TARAPADA NAMADAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B. Chanda, learned counsel for the petitioner and Ms. L. Devi, learned counsel for the respondents No. 1 and 5, respectively being the Union of India and the authority in the National Registration of Citizenships, Assam. Also heard Ms. A. Verma, learned counsel for the respondents No. 2 and 3, being the authorities in the Home Department, Ms. K. Phukan, learned counsel for the respondent No. 4, being the Deputy Commissioner (FRRO), Kokrajhar and Mr. A. Ali, learned counsel for the respondent No. 6, being the Election Commission of India.

(2.) The petitioner Tarapada Namadas is aggrieved by an ex-parte opinion dtd. 25/9/1997 of the Foreigners Tribunal, Dhubri, Kokrajhar and Goalpara in F.T. Case No. 476/K/86 by which the mother of the petitioner Sorojoni Sarkar was declared to be a foreigner who entered the State of Assam between 1966 and 1971. The petitioner also refers to a voters' list of 1966 of village Pam Mayanbori, Mouza Baghbor in the Barpeta district which contains the name of Brajabasi Namadas, son of Biswanath at Sl. No. 383; the name of Sorojoni Namadas, wife of Brajabasi at Sl. No. 384 and the name of Tarapada Namadas, son of Brajabasi at Sl. No. 387. Brajabasi Namadas is the father of the petitioner, Sorojoni Namadas is the mother of the petitioner and the name of the petitioner himself appears in the voters' list of 1966 and therefore has to be accepted to be a citizen of India. The petitioner is aggrieved to the extent that as because of the ex-parte opinion by which his mother was declared to be a person who entered the State of Assam between 1966 and 1971, his legal rights otherwise as a citizen of India are being questioned by some of the authorities. Being aggrieved, this writ petition is instituted.

(3.) The petitioner also refers to an order dtd. 6/1/2016 of the Sub-Divisional Officer(Civil), Gossaigaon under Rule 3 of the Assam Registration of Birth/Death Rules, 1977 by which it had been ordered that the date of death of Sorojoni Namadas, wife of Brajabasi Namadas is 16/5/1991 and it has to be accepted that the mother of the petitioner Sorojoni Namadas died on 16/5/1991.