JUDGMENT

Date : 19-02-2019 (A.M. Bujor Barua, J)

Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. A.I. Ali, learned counsel for the Election Commission of India, Mr. A. Kalita, learned counsel for the State of Assam appearing for the Foreigners’ Tribunal and Border Areas, Ms. A. Verma, learned standing counsel for the authorities under the NRC as well as Ms. G. Sarma, learned counsel for the authorities under the Union of India.

2. On being referred by the Superintendent of Police, (Border) Sonitpur, Case No.F.T. (IMDT) 92/2016 was registered in the Foreigners Tribunal 7th, Tezpur, Balipara. In the proceeding amongst others, the petitioner exhibited the voter list of 1966 of village Lokhopara, Mouza-Missamari, Sub-division-Tezpur (Sadar) containing the name of Bijendra Sarkar Son of Jamini aged 48 years in order to establish that Bijendra Sarkar is the father of the petitioner. The Exhibit-4 voter list of 1966 is a certified copy of the electoral roll of 1966 and it contains the signature of the approving authority with the following:-

“Signature valid Digitally signed by Prabir Kumar Dutta Date: 2016.09.27 16:26:31 IST Reason: e-District Portal Location: Assam”

3. Apart from the endorsement, the certified copy also contains a further note that the certificate is digitally signed and therefore, needs no physical signature and the authenticity of the certificate can be verified from http://www/assam.gov.in/certificate-verification and that the certificate is legally valid under the Information Technology Act, 2000.

4. The aforesaid reference was given a final consideration by the Tribunal by its order dated 02.08.2018 declaring the petitioner to be a foreigner who entered the State of Assam on or after 25.03.1971. In arriving at such conclusion, while discussing the evidenciary value of the Exhibit-4 voter list of 1966, the Tribunal arrived at the following conclusion:-

“…. No digital signature of the issuing authority is seen on the voter lists nor had it signed physically by the issuing authority under (65-B) of the Indian Evidence Act.”

5. By taking such view, Exhibit-4 voter list was rejected by the Tribunal leading to an opinion that the petitioner is a foreigner who came to Assam on or after 25.03.1971.

6. Being aggrieved, the present writ petition is preferred and one of the grounds taken in the writ petition is that the Tribunal in its order dated 02.08.2018 had incorrectly rejected the Exhibit-4 voter list of 1966.

7. The law as regards the admissibility of a document which is a printed form on paper of any information contained in electronic record is provided under Section 65-B of the Evidence Act, 1872. Section 65-B(1) of the Evidence Act, 1872 is as under:-

65B. Admissibility of electronic record-----(1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.”

8. Section 65-B(1) clearly provides that if any information contained in an electronic record is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer shall be deemed to be a document if the other condition mentioned in Section 65(B) are satisfied and the same shall be admissible in any proceeding without further proof or production of the original, as evidence of any of the contents of the original or of any evidence stated therein.

9. Section 65(B)(4) provides as under:-

In any proceedings where it is desired to give a statement in evidence by