Gauhati High Court allows five members of a family to prove they are Indians

STAFF REPORTER

GUWAHATI: Five members of a family in Cachar district were declared foreigners by Foreigners Tribunal Court-4 of the district in 2018. After three years, the Gauhati High Court has directed the Foreigners Tribunal-4 of Cachar to hear the case again on December 24 and give them a chance to prove their identity again.

Rajendra Das, his wife Renubala Das and their three minor children –Ananda Das, Biswajit Das and Babita Das – all residents of village Mahadevpur under Katigorah PS in Cachar district, were declared by foreigners of post 25.03.1971 stream by the Foreigners Tribunal-4th, Cachar, Silchar on January 18, 2018 (Case No.327/2017). The Foreigners Tribunal-4th, Cachar, Silchar passed an ex-parte order on January 18, 2018 against the five family members as they failed to appear before the Foreigners Tribunal after being served notice and also did not file written statement after seeking time.

The 2018 order was recently challenged in Gauhati High Court by Rajendra Das and his family. During a hearing in this case (WP(C) No. 8295/2019), Justice N Kotiswar Singh and Justice Malasri Nandi stated that if the petitioners could prove the documents they had produced in the court, "they may have a legitimate claim that they are Indians and not foreigners".

In their order, Justice N Kotiswar Singh and Justice Malasri Nandi stated that Rajendra Das' father's name appeared in the voters' list of 1965 and was regular in upcoming years as well. The court order stated that the petitioners' counsel had drawn the attention of the court to the voters' list of 1965, in which the names of one Gandhi Lal Das and Sumurta Bala Das are shown, who Rajendra Das claims to be his parents. Similarly, the petitioners have also annexed one photocopy of the voters' list of 1970, where the aforesaid names of the parents of Rajendra Das are shown. The petitioners have also referred to a certificate issued by the Mahadevpur Gaon Panchayat, which shows that Renubala Das is married to the petitioner Rajendra Das and as such the petitioners submit that there are sufficient materials to show that they are Indians and not foreigners. The court stated, "We are also of the view that if the petitioners are able to prove the aforesaid documents, they may have a legitimate claim that they are Indians and not foreigners."

The High Court also observed that Rajendra Das could not appear before the Foreigners Tribunal-4 in 2018 due to his physical illness and he deserves another chance.

The court order stated, "This Court has reiterated the importance of citizenship of a person in today's world. It is the key to enjoyment of the rights guaranteed by law of the land. It is through citizenship that a person can enjoy and enforce fundamental rights and other legal rights conferred by the Constitution and other statutes, without which a person cannot lead a meaningful life with dignity. A person stripped of citizenship would be rendered a stateless person, if any other country refuses to accept him or her as its citizen. Such is the overarching significance and importance of citizenship to a person. Therefore, any such proceeding which has the potential of depriving citizenship ought to be accordingly, examined from that perspective also."

The court order further stated, "Though we are also conscious of the fact that ex-parte orders cannot be interfered in a routine manner. However, in the present case, the matter pertains to a very important right of a person i.e. citizenship. If the petitioner No.1 (Rajendra Das) could not appear before the learned Tribunal and ex-parte order was passed it would have a cascading affect on other members of his family i.e. his wife and minor children, as the rest of the family members are dependent on the petitioner No.1 (Rajendra Das). Accordingly, considering the nature of the case, we are of the view that the petitioners may be offered another opportunity to appear before the learned Tribunal to prove that they are Indians and not foreigners."

The High Court set aside the order dated January 18, 2018 passed in Foreigners Tribunal-4 Case No.327/2017 and directed Rajendra Das, his wife and children to appear before the Foreigners Tribunal-4th on or before December 24, 2021, and "file their written statement and adduce evidence in support of their claim that they are Indians".

The court order stated, "The learned Tribunal after hearing the parties will pass appropriate order in accordance with law."

Also Read: Gauhati High Court sets aside order of Foreigners' Tribunal; woman declared Indian

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