Gauhati High Court
Page No.# 1/9 vs The Union Of India And 7 Ors on 20 January, 2025
Author: M.R.Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/9
GAHC010182642019
2025:GAU-AS:655
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6795/2019
KRITIBASH HALDER AND ANR.
S/O- LT. PRATHAM HALDAR @ PRAMUD HALDER, R/O. MALPUTRA RAINA
PATHAR, P.S. AND DIST.- MORIGAON, ASSAM, PIN- 782105.
2: NARAYAN HALDAR
S/O- LT. PRATHAM HALDAR @ PRAMUD HALDER
R/O. MALPUTRA RAINA PATHAR
P.S. AND DIST.- MORIGAON
ASSAM
PIN- 782105
VERSUS
THE UNION OF INDIA AND 7 ORS.
REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA,
SHASTRI BHAWAN, NEW DELHI- 110001.
2:THE STATE OF ASSAM
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GUWAHATI- 781006.
3:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSION
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI- 110001.
4:THE STATE COORDINATOR
NATIONAL REGISTRATION OF CITIZENS
ASSAM
1ST FLOOR
ACHYUT PLAZA
Page No.# 2/9
GS ROAD
BHANGAGARH
GUWAHATI
ASSAM
PIN- 781005.
5:THE FOREIGNERS TRIBUNAL NO. 3RD
MORIGAON
ASSAM
DIST. MORIGAON
ASSAM
PIN- 782105.
6:THE DEPUTY COMMISSIONER
MORIGAON
P.O. AND P.S. MORIGAON
DIST- MORIGAON
ASSAM
PIN- 782105.
7:THE SUPERINTENDENT OF POLICE (B)
MORIGAON
PO. AND P.S. MORIGAON
DIST.- MORIGAON
ASSAM
PIN- 782105.
8:THE OFFICER-IN-CHARGE OF MORIGAON POLICE STATION
P.O. AND DIST.- MORIGAON
ASSAM
PIN- 782105
Advocate for the Petitioner : MS. D GHOSH, MR. M AHMED,MS N DEKA,MR SAURADEEP
DEY
Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,SC, NRC,SC, ECI
Page No.# 3/9
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
20-01-2025
(M.R.Pathak, J)
The learned Member, Foreigners Tribunal, No.3 rd, Morigaon, Assam by the common
opinion/order dated 29.05.2019 passed in (i) Case No. FT (C) 278/2015 [Reference IM(D)T
Case No. 929/2003 (State of Assam Vs. Kritibash Haldar and others)] and (ii) Case No. FT (C)
324/2015 [Reference IM(D)T Case No. 928/2003 (State of Assam Vs. Narayan Haldar and
others)], opined both Kritibash Haldar and Narayan Haldar as foreigners under the Foreigners
Act, 1946, who had illegally entered into the territory of India (Assam) on or after
25.03.1971. Aggrieved with the said opinion dated 29.05.2019, both the brothers, Kritibash
Haldar and Narayan Haldar as petitioners have filed this writ petition.
2. Though, petitioners have made the Foreigners Tribunal, No.3 rd, Morigaon, Assam, who
passed the impugned common opinion/order dated 29.05.2019, noted above, as party
respondent No.5, we are of the view that it is not a necessary party for proper adjudication of
the present proceeding. As such, the name of said respondent No.5 be deleted from the
cause title of this case. Accordingly, the respondent Nos. 6, 7 and 8 be re-numbered as
respondent Nos. 5, 6 and 7, respectively. The Registry shall do the necessary correction in
the cause title.
3. Heard Ms. D. Ghosh, learned counsel for the petitioners and Mr. P. S. Bhattacharyya,
learned CGC for the respondent No.1. Also heard Mr. J. Payeng, learned Standing Counsel,
Home Department, Assam and Standing Counsel, NRC, Assam for the respondent Nos. 2, 4, 6
and 7; Mr. H. Kuli, learned Standing Counsel, Election Commission of India for the respondent
No.3 as well as Mr. R. Talukdar, learned Government Advocate, Assam for the respondent
No.5.
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4. During the deliberation of the matter, the petitioners have brought to the notice of the
Court that in an another proceeding under the Illegal Migrants (Determination by Tribunals)
Act, 1983 [in short, IM(D)T Act], during its force, the Superintendent of Police (Border),
Nagaon, Assam on 17.10.1987, referred the matter to the learned Foreigners Tribunal,
Nagaon for its opinion as to whether, the present two petitioners, namely, Sri Kritibash Haldar
and Sri Narayan Haldar, both sons of late Pramatha Haldar and their mother, namely, Shanti
Haldar, wife of late Pramatha Haldar are foreigners who had entered into the territory of India
(Assam) on or after 01.01.1966 but before 25.03.1971 from the specified territory
[Bangladesh immediately before the commencement of the Citizenship (Amendment) Act
1985] or not and since their entry, they are ordinarily residing at Village-Malpota Basnaghat,
Police Station-Morigaon, District-Nagaon (erstwhile, now Morigaon), Assam or not.
5. Petitioners stated that the said reference of SP(B), Nagaon was accordingly registered
as F.T. Case No. 597/1988 before the learned Foreigners Tribunal, Nagaon and the said case
proceeded under the provisions of the Foreigners Act, 1946 read with Foreigners (Tribunals)
Order, 1964 Act, 1964, read with the Citizenship (Amendment) Act 1985. After hearing the
parties and considering the evidence adduced by them, the learned Foreigners Tribunal,
Nagaon by its common order/opinion dated 21.01.1992, passed in said FT Case No. 597/1988
opined that both the petitioners Kritibash Haldar and Sri Narayan Haldar along with their
mother, namely, Shanti Haldar entered into the territory of India on or after 01.01.1966 but
before 25.03.1971 and are presently residing at village Malpota Basnaghat under Police
Station Morigaon, erstwhile District-Nagaon, present District-Morigaon.
6. It is also stated that pursuant to the said opinion dated 21.01.1992, passed by the
learned Foreigners Tribunal, Nagaon in said FT Case No. 597/1988, both the petitioners had
applied for registration of their names under the Citizenship Act before the concerned
Foreigners Regional Registration Officer (FRRO) of Nagaon and Morigaon Districts on
12.02.1992 in the appropriate Forms under the provisions of the Citizenship Act and
Citizenship Rules, in force, at the relevant point of time.
7. The Court earlier by order dated 18.12.2019 directed the learned State Counsel for the
Home Department to verify and submit pertaining to the registration of the petitioners before
the concerned FRRO of Nagaon and Morigaon Districts as indicated by them at page 60 to 64
Page No.# 5/9
of this petition, noted above.
8. Mr. Payeng, learned State Counsel, representing the Home Department of the State on
instruction admitted the fact that both the petitioners pursuant to the said opinion/order
dated 21.01.1992, passed by the learned Foreigners Tribunal, Nagaon in FT Case No.
597/1988 registered their names before the concerned FRRO of Nagaon and Morigaon
Districts-cum-Superintendent of Police, Nagaon, on 12.02.1992.
9. By order dated 22.05.2024, the Court called for the original records of FT Case No.
597/1998 from the Court of learned Foreigners Tribunal, 1 st Nagaon that was decided on
21.01.1992 as well as the records of Case No. FT (C) 278/2015 and Case No. FT (C)
324/2015 from the Court of learned Foreigners Tribunal, 3 rd, Morigaon, wherein which the
Foreigners Tribunal, 3rd, Morigaon gave it common opinion dated 29.05.2019, declaring the
both petitioners as foreigners under the Foreigners Act, 1946, who had illegally entered into
the territory of India (Assam) on or after 25.03.1971.
10. On perusal of all those three records, it is seen that notices were earlier issued to the
petitioners as sons of Pramatha Haldar, resident of village Malpota Basnaghat (Raina Pathar)
under the jurisdiction of Morigaon Police Station, erstwhile District Nagaon, present District
Morigaon.
11. In FT Case No. 597/1988, the reference was made by the Superintendent of Police
(Border), Nagaon on 17.10.1987 during the force of the IM(D)T Act and the learned Member,
Foreigners Tribunal, Nagaon passed the opinion dated 21.01.1992, during the force of the
IM(D)T Act, noted above.
12. In Case No. FT (C) 278/2015 [Reference IM(D)T Case No. 929/2003 (State of Assam
Vs. Kritibash Haldar and others] the Superintendent of Police (Border), Morigaon on
07.06.2005 made the reference against the petitioner Kritibash Haldar under the IM(D)T Act,
during its force.
13. Similarly, in Case No. FT (C) 324/2015 [Reference IM(D)T Case No. 928/2003 (State of
Assam Vs. Narayan Haldar and others)], the Superintendent of Police (Border), Morigaon on
07.06.2005 made the reference against the petitioner Narayan Haldar under the IM(D)T Act,
Page No.# 6/9
during its force.
14. The Hon’ble Supreme Court in the case of Sarbananda Sonowal Vs. Union of India
reported in (2005) 5 SCC 665 struck down the Illegal Migrants (Determination by Tribunal)
Act, 1983 declaring it to be ultravires of the Constitution of India and pursuant to the
direction of the Hon’ble Apex Court in the said case of Sarbananda Sonowal (supra), all the
cases pending adjudication before different Foreigners Tribunals of the State under the
IM(D)T Act were transferred for their adjudication under the Foreigners Act 1946.
Accordingly, those two FT Cases, i.e., FT(C) 278/2015 and FT (C) 324/2015 that were
pending for adjudication before the Foreigners Tribunal at Nagaon were transferred and
placed before the leaned Member, Foreigners Tribunal, 3 rd Morigaon, Assam, for its opinion
under the Foreigners Act, 1946 and Foreigners (Tribunals) Order, 1964 Act, 1964.
15. On perusal of the records of the two FT Cases — FT(C) 278/2015 and FT (C) 324/2015
decided by the Foreigners Tribunal, 3rd Morigaon on 29.05.2019, it is seen that in their
written statements, the petitioners did not state before the said Tribunal about the earlier
proceeding against them in FT Case No. 597/1988 before the Foreigners Tribunal, Nagaon nor
stated that pursuant to the earlier opinion dated 21.01.1992, passed by the Foreigners
Tribunal, Nagaon in FT Case No. 597/1988, both of them had applied for registration of their
names under the Citizenship Act before the concerned Foreigners Regional Registration
Officer (FRRO) of Nagaon and Morigaon Districts on 12.02.1992, except stating that their
father Pramatha Haldar, during his lifetime obtained a certificate of Registration as citizen of
India vide Serial Number 137 dated 10.07.1960 issued by the Election Officer, the then
concern Registering Authority, Nagaon.
16. It is also not the case of the respondent State that the said opinion dated 21.01.1992,
passed by the Foreigners Tribunal, Nagaon in FT Case No. 597/1988 was challenged by
them. It is clear that said opinion dated 21.01.1992, passed by the Foreigners Tribunal,
Nagaon in FT Case No. 597/1988 is very much in force.
17. Moreover, pursuant to the said opinion dated 21.01.1992, passed by the Foreigners
Tribunal, Nagaon in FT Case No. 597/1988, both of the petitioners on 12.02.1992 had applied
for registration of their names under the prescribed Form XXIII under the provisions of Rules
Page No.# 7/9
16D and 16F(1) of the Citizenship Rules, 1956, during its force, before the concerned
Foreigners Regional Registration Officer (FRRO) of Nagaon and Morigaon Districts. As noted
above, pursuant to the direction of the Court passed earlier in this proceeding, the State
Respondents on verification admitted the fact that both the petitioners on 12.02.1992
submitted their Forms before the FRRO of Nagaon and Morigaon Districts for Registration of
their names under the Citizenship Act, 1955 and Rules.
18. It is to be noted here in that after the insertion of Section 6A in the Citizenship Act,
1955 that relates to Special provisions as to citizenship of persons covered by the Assam
Accord by the Act No. 65 of 1985 with effect from 07.12.1985, Rule 16D in the Citizenship
Rules, 1956 was substituted by Notification No. G.S.R.25(E) dated 15.01.1987 that came into
force with effect from 15.01.1987.
19. Rule 16D of the Citizenship Rules, 1956 that came into force from 15.01.1987
stipulated as follows:
16D. Reference to Tribunals: Where, in the case of a person seeking registration under
sub-section (3) of Section 6A of the Act,–
(a) any question arises as to whether such person complies with any requirement
contained in the said subsection, or
(b) the opinion of the Tribunal constituted under the Foreigners (Tribunals) Order,
1964 in relation to such person does not contain a finding with respect to any
requirement contained in the said subsection other than the question that he is
a foreigner, the registering authority shall, within fifteen days of receipt of an
application in Form XXIII from such person, make a fresh reference to the
Tribunal in this regard.
20. The Citizenship Rules, 1956 as amended was in force up to 24 th February, 2009 till the
coming in to the force of the Citizenship Rules, 2009 on 25-02-2009. Rule 43 of the
Citizenship Rules, 2009 relates to Repeal and Saving and it stipulates that –
43. Repeal and saving. – The Citizenship Rules, 1956 is hereby repealed:
Provided that such repeal shall not affect-
(a) the previous operation of the said Rules or anything duly done or suffered
thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under
the said Rules; or
Page No.# 8/9
(c) any penalty, forfeiture or punishment incurred in respect of any offence
committed against the said Rules; or
(d) any investigation, legal proceeding or remedy in respect of any such right,
privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid,
and any such investigation, legal proceeding or remedy may be instituted,
continued or enforced any such penalty, forfeiture, or punishment, may be imposed
as if the said Rules had not been repealed.
21. From the above, it is clear that after the said opinion dated 21.01.1992, passed by the
Foreigners Tribunal, Nagaon in FT Case No. 597/1988 in which the petitioners were found to
be the foreigners of the stream of “after 01.01.1966 but before 25.03.1971 from the specified
territory of Bangladesh” they, i.e., the petitioners submitted their respective applications in
Form XXIII before the concerned FRRO on 12.02.1992, under the provisions of Rules 16D and
16F(1) of the Citizenship Rules, 1956, during its force, much within the prescribed time as
provided by Section 6A of the Citizenship Act, 1955.
22. It is also not the case of the respondents that said Registration of the petitioners
under the Citizenship Act, 1955 and the relevant Citizenship Rules, 1956, during its force
were rejected by the concerned FRRO.
23. Considering the above, the impugned common opinion/order dated 29.05.2019,
passed by the learned Member, Foreigners Tribunal, No.3, Morigaon, Assam in (i) Case No. FT
(C) 278/2015 with regard to the petitioner, namely, Kritibash Haldar and (ii) Case No. FT (C)
324/2015 with regard to the petitioner Narayan Haldar are hereby set aside and quashed, for
the reasons above.
24. Since both the petitioners have already registered their names before the FRRO of
Nagaon and Morigaon Districts way back on 12.01.1992, in the appropriate Forms under the
provisions of the Citizenship Act, 1955 and the relevant Citizenship Rules, 1956, during its
force, therefore, both of the petitioners, named above, sons of late Pramatha Haldar are
declared to be Indian Citizens.
25. With the above observation and direction, this writ petition is allowed to the extent
above.
26. Registry shall return the respective records to the concerned Foreigners Tribunals
along with the copies of this order.
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27. Registry shall also inform the Superintendent of Police (Border), Morigaon for its
information and necessary action.
JUDGE JUDGE Comparing Assistant
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