The high court granted the petitioner one opportunity to establish her claim to Indian citizenship.
Key Points
- Gauhati high court allows a woman another opportunity to establish her Indian citizenship before the Foreigners Tribunal.
- The petitioner claimed her grandfather was registered as an Indian citizen after migrating from erstwhile East Pakistan.
- The court set aside a 2010 ex parte order declaring her a foreigner who entered India after 1971.
- The petitioner argued her former lawyer failed to properly represent her before the Foreigners Tribunal proceedings.
- The Union government opposed the plea, citing an unexplained delay of more than nine years in filing.
The Gauhati high court has granted a fresh opportunity to a woman who was declared a foreigner nearly 16 years ago, holding that she deserves a chance to prove her Indian citizenship in view of her claim that her grandfather was registered as an Indian citizen in 1956.
A division bench of Justices Kalyan Rai Surana and Shamima Jahan passed the order on May 15 while hearing a writ petition filed by Niva Suklabaidya.
The petitioner had challenged an ex parte opinion dated May 12, 2010, by a Foreigners Tribunal declaring her to be a foreigner who entered India after March 25, 1971.
'Deserves a chance to prove her contention'
'In this case, the petitioner projects that her grandfather was registered as an Indian citizen, and her projected uncle was also declared not to be a foreigner by the Foreigners Tribunal. Under such circumstances, the court is of the considered opinion that the petitioner deserves a chance to prove her contention,' the bench observed.
The high court set aside the ex parte opinion and remanded the matter to the tribunal for a fresh adjudication, granting the petitioner one opportunity to establish her claim to Indian citizenship.
The court noted that the burden of proof would continue to rest on the petitioner.
30-day deadline to appear before tribunal
The relief was made conditional upon the petitioner appearing before the Foreigners Tribunal within 30 days from the date of the order.
The court clarified that if she fails to appear within the stipulated period, the order will automatically stand recalled on the 31st day.
In that event, the ex parte opinion declaring her a foreigner will revive and be restored to the tribunal's file.
Petitioner cites illiteracy and counsel's absence
The petitioner submitted that she is an illiterate woman unfamiliar with legal procedures.
According to her, although she had appeared before the tribunal on dates fixed for evidence, her then counsel failed to cross-examine the prosecution witnesses, including the enquiry officer.
She also stated that she had informed her lawyer that she was suffering from rheumatic pain. Despite assurances that appropriate steps would be taken, no action was taken and she was subsequently declared a foreigner.
Family documents cited in support
The petitioner contended that she is the daughter of the late Mira Suklabaidya, son of the late Umeshram Suklabaidya.
She said her grandfather had migrated to India from erstwhile East Pakistan and was issued a certificate of registration dated November 18, 1956, formally registering him as an Indian citizen.
She further relied on a 2017 Foreigners Tribunal order declaring her uncle Biren Suklabaidya to be 'not a foreigner'.
Centre opposed plea citing delay
Representing the Union government, Advocate A K Dutta opposed the petition on the ground of delay and laches.
It was argued that the ex parte opinion was passed in May 2010, while the writ petition was filed only on October 1, 2019, after more than nine years.
According to the Centre, the unexplained delay disentitled the petitioner from any relief and indicated that she had accepted her status as a foreigner.
The petitioner was represented by Advocate M Dutta.
Feature Presentation: Aslam Hunani/Rediff
