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2019 DIGILAW 112 (GAU)

ABDUL JALIL AND ANR. SON OF LATE KUTUB ALI v. UNION OF INDIA

2019-01-28

ACHINTYA MALLA BUJOR BARUA, AJIT BORTHAKUR

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ORDER : A.M. BUJOR BARUA, J. 1. Heard Mr. AI Uddin, learned counsel for the petitioners and Mr. J. Payeng, learned Counsel appearing for the Foreigners’ Tribunal and Border Areas. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and 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. The petitioners were referred by Superintendent of Police (Border) of Nagaon resulting in registration of FR Case No.1181 of 1988 before the Foreigners’ Tribunal, Nagaon. 3. As the petitioners could not adduce evidence before the Tribunal, they were accordingly held by the order dated 13.11.1990 as persons who had entered into India between 01.01.1966 and 25.03.1971. It is stated that since such declaration by the order dated 13.11.1990, the petitioners had not registered before the Regional Foreigners Registration Officer. Although upon being declared to be persons, who came into the territory of India between 01.01.1966 and 25.03.1971, the petitioners are required to register themselves with the Regional Foreigners’ Registration Office of the concerned district but as per Section 6A(3) of the Citizenship Act of 1955, they are also required to bring in evidence that they had continuously been residing in Assam since the date of their entry. In the order dated 13.11.1990, we do not find any such conclusion being arrived at. 4. Accordingly, the petitioners shall appear before the Foreigners’ Tribunal No.1, Nagaon on 18.02.2019 and on their appearance, the Tribunal shall take further evidence as to whether the petitioners are continuously been residing in the State of Assam since the date of their entry. Depending on the conclusion, the Tribunal may arrive at a conclusion and an appropriate reasoned order be passed. If the petitioners are found to be continuously residing in the State of Assam, they be allowed to register themselves before the Regional Foreigners Registration Officer in terms of the Section 6 A(3) of the Citizenship Act, 1955. 5. In terms of the above, writ petition stands allowed to the extent indicated above.