ANANDA KUNDU Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal witnesses a challenge to the judgment and order dated 23.9.2009 passed in WP(C) No. 4171/2008. Thereby, the appellant/ writ petitioners assailment of the judgment and order dated 8.5.2007 of the learned Foreigners Tribunal, Diphu, Karbi Anglong in F.T. Case No. 60/06 (corresponding to IMDT Case No. 88/2005) as well as the order dated 16.6.2007 of the Superintendent of Police (B), Karbi Anglong, Diphu, Assam requiring him to quit the territorial limits of India, he having been adjudged to a foreigner under the Foreigners Act, 1946 (for short, hereinafter referred to as ,,the Act), had been negated.

(2.) WHILE admitting this appeal on 4.11.2009, this Court had stayed the operation of the judgment and order impugned herein. The records reveal that the appellant is presently lodged in Jail.

(3.) THE appellant has asserted that his father had been registered as a citizen of India under the provisions of the Citizenship Act, 1955 by the then Election Officer, Nagaon and that he (appellant) was born to him thereafter in India. He has claimed that he has been residing with his family consisting of his wife, aged mother and a host of dependents at Dakhin Bidyanagar, Hojai, Nagaon. He has averred that in order to sustain himself and his family he has been doing some business and for that purpose he has been temporarily residing at Satgaon Bazar Basti under Baithalangso P.S., District- Karbi Anglong, Assam. While denying that he is a foreigner and had allegedly migrated from Bangladesh to Assam after 25.3.1971 as declared by the Foreigners Tribunal, Diphu (for short, hereinafter referred to as ,,the Tribunal) in the above case, the appellant has maintained that he is a citizen of India by birth, he having been born to his father Late Upendra Kundu who had registered himself under the Citizenship Act, 1955 for which he had been granted a certificate dated 7.11.59 to the said effect by the competent authority. He also claimed that being a citizen of India, his name is included in the relevant electoral rolls disclosing inter alia the name of his father to be Upendra Kundu. Reference has also been made by him to the trade licence issued to him by the Karbi Anglong Autonomous Council for conducting his business at Satgaon Bazar Basti under Baithalangso P.S. as well as to a certificate issued by the President of the concerned Gaon Panchayat testifying his citizenship of the country.