (EPIC) to them.

4. The further case of the petitioner is that he came to Assam in 1995 and was working temporarily under contractor of Jagiroad Paper Mill and started to reside at Village - Nokhola grant under Jagiroad Police Station in the district of Morigaon, Assam. Though he categorically stated that he is a permanent resident of West Bengal and is a citizen of India before the Foreigners Tribunal, Morigaon, but the Foreigners Tribunal, Morigaon came to a finding that the petitioner failed to prove his linkage with his parents and declared the petitioner to be a foreigner of post 25.03.1971.

5. On receipt of the notice from the Tribunal, the petitioner appeared and submitted his written statement wherein he disclosed that he was born in the village – Gopalpur in district – Uttar Dinajpur in the State of West Bengal, as such, he is an Indian citizen by birth. The competent authority also issued Elector Photo Identity Card (EPIC) in favour of him. The petitioner was reading up to Class V in Madargachi Govt. Aided High School located at West Dinajpur district of West Bengal. The written statement of the petitioner also disclosed that the petitioner has landed property in West Bengal and he is a ration card holder issued by Food & Civil Supply of Govt. of West Bengal.

6. To substantiate his case regarding citizenship, the petitioner also adduced his evidence as DW-1, wherein he also stated that he was born in village- Uttar Dinajpur in the State of West Bengal. He studied at Madargachi High School up to class - V and Ext.Ka is the school certificate. The petitioner also exhibited voter cards of him and his parents vide Ext.Kha, Ext.Ga and Ext.Gha. Ext.Onga is the ration card, Ext.Cha - is the copy of patta of land in the name of petitioner’s father, Ext.Chha - is the certified copy of patta of land in the name of petitioner. Ext.Ja and Ext.Jha are land revenue receipts of 2009 and 2012. Ext.Niya is the panchayat certificate.

7. It is also stated in his evidence that though the petitioner was working in the Paper Mill at Jagiroad under contractor since 1995 for his livelihood but he has been casting vote in his village i.e. Gopalpur. He used to reside in the rented house at Jagiroad.

8. Learned counsel for the petitioner has submitted that the petitioner was born on 01.05.1972 and brought up in the village – Gopalpur in West Dinajpur district of West Bengal.