FIRUZ AHMED Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Mr. I Uddin, learned counsel for the petitioner, and Mr. P Roy, learned Additional Senior Government Advocate, appearing on behalf of the respondents. By order, dated 07.11.2002, passed in F.T. Case No. 4844/1988, by the learned Foreigners Tribunal, Nagaon, it has been held that the petitioners had entered into Assam, between 01.01.1966 and 25.03.1971, from East Pakistan and since then, they had been residing at Nagaon, and have been detected to be foreigners.

(2.) Under Sub-section (3) of Section 6A of the Citizenship Act, 1955, a person, who has come to Assam on or after 01.01.1966, but before 25.03.1971, from the specified territory, i.e., territories included in Bangladesh immediately before the commencement of the Citizenship (Amendment) Act, 1985, he shall register himself in accordance with the rules made by the Central Government, in this behalf, under Section 18 with such authority as may be specified in such rules. Sub-section (4) of Section 6A further lays down that a person, registered under Sub-section (3) of Citizenship Act, 1955, shall have, as from the date on which he has been detected to be a foreigner and till the expiry of a period of ten years from that date, the same rights and obligations as a citizen of India, but shall not be entitled to have his name included in any electoral roll for any Assembly or Parliamentary constituency at any time before the expiry of the said period of ten years.

(3.) The petitioner was detected and declared to be foreigner within the meaning of Section 6A(3) by the learned tribunal's order, dated 07.11.2002. Consequently, his name ought to have been registered in terms of the provisions of Section 6A(3). This has, admittedly, not been done.