KRISHNA SARKAR S/O. LT. SRIBASH SARKAR v. UNION OF INDIA
2019-01-24
ACHINTYA MALLA BUJOR BARUA, AJIT BORTHAKUR
body2019
DigiLaw.ai
JUDGMENT : A.M. Bujor Barua, J. 1. Heard Ms. D Ghosh, learned counsel for the petitioner. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and 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. The petitioner was referred by the Superintendent of Police (Border) of city Guwahati resulting in FT Case No. 1591 of 2015 being registered in the Foreigners’ Tribunal No.2, Guahati. 3. Upon receiving notice, the petitioner appeared and filed his written statement. In the written statement, a stand was taken that a Refugee Certificate was issued in favour of the father of the petitioner, namely Sribash Chandra Sarkar wherein it was stated that father had migrated to India on 08.05.1952. Petitioner also stated that the Das Para Gram Panchayat in the State of West Bengal had issued a certificate certifying that father of the petitioner, Sribash Chandra Sarkar lived in Jiaguri since 1966. In course of the proceeding, the petitioner also filed a petition before the Tribunal seeking leave to submit few other documents in his support and by the order dated 08.08.2018, the prayer so made was allowed. In the order of 08.08.2018, it was recorded that the petitioner had submitted photocopies of two documents, one being a land allotment deed of the Government of West Bengal in favour of Sribash Chandra Sarkar and the other being the draft NRC list published on 13.07.2018. It is the claim of the petitioner that the land allotment deed issued by the Government of West Bengal would clinch the issue in favour of the petitioner that his father came and lived as a refugee in the State of West Bengal. 4. In the aforesaid circumstances, when we look into the order of the Tribunal dated 29.10.2018, we notice that the Tribunal arrived at a conclusion that the petitioner had exhibited certain documents as Annexures, which were photocopies and as photocopies of a document are inadmissible in evidence, therefore, the same stood rejected. The learned counsel for the petitioner produces the original copies of some sets of documents which bears the endorsement of the Tribunal that it was exhibited.
The learned counsel for the petitioner produces the original copies of some sets of documents which bears the endorsement of the Tribunal that it was exhibited. The purported original documents on being handed over to the learned counsel appearing for the State of Assam for the Foreigners’ Tribunal and Border Affairs for its examination had expressed the view that the documents had in fact been submitted and exhibited before the Tribunal. 5. Ms. D. Ghosh, learned counsel appearing for the petitioner contends that amongst such documents which were submitted and exhibited before the Tribunal also includes the land document which was allowed to be submitted as per the order dated 08.08.2018. 6. In view of above, we are of the view that the conclusion of the Tribunal that the petitioner had exhibited certain documents as Annexures which are photocopies and therefore inadmissible is an incorrect conclusion. Accordingly, we set aside the order dated 29.10.2018 and remand the matter back to the Tribunal for a fresh consideration, but within the limits that the re-consideration be made from amongst the materials and documents already exhibited, including the land document which was allowed by the order dated 08.08.2018. As the said documents appear to have already been exhibited in its original, the petitioner would be allowed to re-file the same for a consideration by the Tribunal. We also express our view that the conclusion of the Tribunal that the document ‘A’ being the Refugee Certificate issued by a Private Organisation, namely, Jiaguri Joyura Adbatsu development Committee, Das Para signed by its Secretary and one Hamidul Rahman, MLA is neither being interfered nor being declared to be incorrect. 7. The petitioner shall appear before the Foreigners Tribunal No.2, Guahati on 11.02.2019 along with the written statement and thereupon the Tribunal shall decide the reference within a period of 30 days there from. 8. Send back the LCR forth with. 9. It is provided that the event if the petitioner does not appear or does not co-operate with the Tribunal in arriving at its adjudication, the Tribunal would be at liberty to pass any appropriate order (s) as may be permissible under the law. 10. Writ petition stands disposed of to the extent indicated here in above.