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. 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.