Research › Search › Judgment

Gauhati High Court · body

2019 DIGILAW 115 (GAU)

RATINDRA DAS v. UNION OF INDIA

2019-01-28

ACHINTYA MALLA BUJOR BARUA, AJIT BORTHAKUR

body2019
JUDGMENT A.M. Bujor Barua, J Heard Ms. D. Ghosh, learned counsel for the petitioner. Also heard Mr. A.I. Ali, learned counsel for the Election Commission of India, Mr. J. Payeng, 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. As per Form-1 reference dated 18.04.2001, late Ukkurmani Das was referred by the Superintendent of Police, Border, Morigaon district resulting in IM(D)T Case No.196/2001. 3. Upon the IM(D)T Act being declared ultra vires, the reference was transferred to the Foreigners Tribunal No.1, Morigaon and was re-numbered as F.T.(C) Case No.625/2006. By the order dated 01.07.2001, amongst others, the present petitioners had also been declared to be foreigners who came to India (Assam) after 25.03.1971. 4. This writ petition has been preferred against the order dated 01.07.2011 on the ground that the reference was made only against late Ukkurmani Das being the predecessor of the present petitioners and no reference was made against the present petitioners. 5. The law in this respect has been settled in the case of Sudhir Roy and Ors., -vs-The Union of India and Ors. By the judgment and order dated 04.01.2019 in WP(C) 6790/2018, it has been held that it may be a good case for a reference against family members declared foreigners, but the same by itself would not be sufficient to declare the family members to be foreigners without any appropriate adjudication against them. 6. We are of the view that the order dated 01.07.2011 passed against the present petitioners is unsustainable and accordingly the order dated 01.07.2011 of Foreigners Tribunal No.1, Morigaon, Assam in F.T.(C) Case No.625/2006 is set aside. 7. The Superintendent of Police Border, Morigaon shall now decide as to whether any reference is required to be made against the petitioners and if so advised, he may do so by following due procedure of law. In other words, the setting aside of the order dated 01.07.2011 shall not bar on the Superintendent of Police to act as per law.