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2023 DIGILAW 206 (GAU)

Jugal Das @ Jugal Rani Das @ Jugal Sarkar D/O- Late Jogendra Sarkar v. Union Of India, Rep. By The Secretary To The Min Of Home Affairs, Govt Of India, Shastri Bhawan, Tilok Marg, New Delhi

2023-02-17

ACHINTYA MALLA BUJOR BARUA, ROBIN PHUKAN

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JUDGMENT : Heard Mr. A.R. Sikdar, learned counsel or the petitioner; Ms. L. Devi, learned Standing Counsel for the respondent nos. 1 and 6; Mr. G. Sarma, learned Standing Counsel for the respondent nos. 2 and 4; Mr. A. Ali, learned Standing Counsel for the respondent no. 5; and Ms. U. Das, learned counsel or the respondent no. 3. 2. The petitioner, Jugal Das @ Jugal Rani Das @ Jugal Sarkar had been referred to the Foreigners Tribunal No. 5, Kamrup Rural at Rangia for an opinion as to whether she is person who entered the state of Assam from the specified territory after 25.03.1971 resulting in registration of RFT Case no. 536B/2016. 3. Before the tribunal the petitioner exhibited a Relief Eligibility Certificate issued by the Ministry of Rehabilitation Government of India bearing serial no. 454 dated 15.09.1965. The Relief Eligibility Certificate was issued in the name of Jogendra Sarkar being the head of the family along with his family members wherein the name of his then two and half years old daughter, Jugal Dasi Sarkar is at serial no. 5. 4. No stand is taken by the respondent authorities that Jugal Dasi Sarkar of the Relief Eligibility Certificate dated 15.09.1965 and the present writ petitioner are not one and the same person. If the petitioner existed as per her name in the Relief Eligibility Certificate dated 15.09.1965 it cannot be understood that she is a person who entered the State of Assam subsequent to 25.03.1971. Accordingly, it is declared that the petitioner, Jugal Das @ Jugal Rani Das @ Jugal Sarkar is a citizen of India and accordingly, all such rights and privileges that a citizen of India is entitled to be also provided to the petitioner. 5. The writ petition is allowed as indicated above. 6. The opinion dated 21.01.2019 of the Foreigners Tribunal is set aside. 7. Send back the LCR.