Remanded

Jadab Biswas @ Jadab Chandra Biswas v. the Union of India and 5 Ors.

Gauhati HC6 Feb 2023WP(C)/1017/2018

Case brief

AI extract

What is this about?

This order quashes/opines that the Foreigners Tribunal remanded a petitioner to allow adduction of school records and land deed evidence to verify citizenship status before passing a final opinion in the NRC matter.

What did the court decide?

Remand of the matter to the Foreigners Tribunal to allow petitioner to adduce evidence from school authorities and call for land records.

Jadab Biswas @ Jadab Chandra Biswas Vs… — Constitutional and Fundamental Rights | Gauhati HC (2023)

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GAHC010033962018

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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)/1017/2018

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JADAB BISWAS @ JADAB CHANDRA BISWAS S/O. LT. KIRTAN BISWAS @ KIRTAN CHANDRA BISWAS, R/O. TOWN BARPETA ROAD, WARD NO. 8, P.S. BARPETA ROAD, DIST. BARPETA, ASSAM, PIN-781315

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VERSUS

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THE UNION OF INDIA AND 5 ORS.

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REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME DEPTT., NEW DELHI.

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2:THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GUWAHATI-6.

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3:SUPERINTENDENT OF POLICE (B) BARPETA P.O. AND P.S. BARPETA DIST. BARPETA ASSAM PIN-781315

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4:THE DEPUTY COMMISSIONER BARPETA DIST. BARPETA ASSAM PIN-781315

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5:ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSIONER

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NEW DELHI-1.

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6:STATE COORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM ACHYUT PLAZA BHARALUPAR BHANGAGARH GUWAHATI-78100

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Advocate for the Petitioner : MR. S ALIM

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

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN

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Date : 06-02-2023

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JUDGMENT & ORDER (ORAL)

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(AM Bujor Barua, J)

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Heard Mr. S Alim, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC appearing on behalf of the respondents in the Union of India as well as for the authorities under the NRC, Ms. K Phukan, learned Government Advocate for the Deputy Commissioner, Barpeta, Mr. AI Ali learned counsel for the Election Commission of India, Ms. A Verma, learned Special Counsel Foreigners Tribunal for the authorities under the Home Department, Government of Assam as well as the Superintendent of Police (B) Barpeta.

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The petitioner Jadab Biswas was referred to the Foreigners Tribunal 2^nd Barpeta for an opinion as to whether he is a person who had entered the State of Assam subsequent to 25.03.1971 resulting in registration of FT (2^nd Tribunal) Case No.160/16 in the Foreigners Tribunal, 2^nd Barpeta.

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The petitioner is aggrieved by the order dated 17.01.2018 passed by the Foreigners Tribunal 2^nd Barpeta in FT (2^nd Tribunal) Case No.160/16 whereby the Tribunal had opined that the petitioner could not establish that he is a bona fide citizen of India and that he had not entered India after the cutoff date i.e. 25.03.1971.

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Before the Tribunal, the petitioner exhibited the voters list of 1989 of village Barpeta Road Ward No.8 which contains the name of Kirtan Biswash at Sl.No.366 son of Bharob and at Sl.367 contains the name of Parbati Biswash wife of Kirtan. The petitioner claims that he is the son of Kirtan Biswash whose name appears in the voters list of 1989 of village Barpeta Road Ward No.8.

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The petitioner also refers to a school certificate of 712 No.Athiabari Rajatram Nimna Buniyadi Bidyalaya, Barpeta Road, District Barpeta, which shows that Jadab Chandra Biswas is the son of Kirtan Chandra Biswas of village Barpeta Road. As per law, a school certificate is required to be supported by the evidence of the school authorities by exhibiting the original records of the school which may contain the information therein.

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The petitioner also refers to a sale deed of a land of the year 1967 where the purchaser is shown to be Kirtan Chandra Biswas son of Bhairab Chandra Biswas of village Dakhin Barpeta Road. Accordingly the petitioner contends that as Kirtan Chandra Biswas has purchased the land in the year 1967, therefore, he is not a person who had entered the State of Assam subsequent to 25.03.1971. Further the school certificate indicating that he is the son of Kirtan Chandra Biswas of village Barpeta Road establishes that he is also not a person who had entered the State of Assam subsequent to 25.03.1971. But, however, as the school certificate is not supported by the evidence of the school authorities, the matter stands remanded back to allow the petitioner to adduce evidence of the school authorities of 712 No.Athiabari Rajatram Nimna Buniyadi Bidyalaya, Barpeta Road, District Barpeta to authenticate the information contained therein. The petitioner may also rely upon the sale deed of the year 1967 and may call for the records related to the said sale deed to establish that he is the son of Kirtan Chandra Biswas of village Barpeta Road and that Kirtan Chandra Biswas is not a person who had entered the State of Assam subsequent to 25.03.1971.

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The petitioner to appear before the Foreigners Tribunal 2^nd Barpeta on 13.03.2023. Any order that the Tribunal may pass upon hearing the petitioner shall prevail over the earlier order dated 17.01.2018 passed in FT (2^nd Tribunal) Case No.160/16.

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Writ petition stands disposed of in the above terms.

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JUDGE JUDGE

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Comparing Assistant

Jadab Biswas @ Jadab Chandra Biswas v. the Union of India and 5 Ors.

Case brief

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Jadab Biswas @ Jadab Chandra Biswas v. the Union of India and 5 Ors.

Case brief

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What the court decided

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