TIKA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R.P. Sarmah, learned Senior counsel assisted by Ms. S.P. Chetry, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC appearing for respondent No.1; Mr. J. Payeng, learned special counsel, FT, appearing for respondent Nos.2, 4 and 5; Mr. A.I. Ali, learned standing counsel, ECI, appearing for respondent No.6; Ms. U. Das, learned Additional Senior Government Advocate, Assam, appearing for respondent No.3 and Ms. L. Devi, learned standing counsel, NRC, appearing for respondent No.7.

(2.) In this petition, the matter pertains to the challenge of the order dtd. 30/1/2019 passed by the learned Member, Foreigners Tribunal (2nd), Sonitpur, Tezpur, Assam, in F.T.(D.C.) Case No.6/2006 by which the petitioner was declared as a foreigner/illegal migrant of post 25/3/1971 stream.

(3.) The case of the petitioner is that the petitioner belongs to Gorkha community and as such she cannot be treated to be a foreigner and has relied on the decision rendered by the Division of this Court on 29/11/2019 in WP (C) No. 8490/2018 [Indira Newar vs. Union of India and Ors.] and other analogous matters and submits that in the aforesaid decision, this Court had held that in respect of members of Gorkha community who originally hail from Nepal and who do not come from the 'specified territory' as defined under the provisions of Sec. 6-A of the Citizenship Act, 1955, the provisions of Foreigners Order, 1964 cannot be made applicable to them. Only those who have come from Bangladesh and living in the State of Assam can be treated as to have come from the 'specified territory' in accordance with Sec. 6-A of the Citizenship Act, 1955. Further, only the cases of members of Gorkha community living in Assam who do not fall in any of the categories mentioned in the notification dtd. 24/09/2018 issued by the Government of India in the Ministry of Home Affairs may be referred to the Foreigners' Tribunal for its opinion as to whether the person is or is not a 'foreigner' within the meaning of the Foreigners Act, 1946.