Dismissed

Smti Sandhya Rani Ghosh and 2 Ors. v. the Union of India and 6 Ors.

Gauhati HC8 Nov 2019WP(C)/5689/2019

Case brief

AI extract

What is this about?

In a writ petition, the Gauhati High Court permitted three petitioners, previously declared foreigners, to register themselves belatedly. The court directed registration within 30 days, warning of potential deportation and disenfranchisement if not complied with.

What did the court decide?

Petitioners directed to register with Foreigners Regional Registration Officer, Nagaon within 30 days; warning of deportation and disenfranchisement if not complied.

Smti Sandhya Rani Ghosh and 2 Ors. Vs the Union of… — Service and Employment | Gauhati HC (2019)

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GAHC010180082019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 5689/2019

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1:SMTI SANDHYA RANI GHOSH AND 2 ORS.

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W/O LATE GURUCHARAN GHOSH, R/O VILL-BORJARANI GAON, P.O.PHULTULI BAZAR, P.S.-LANKA, DIST-HOJAI, ASSAM

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2: GOPESH GHOSH

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S/O LATE GURUCHARAN GHOSH R/O VILL-BORJARANI GAON P.O.-PHULTULI BAZAR P.S.-LANKA DIST-HOJAI ASSAM

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3: BIKASH GHOSH S/O LATE GURUCHARAN GHOSH R/O VILL-BORJARANI GAON P.O.-PHULTULI BAZAR P.S.-LANKA DIST-HOJAI ASSA

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VERSUS

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1:THE UNION OF INDIA AND 6 ORS.

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REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI

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2:THE STATE OF ASSAM

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REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6

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3:THE DEPUTY COMMISSIONER HOJAI SANKARDEV NAGAR HOJAI DIST-HOJAI ASSAM

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4:THE SUPERINTENDENT OF POLICE (B) HOJAI ASSAM 5:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI

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6:THE FOREIGNERS REGIONAL REGISTRATION OFFICE NAGAON BEHIND ADP COLLEGE NAGAON DIST-NAGAON ASSA

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Advocate for the Petitioner : MR B CHANDA

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Advocate for the Respondent : ASSTT.S.G.I.

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:: BEFORE ::

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HON’BLE MR. JUSTICE MANOJIT BHUYAN HON’BLE MR. JUSTICE AJIT BORTHAKUR

O R D E R

08.11.2019

(Manojit Bhuyan, J)

Heard Mr. B. Chanda, learned counsel for the petitioners as well as Ms. G. Hazarika, learned counsel representing respondent no.1. Mr. J. Payeng, learned counsel appears for respondent nos.2, 3, 4 and 6 whereas Ms. B. Das, learned counsel appears for respondent no.5.

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The Foreigners’ Tribunal, Nagaon passed order dated 28.07.1989 in F.T. Case No.765/1988,

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declaring the petitioners to be foreigners, having illegally entered into Assam between 01.01.1966 to 25.03.1971 from the Mymonsing, East Pakistan.

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It is stated that the proceedings in F.T. Case No.765/1988 had been initiated against the proceedees namely, Gurucharan Ghose, Sandhya Rani, Gopesh and Bikash, declaring them to be foreigners but the proceedee Gurucharan Ghose died long time back. We, therefore, confine adjudication of this case only in respect of the petitioners herein i.e. Sandhya Rani Ghosh, Gopesh Ghosh and Bikash Ghosh.

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Mr. Chanda submits that in the aforesaid order dated 28.07.1989 there was no direction for registering the names of the petitioners before the concerned Registering Authority. Moreover, the petitioners were not aware of the order/opinion at the appropriate time. Also , they were not aware of the fact that they were required to register their names and/or the consequences that may follow for not registering the names before the said Authority. Prayer is made that despite opinion having been rendered way back on 28.07.1989, they be granted an opportunity to register their names before the Foreigners Regional Registration Officer, Nagaon for the ends of justice.

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We have heard the learned counsels for the parties and also take note of the attending facts and circumstances. We also take note of an order passed in a writ petition involving the issue on belated approach for registration. Notice is had to the order dated 11.09.2017 passed in WP(C) 2295/2014 (Pronoti Bala Sarkar and others vs. State of Assam and Others). In the said case, this Court after noticing the relevant provisions under the Citizenship Act, 1955, as amended, and that under the Citizenship Rules, 2009, together with the Full Bench decision in State of Assam and Others vs. Moslem Mondal and Others, reported in (2013) 1 GLT 809, held that it would meet the ends of justice to permit the petitioners therein to get themselves registered as foreigners belonging to the 01.01.1966 to 25.03.1971 stream, even at the belated stage.

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Having regard to the facts of this instant case and considering the order passed in Pronoti Bala Sarkar (supra), we make a direction to the petitioners, namely Sandhya Rani Ghosh, Gopesh Ghosh and Bikash Ghosh to approach the Foreigners Regional Registration Officer, Nagaon within a period of 30 (thirty) days from today. Upon such approach being made within the period indicated above, the Foreigners Regional Registration Officer, Nagaon shall take appropriate steps for registration of the names of the petitioners in accordance with law. Legal consequences shall accordingly follow. It is made clear that if the petitioners do not approach the Foreigners Regional Registration Officer, Nagaon within the period above, they shall be liable to be apprehended and deported from India. It is also made clear that until expiry of 10 (ten) years next from the date of registration of their names

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before the aforesaid Registering Authority, the petitioners shall not be allowed to cast vote and/or be entitled to have their names included in any Electoral Roll for any Assembly or Parliamentary constituency.

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With the above observation and direction, the present writ petition stands disposed of.

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A copy of this order be made available to the Standing Counsel, Election Commission of India i.e. respondent no.5.

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JUDGE JUDGE

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Comparing Assistant

Smti Sandhya Rani Ghosh and 2 Ors. v. the Union of India and 6 Ors.

Case brief

What is this about?

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Smti Sandhya Rani Ghosh and 2 Ors. v. the Union of India and 6 Ors.

Case brief

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