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Judgment
AM Bujor Barua, J
Heard Mr. DP Borah, learned counsel for the petitioner and Mr. J Payeng, learned counsel appearing for the Foreigners' Tribunal and Border Areas. Also heard Mr. AI Ali, learned counsel for the Election Commission of India as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.
On being referred by the Superintendent of Police (Border), Nagaon, FT (D) Case No.58 of 2015 and FT (D) Case No. 59 of 2015 respectively were registered against the petitioner.
The petitioner filed a written statement stating that the father of the petitioner Brajalal Ghosh is a permanent inhabitant of the 24 Parganas district, Kolkata. A stand was also taken that the petitioner was born on 02.12.1963 at Sree Sree Mahananda Brahmachari Seva Prat.
Before the Tribunal, the petitioner exhibited the Municipal License for Professions, Trades and Callings issued from the Office of the Commissioner, Corporation of Calcutta dated 03.11.1962 which was in the name of Brajalal Ghosh. By exhibiting the said trade license, the petitioner seeks to establish that her father Brajalal Ghosh was present in Kolkata as on 03.11.1962.
The petitioner further exhibited the Birth Certificate dated 02.12.1963 of the Kolkata Municipal Corporation bearing Serial No. 143858 to establish that her father is Brajalal Ghosh and she was born at Sree Sree Mahananda Brahmachari Seva Prat. The trade licence dated 03.11.1962 gives an indication that Brajalal Ghosh was present in Kolkata as on 03.11.1962. Further, the Birth Certificate also gives an indication that the father of the petitioner was Brajalal Ghosh and she was born at Sree Sree Mahananda Brahmachari Seva Prat. But neither of the concerned authorities who had issued the license in favour of Brajalal Ghosh and the Birth Certificate in favour of the petitioner were examined.
In the absence of any further evidence as regards the authenticity of the information contained in the license as well the Birth Certificate, the same cannot be relied upon to arrive at a conclusion that the father of the petitioner Brajalal Ghosh was present in Kolkata as on 03.11.1962 and that Brajalal Ghosh is the father of the petitioner.
In the aforesaid circumstances, we do not find any infirmity in the conclusion of the Tribunal although, we are not in agreement with the reasons stated therein.
But, however, as appropriate materials may be available with the petitioner to show that firstly, Brajalal Ghosh was present in Kolkata as on 03.11.1962 and that Brajalal Ghosh is the father of the petitioner and she was born on 02.12.1963 at Sree Sree Mahananda Brahmachari Seva Prat, the matter is remanded back to the Tribunal to enable the petitioner to adduce appropriate evidence of the concerned persons or any authorised person thereof, who had issued the license dated 01.01.1963 and the Birth Certificate dated 02.12.1963 in order to authenticate the information contained therein. For the purpose the petitioner shall appear before the Tribunal on 04.04.2019.
We do not interfere with the order of the Tribunal dated 30.11.2015 by the Foreigners Tribunal No.10, Nagaon at Doboka in FT (D) Case No.58 of 2015 and FT (D) Case No. 59 of 2015 respectively. But upon recording the evidence of the persons who had issued the license and the Birth Certificate, the Tribunal shall give due consideration to the same and pass a reasoned order thereon. In the event, the order of the Tribunal is in favour of the petitioner, the same shall supersede the earlier order dated 30.11.2015 and if it goes against the petitioner, the reasons stated shall be additional reason to justify the order dated 30.11.2015.
Upon appearance of the petitioner before the Tribunal, Tribunal shall decide the matter within a period of 60 days thereafter.
In the meantime, the petitioner shall not be detained nor be deported.
The petitioner shall submit a surety bond from two prominent persons of the village from which the petitioner hails or from any responsible Government Official to the Satisfaction of the Superintendent of Police (Border) Nagaon to ensure the presence of the petitioner before the authorities as and when required, and Superintendent of Police shall also verify the authenticity and acceptability of the surety for his satisfaction.
Send back the LCR.
Writ petition stands disposed of to the extent indicated above.