Gauhati High Court imposes costs on official who referred retired armyman to FT

STAFF REPORTER

GUWAHATI: The Gauhati High Court has imposed a cost of Rs 10,000 on the Electoral Registration Officer (ERO) of 52 Dispur Legislative Assembly who referred to the Foreigners Tribunal a retired army personnel who has rendered service of 38 years, for adjudication as to whether he is a citizen of India.

Jagat Chetri alias Jagat Bahadur Chetri filed a writ petition (WP-C/6428/2019) in Gauhati High Court after he had been referred to the Foreigner Tribunal by the Electoral Registration Officer (ERO) of 52 Dispur Legislative Assembly Constituency for an adjudication as to whether he is a citizen of India, or, in other words, whether he entered Assam subsequent to March 25, 1971, from the specified territory. The court observed that the order of reference itself provides that the ERO got the matter verified by on-the-spot local verification on the question, and it was verified that Jagat Bahadur Chetri had entered Assam subsequent to March 25, 1971. Also, it was verified that the date of birth of Jagat Bahadur Chetri is 1937 and his place of birth is Dibrugarh.

The division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan stated, “If Jagat Bahadur Chetri was born in the year 1937 and his place of birth is Dibrugarh, and there is no material indicating that subsequent to his birth, he migrated to the specified territory and thereafter re-entered the State of Assam subsequent to 25.03.1971, we are of the view that it was an absolute non-application of mind on the part of the ERO of 52 Dispur Legislative Assembly Constituency to have referred the petitioner to the Foreigners Tribunal for an opinion as to whether the petitioner is a foreigner who entered the State of Assam subsequent to the specified territory.”

The court further stated, “Further material also shows that Jagat Bahadur Chetri was serving in the Indian Army, having been recruited in the year 1963, and he retired from the service of the Indian Army on May 31, 2001, having rendered about 38 years of service. It appears that the enquiring officer had not done its duty in the proper earnest and there can be no reason why the petitioner Jagat Bahadur Chetri would refuse to divulge the information that he was serving in Indian Army since 1963.”

The court set aside the order of reference made against the petitioner, and consequently, the opinion dated January 10, 2012, passed by the Foreigners Tribunal, Kamrup (Metro) in FT Kamrup (Metro) D.V. Case No. 199/2011 [IM(D)T Case No. 1088/2000] was also set aside. For causing inconvenience to the petitioner without any reasonable cause and without any application of mind, a cost of Rs 10, 000 is imposed on the ERO of 52 Dispur Legislative Assembly Constituency to be paid to the petitioner. The court order stated, “The cost be paid by the Election Commissioner, Assam, and the Election Commissioner may recover the cost imposed from the person concerned who was serving as the ERO of 52 Dispur Legislative Assembly Constituency at the relevant point in time when the reference was made.”

The court declared that the petitioner shall be entitled to all the rights and privileges as a citizen of India as may be admissible under the law.

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