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2016 DIGILAW 311 (CAL)

Banglar Manabadhikar Suraksha Mancha v. Union of India

2016-04-01

ARIJIT BANERJEE, MANJULA CHELLUR

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JUDGMENT : 1. Heard learned counsel for the petitioners. 2. According to petitioners, they are residing in Cooch Behar since time immemorial, but they are of Bangladesh origin. They place reliance on a notification dated 12.10.2015 in pursuance of 119th Constitutional Amendment Bill, 2013. According to them, District Magistrate, Cooch Behar is the authority to register their names as enlisting enclave dwellers for the purpose of issuing citizenship by the concerned authority, i.e. Union of India. According to them, their names are registered for issuance of voters’ election card. Therefore, they are before this Court seeking a direction contending that after notification dated 12.10.2015 no further steps are taken with regard to issuance of citizenship to the dwellers. 3. The process of considering a person for issuance of citizenship of a country is a laborious procedure and various steps have to be followed by different authorities before considering the application. We fail to understand how a person could be registered for the purpose of issuance of a voter card before he could become a citizen of this country. 4. There cannot be a routine direction to consider the applications of petitioners who claimed to be the residents of ‘dwellers enclave’ for the purpose of preparation of list by the District Magistrate of Cooch Behar to recommend the names for citizenship. 5. Each application has to be scrutinised with reference to various aspects that would go into for consideration for issuance of citizenship. Each applicant may have different background and even the date of residence in India could depend upon the time since each applicant has to show when he came to this country, how he has come, from where he comes and through whom he has come. Unless these facts are analysed after due enquiry, citizenship cannot be considered. 6. We are of the opinion that this petition cannot be entertained as a public interest litigation. If they claim to have acquired any right by virtue of notification dated 12.10.2015, one has to individually apply. If they seek intervention of this Court, they have to file separate writ petition as an individual and not in a group as public interest litigation. 7. With these observations, the writ petition is disposed of. Writ petition is disposed of.