Gauhati High Court Imposes Cost On Electoral Registration Officer For Referring Retired Army Officer To Foreigners Tribunal To Determine Citizenship

The court observed that the order of reference itself provides that the ERO had got the matter verified by on the spot local verification on the question and it was found that the date of birth of Jagat Bahadur Chetri is 1937 and the place of birth is Dibrugarh.

Thus, setting aside the order of reference, the division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan held:

“If Jagat Bahadur Chetri was born in the year 1937 and his place of birth is Dibrugarh and there is no material 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.”

The court further highlighted that the petitioner was serving in the Indian Army since 1963 and retired in 2005 and the enquiring officer had not done its duty in the proper earnest. "There can be no reason why the petitioner would refuse to divulge the information that he was serving in Indian Army since 1963."

The court held that the reference order is not maintainable and 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.

It also imposed a cost of Rs. 10,000/- on the ERO  for causing inconvenience to the petitioner.

Case Title: Jagat Chetri v. The Union of India & 5 Ors.

Citation: 2023 LiveLaw (Gau) 29

Coram: Justice Achintya Malla Bujor Barua and Justice Robin Phukan

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