BANU DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. I. Uddin, learned counsel for the petitioner. Also heard Mr. N. Upadhyay, learned State Counsel and Mr. M. Bhagawati, learned CGC.

(2.) A person who does not register within the time limit fixed or within the time limit that may be extended by the registering authority, is liable to be deported from India as he is admittedly a foreigner and he has not acquired the right of a citizen of India as has been acquired by a person of Indian origin who came to Assam from the specified territory prior to 1.1.1966, by virtue of the deeming provision in sub-section (2) of Section 6A of the 1955 Act. The decision of the Apex Court in National Human Rights Commission on which Mr. Das, learned Sr. counsel has placed reliance, does not support the contention that a person of Indian origin who came to Assam from specified territory between 1.1.1966 to 25.6.1971 would continue to be the citizen of India despite non-filing of application for registration. In the said case, the Apex Court had interfered with the quit notices and ultimatum issued by a Student organization, on the ground that they do not have the authority to issue the same and it tantamount to threat to the life and liberty of each and every person of Chakma tribe. The Apex Court had also directed not to evict or remove the Chakmas from their occupation on the ground that he is not a citizen of India until the competent authority takes a decision on the application filed by them for registration under the provisions of the 1955 Act.

(3.) Mr. I. Uddin, learned counsel for the petitioner prays for a liberty to the registering authority by the petitioner for registering her name upon showing the reasons for non-registering for all these years.