LAKSHAN CH DAS @ LAKHYAN CH DAS @ LAKHAN DAS v. UNION OF INDIA AND ORS REP BY MINISTRY OF HOME AFFAIRS, GOVT OF INDIA
2019-02-14
ACHINTYA MALLA BUJOR BARUA, AJIT BORTHAKUR
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DigiLaw.ai
JUDGMENT : A.M. BUJOR BARUA, J. 1. Heard Mr. M.A. Sheikh, 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. On being referred by the Senior Superintendent of Police, (Border), City, Guwahati, F.T. Case No.1681/2015 was registered in the Foreigners Tribunal, Kamrup (M), 2nd at Guwahati. Before the Tribunal, the petitioner in his written statement took the stand that the forefather of the petitioner had migrated to Nagaon district from the erstwhile East Pakistan via Karimganj Border in the year 1947 and the then Government had allowed them to reside in the Nagaon district. But the father of the petitioner along with some other families shifted their residence to Village Khoirabari and had purchased a land there. 3. The stand was taken that the name of the father of the petitioner appeared in the voter list of 1965 and 1970 pertaining to village Khoirabari, Mouza-Silpota in the erstwhile Darrang district. The petitioner exhibits the voter list of 1965 and 1970 of village Khoirabari, Mouza-Silpota of the Darrang district, wherein, the name of Aswani Das, son of Mandhob aged 40 years appears at Serial No.192 and that Surbala, wife of Aswani aged 30 years appears at serial No.193. The petitioner claims that Aswani Das of 1965 voter list is his father. 4. In order to substantiate the link with Aswani Das of 1965 voter list of village Khoirabari, the petitioner also enclosed the voter list of 1985 of village Khoirabri mouza Silpota, wherein, the name of Aswani Das son of Ganga appears at serial No.219 and Surbala Sundari wife of Aswani appears at serial No.221 and Lakhan son of Aswani at serial No.220. The voter list of 1997 pertaining to village Khoirabari Mouza-silpota was also exhibited , wherein, the name of Aswani Das son of Gangacharan at Serial No.342, Surbala wife of Aswani at serial No.323 and Lakhan son of Aswani is at serial No.344. 5.
The voter list of 1997 pertaining to village Khoirabari Mouza-silpota was also exhibited , wherein, the name of Aswani Das son of Gangacharan at Serial No.342, Surbala wife of Aswani at serial No.323 and Lakhan son of Aswani is at serial No.344. 5. As the voter list of 1985 and 1997 in respect of village khoirabari shows the name of the petitioner Lakhan along with Aswani and Surbala, it by itself gives an indication that the petitioner Lakhan is the son of Aswani Das and as the name of Aswani Das also appears in the voter list of 1965 and 1970 of village Khoirabai, a link with Aswani Das of 1965 and 1970 voter list is established. 6. Mr. J. Payeng, learned state counsel raises an objection that the voter list of 1985 and 1997 of village Khoirabari as exhibited are not certified copies. 7. We also take note of that in the voter list of 1965 and 1970, the name of the father of Aswani is shows as Mandhob whereas, in the voter list of 1985 and 1997, it is shown as son of Ganga and Gangacharan respectively. But on the other hand, the age of Aswani in 1965 voter list is 40 years and Surbala is 30 years, whereas, in 1997 voters list it is shows as 80 and 70 years respectively, which may in a close proximity with each other. 8. We have perused the order of the Tribunal dated 18.07.2018 in F.T. Case No. 1681/2015, but the aforesaid aspect of the matter that through the voter list of 1985 and 1997, the petitioner can establish a link with Aswani in 1965 and 970 voter list had not been given its due consideration. In view of the above, the order dated 18.07.2018 in F.T. Case No. 1681/2015 is set aside. 9. On being remanded back, the State respondents may raise a question as regards the authenticity and genuinity of the voter list of 1985 and 1997 by requiring the petitioner to produce the certified copy thereto. As regards the variance in the name of the father of Aswani in the voter list of 1965 and 1970 and that of 1985 and 1997, the State respondents would be at liberty to cross examine the petitioner for a detailed verification of the same. 10.
As regards the variance in the name of the father of Aswani in the voter list of 1965 and 1970 and that of 1985 and 1997, the State respondents would be at liberty to cross examine the petitioner for a detailed verification of the same. 10. The petitioner shall appear before the Foreigners Tribunal, Kamrup(M), 2nd Guwahati on 18.03.2019 and on his appearance the Tribunal by doing the needful as indicated above shall give its final opinion within a period of 45 days thereof. As the order of the Tribunal dated 18.07.2018 in F.T. Case No. 1681/2015 is interfered, the petitioner be released from detention camp forthwith. 11. Writ petition is allowed to the extent as indicated above. Send back the LCR.