SONA KHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M.U. Mondal, learned counsel for the applicant. Also heard Mr. B. Sarma, learned CGC appearing for respondent No.1; Mr. G. Sarma, learned Special Counsel, F.T. for respondent Nos.3, 4, 6, 7 & 10; Ms. B. Das, learned standing counsel, ECI, appearing for respondent No.2, 8 & 9 and Ms. L. Devi, learned Standing Counsel, NRC, for respondent no.5.

(2.) In this petition the petitioner has challenged the notice issued by the Foreigners Tribunal, Baksa in F.T. Case No.159/BAKSA/2019 on 18.11.2019. The notice issued to the petitioner, being crucial and critical for decision of this Court, is reproduced herein below:

(3.) From above, it is clear that the Foreigners Tribunal, Baksa proceeded against the petitioner on the premise that the proceedee/petitioner is suspected to be an illegal immigrant entering Assam without any valid documents after 24.03.1971. It is now well settled that the proceeding before the Tribunal will be initiated by the Tribunal only when a reference is made. It is also settled by this Court in many decisions that the Tribunal gets the jurisdiction to decide only in respect of the reference and if reference is made for opinion of the Tribunal as to whether a person is a foreigner or not within the meaning of Section 2(a) of the Foreigners Act, 1946 and having entered India during a particular period of time, the reference has to be answered only with reference to the period of time referred to. In this regard one may refer to Section 6A of the Citizenship Act, 1955 where a special provision has been made for the State of Assam. Under Section 6A of the Citizenship Act, 1955 it has been provided that if a person has entered into Assam on or after 01.01.1966 but before 25.03.1971 from a specified territory and since his entry from that date, has been ordinarily resident of Assam, but has been detected as a foreigner, he will get the benefit of getting citizenship of this country on completion of 10 years, provided he gets himself registered with the competent authority. However, said benefit has not been given to those persons who have entered in Assam on or after 25.03.1971. Thus, as provided under Section 6A of the Citizenship Act, 1955, persons who have been declared foreigners can be categorised into 2 categories: (i) who have entered into Assam during the period of 01.01.1966 and before 25.03.1971 and (ii) those, who have entered into Assam on or after 25.03.1971, entailing each category of person with different consequences and liabilities as referred to above. It is in that context the referral authority has to make a specific query and seek opinion from the Tribunal with reference to the period of entry of the concerned proceedee. It is in that context, this Court had intervened when a reference was made as to whether the proceedee had entered into India (Assam) during the period of 01.01.1966 to 24.03.1971, but the Tribunal had given the opinion that the proceedee is an illegal immigrant who entered on or after 25.03.1971. The Tribunal could not have given its opinion that the proceedee had entered into Assam post 25.03.1971 as in the case of Santosh Das Vs. Union of India reported in 2017 (2) GLT 1065) being WP (C) No.7551/2016. This Court referring to the provisions of Foreigners Act, 1946 as well as Foreigners (Tribunal) Orders, 1964 under which the Tribunals are constituted to decide the issue, makes the following observations and directions: