1. Heard Mr. R.Gurung, learned counsel for and on behalf of the petitioner as well as Mr. A.Kumar, learned Advocate General assisted by Ms. R.Colney, learned GA for and on behalf of the respondents No. 1 to 3 and Ms. A.Paul, learned Assistant Solicitor General, Govt. of India for and on behalf of the respondents No. 4 &5.

2. The issue here is refusal of granting Domicile Certificate to the petitioner. I feel the difficulties faced by the residents to get the Domicile Certificate and the Permanent Residence Certificate have become a great issue today which will have to be examined since the inception of India (Bharat Barsh). Therefore, I am of the view and that I will fail in my duty if I do not project the original India and its partition.

3. As we all know that India was one of the largest country in the world and there was no concept of Pakistan, Bangladesh and Afghanistan. They were in one country and was commanded by Hindu Kingdom but thereafter the Mughal came to India and captured the different parts of India and started ruling the country and at that point of time many conversion took place by force.

Thereafter, the English people entered India in the name of East India Company and started ruling over India and were torturing the Indians so ultimately the independence movement started and India got its independence in the year 1947 and India was divided into two countries; one was Pakistan and the other was India.

It is an undisputed fact that at the time of partition, lakhs and lakhs of Sikhs and Hindus were killed, tortured and raped and forced them to leave their forefather’s property and compelled them to enter India to save their lives and dignity.

4. Pakistan declared themselves as an Islamic country and India since was divided on the basis of religion should have also been declared as a Hindu country but it remained as a secular country.

Even today, in Pakistan, Bangladesh and Afghanistan, the Hindus, Sikhs, Jains, Buddhists, Christians, Parsis, Khasis, Jaintias and Garos are tortured and they have no place to go and those Hindus who entered India during partition are still considered as foreigners, which in my understanding is highly illogical, illegal and against the principle of natural justice. I have read the book written by Tathagata Roy, the present Governor of Meghalaya called “My People Uprooted: The Exodus of Hindus from East Pakistan and Bangladesh”. I have also read the book written by Dr. Dilip Lahiri, a Professor of St. Edmunds College, now retired which is titled “Nirbashita Sribhumi Part II and Sundori Sribhumi Srihotto Part I” and other related materials. After reading those books, it really pains and hurts me and therefore I feel that I will fail in my duty if it is not brought to the notice of the common people and Government of India. The gist of the books referred above are reproduced herein below:

“Eternal Vigilance is the price of liberty. Culturally, racially, and linguistically, every non Assamese is a Foreigner in Assam. In this connection we must bear in mind that Assam from the very ancient times never formed a part of India. (Lahiri, Sundori Tumi Srihotto, Part I pg 373).

The tragedy on a monumental scale. The tragedy of the Hindu Bengalis of Sylhet district of Assam-the district which was subjected to an unnatural referendum according to which most of the district opted for Pakistan, except for three thanas of Ratabari, Patharkandi, Badarpur and part of Karimganj. Persecution forced this section of the people to flee from East Pakistan and the fact that their plight has remained unaddressed seventy two years since partition is the most unjust part.”…the atrocities against Hindus in erstwhile East Pakistan began with overt or covert state sponsorship, and gradually took on the form of another holocaust.”(Roy, My People Uprooted pg, 40). Atrocities have taken covert form even after the Independence of Bangladesh in 1971 and post Babri Masjid demolition in 1992 unspeakable horrors wer