SWAPAN KUMAR DEY Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this application under Article 226 of the Constitution of India, the petitioner has challenged the final order dated 03.01.2012 passed by the learned Foreigner's Tribunal, Goalpara, in F.T. Case No. 466/G/2006 (Ref. F.T. Case No. 166 of 2006) thereby holding the petitioner a foreigner of post 1971 stream.

(2.) THE fact involved in this case is required to be stated in brief. The petitioner on earlier many occasion was called for to produce relevant documents to prove her citizenship, though she appeared herself before the learned Foreigner's Tribunal, Goalpara, but she could not present any document to prove her citizenship, except the photocopies of leaving Certificate of Class IX in year 1998 and procured in2001, Gaon Panchayat Certifica, Birth Certificate obtained in 1991, which are not sufficient to prove her citizenship. She appeared before the learned Tribunal pursuant to the notice issued to her by the Foreigners Tribunal, Goalpara, and on 24.08.2009 filed her written statement claiming to be a citizen of India by birth. It appears from the final order referred to above that the petitioner went on taking time verbally for producing original documents and witnesses in support of her claim of citizenship and ultimately she did not produce the same. She, however, produced the photocopies of birth certificate, issued her on 11.06.1991, from Marnai Primary Health Centre of Matia Division, Department of Public Health, Assam, of registration as a citizen of India under the Provisions of the Citizenship Act, 1955, issued to his grandfather, Rasik Ch. Dey, on 29.11.1956, a letter dated 01.06.1955 issued to his father Lt. Jogesh Ch. Dey from Assistant Relief and Rehabilitation Officer, Jorhat and also transfer certificate of Shapekathi Provincialised Higher Secondary School, Sivasagar, issued on 14.08.2009. Since the said documents were not produced in original, the learned Foreigner's Tribunal did not consider the same and consequently held that the petitioner failed to discharge the burden cast on him under Section 9 of the Foreigners Act, 1964. The learned Tribunal decided the reference in affirmative declaring the petitioner a foreigner of the stream of post 1971. The said order is under challenge before this Court. On the basis of order dated 18.12.2009 passed by this Court, the petitioner surrendered before the Superintendent of police and thereupon he sent him to the Detention Camp of Dhubri and the petitioner has been in the detention camp for last 4 years.

(3.) MR . G. N. Sahewalla, learned Senior Counsel, has produced the originals of the aforesaid certificates of registration, letter dated 01.06.1995 and the transfer certificate dated 14.08.2009. The learned Senior counsel has drawn my attention to the voter list of 120 Naharkatia of the voter list of the year 2008. In Serial No. 1388 of the said voter list, the name of the petitioner is shown with his father's name as Lt. Jogesh Ch. Dey.