ANJANA SAHA V. THE UNION OF INDIA and 3 ORS.

WP(C)/524/2017

AI Insights

The case involves a petition filed under Article 226 of the Constitution of India, challenging the order of the Foreigners' Tribunal No.1, Bongaigaon, which declared the petitioner, Anjana Saha, a foreigner. The petitioner, originally named Anjana Das, provided evidence including a Relief Eligibility Certificate and a PAN card to establish her identity and Indian residency. The Tribunal's initial decision was primarily based on the absence of the petitioner's name in the voters' list, disregarding the substantial evidence presented. The High Court found this approach to be a non-appreciation of evidence, leading to the setting aside of the Tribunal's order and remanding the case for re-evaluation.

• Counselvise Citation: [2017] 140 COUNSELVISE.COM (IT) 685759 (HC-ASSAM)
• Appeal Type: Others
• Pronouncement Date: 26-04-2017
• Assessment Year: misc
• Laws Referred To: Article 226 of the Constitution of India
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: P BARUAH; G PEGU
• Assessee Lawyers: SS SARMA; B J MUKHERJEE
• Keywords: Foreigners tribunal; PAN card; Remand; Voters list; Relief Eligibility Certificate
• Section: 474/2010

Judgement Text

"WP(C) 524/2017 BEFORE HON’BLE MR. JUSTICE UJJAL BHUYAN HON’BLE MR. JUSTICE PARAN KUMAR PHUKAN Ujjal Bhuyan, J. Heard Mr. SS Sarma, learned Senior Counsel assisted by Mr. BJ Mukherjee, learned counsel for the petitioner, Ms. P Baruah, learned counsel for the Central Govt. and Mr. G Pegu, learned Govt. Advocate, Assam. By filing this petition under Article 226 of the Constitution of India, petition er seeks quashing of order dated 17.10.2016, passed by the Foreigners’ Tribunal No.1, Bongaigaon in BNGN/FT Case No.474/2010 declaring the petitioner to be a fo reigner of post 25.03.1971 stream. This Court by order dated 02.02.2017, while issuing notice, had granted bail to the petitioner subject to appearance before the Superintendent of Police (B), Bo ngaigaon. From a perusal of the order dated 17.10.2016, it is seen that petitioner had sub mitted written statement, adduced evidence by deposing as his witness and exhibi ted documents; out of which Exts-A & E are relevant. Ext-A is Relief Eligibility Certificate dated 23.05.1964 in the name of Daguram Das and Ext-E is a photo co py of PAN card of the petitioner. As per Ext-A, which is a Relief Eligibility Certificate, issued by Govt. of Indi a, Ministry of Rehabilitation, Daguram Das, son of Lt. Shyama Charan Das along w ith his family members comprising of himself, wife, four sons and one daughter h ad arrived at Silchar in India from East Pakistan on 23.05.1964. The daughter’s name was mentioned as Anjana Das, aged about 2 years. Daguram Das mentioned the reason for migrating without documents as atrocities committed upon them on acco unt of religious ground. He also mentioned the route followed by them while migr ating to India. It is stated that after marriage of the petitioner with Sri Sant osh Saha, as per religious custom, she started writing her surname as Saha and c ame to be known as Anjana Saha. This would be evident from Ext-E, which is a pho to copy of income tax PAN card where Anjana Saha i.e. petitioner is shown as dau ghter of Daguram Das. These were the vital documents on which the case of the pe titioner hinged upon. However, we notice that Tribunal took the view as above, o nly on the ground that despite being aged about 54 years, petitioner could not e xhibit any voters’ list where her name appeared as a voter. We are afraid Tribunal ought to have been taken into consideration and appreciat ed the exhibits adduced by the petitioner, particularly Exts-A & E, as discussed above. Non-appreciation of the evidence as above, in our opinion, has vitiated the order dated 17.10.2016. In such circumstances, we set aside the order dated 17.10.2016 and remand the ma tter back to the Tribunal for a fresh decision in accordance with law. Let the petitioner appear before the Foreigners’ Tribunal No.1, Bongaigaon in co nnection with BNGN/FT Case No.474/2010 on 26.04.2017 at 10.30 a.m. whereafter, T ribunal shall proceed and decide the reference in accordance with law having reg ard to the discussions made above. Bail granted on 02.02.2017 would continue till disposal of BNGN/FT Case No.474/2 010. Writ petition is accordingly allowed to the extent indicated above. Office to send down the case record immediately and inform the concerned Foreign ers’ Tribunal, Deputy Commissioner and Superintendent of Police (B) for necessar y follow-up steps. "