Gauhati High Court Quashes Order Declaring 52-Yr-Old Woman A Foreigner After Citizen-Father's Testimony Remains Uncontroverted

The Gauhati High Court recently quashed and set aside order of Foreigners Tribunal which declared a citizen of India as foreign citizen, on the ground that verification report of the authorities was incomplete and evidence of the father of the petitioner, who deposed that the petitioner is his daughter, remained uncontroverted.

While setting aside the order of the Tribunal, the division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan observed:

“Conjointly considering the aspect that the verification report itself is incomplete to lead to any conclusion that the petitioner is a person who entered the State of Assam subsequent to 25.03.1971 and further that the evidence of Ram Proshad Rabidas who could prove his citizenship had deposed that the petitioner is his daughter remained uncontroverted, we are of the view that the reference made against the petitioner itself would be untenable in law.”

The petitioner was referred to Foreigners Tribunal, Dhubri for an opinion as to whether she is a person who entered the State of Assam from the specified territory after March 25, 1971.

The Tribunal vide order dated September 18, 2018 gave an opinion that the petitioner is a foreign citizen who entered the State of Assam subsequent to March 25, 1971.

Aggrieved by the impugned order of the Tribunal, petitioner instituted the writ petition.

The court observed that the petitioner relied upon the Voters’ List of 1966 of area no. 943 Mouza Balrampur district Kooch Behar in the State of West Bengal wherein at Serial No. 199 the name of Rabidas Ramprasad, son of Sahadeb mentioned.

It was further observed that Rabidas Ramprasad deposed before the tribunal that petitioner is his daughter from his first wife and had been born and brought up in Coochbehar district in West Bengal.

The court noted that in cross-examination Rabidas Ramprasad was not confronted with any question or suggestion that petitioner is not his daughter.

The court remarked:

“All that the authorities had asked in cross-examination is the age of Ram Proshad Rabidas, how many daughters he has and where he was born. It being so, the evidence in chief of Ram Proshad Rabidas that the proceedee Bharti Rabidas is his daughter remains uncontroverted.”

It was further observed by the court that the verification report of the authorities was incomplete as no information was recorded in the report which might indicate the reason as to why the authorities thought that the petitioner is a person who entered the State of Assam subsequent to March 25, 1971. Additionally, the court noted that in the verification report the column provided for place of birth was not filled up by the authorities.

Accordingly, the court set aside the impugned order of the Tribunal and declared the petitioner as a citizen of India.

Case Title: Bharati Rabidas v. The Union of India & 5 Ors.

Citation: 2023 LiveLaw (Gau) 36

Coram: Justice Achintya Malla Bujor Barua and Justice Robin Phukan

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