Page No.# 1/9 GAHC010182642019 2025:GAU-AS:655 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6795/2019 KRITIBASH HALDER AND ANR. S/O- LT. PRATHAM HALDAR @ PRAMUD HALDER, R/O. MALPUTRA RAINA PATHAR, P.S. AND DIST.- MORIGAON, ASSAM, PIN- 782105. 2: NARAYAN HALDAR S/O- LT. PRATHAM HALDAR @ PRAMUD HALDER R/O. MALPUTRA RAINA PATHAR P.S. AND DIST.- MORIGAON ASSAM PIN- 782105 VERSUS THE UNION OF INDIA AND 7 ORS. REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, SHASTRI BHAWAN, NEW DELHI- 110001. 2:THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GUWAHATI- 781006. 3:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSION NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001. 4:THE STATE COORDINATOR NATIONAL REGISTRATION OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA Page No.# 2/9 GS ROAD BHANGAGARH GUWAHATI ASSAM PIN- 781005. 5:THE FOREIGNERS TRIBUNAL NO. 3RD MORIGAON ASSAM DIST. MORIGAON ASSAM PIN- 782105. 6:THE DEPUTY COMMISSIONER MORIGAON P.O. AND P.S. MORIGAON DIST- MORIGAON ASSAM PIN- 782105. 7:THE SUPERINTENDENT OF POLICE (B) MORIGAON PO. AND P.S. MORIGAON DIST.- MORIGAON ASSAM PIN- 782105. 8:THE OFFICER-IN-CHARGE OF MORIGAON POLICE STATION P.O. AND DIST.- MORIGAON ASSAM PIN- 782105 Advocate for the Petitioner : MS. D GHOSH, MR. M AHMED,MS N DEKA,MR SAURADEEP DEY Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,SC, NRC,SC, ECI Page No.# 3/9 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 20-01-2025 (M.R.Pathak, J) The learned Member, Foreigners Tribunal, No.3rd, Morigaon, Assam by the common opinion/order dated 29.05.2019 passed in (i) Case No. FT (C) 278/2015 [Reference IM(D)T Case No. 929/2003 (State of Assam Vs. Kritibash Haldar and others)] and (ii) Case No. FT (C) 324/2015 [Reference IM(D)T Case No. 928/2003 (State of Assam Vs. Narayan Haldar and others)], opined both Kritibash Haldar and Narayan Haldar as foreigners under the Foreigners Act, 1946, who had illegally entered into the territory of India (Assam) on or after 25.03.1971. Aggrieved with the said opinion dated 29.05.2019, both the brothers, Kritibash Haldar and Narayan Haldar as petitioners have filed this writ petition. 2. Though, petitioners have made the Foreigners Tribunal, No.3rd, Morigaon, Assam, who passed the impugned common opinion/order dated 29.05.2019, noted above, as party respondent No.5, we are of the view that it is not a necessary party for proper adjudication of the present proceeding. As such, the name of said respondent No.5 be deleted from the cause title of this case. Accordingly, the respondent Nos. 6, 7 and 8 be re-numbered as respondent Nos. 5, 6 and 7, respectively. The Registry shall do the necessary correction in the cause title. 3. Heard Ms. D. Ghosh, learned counsel for the petitioners and Mr. P. S. Bhattacharyya, learned CGC for the respondent No.1. Also heard Mr. J. Payeng, learned Standing Counsel, Home Department, Assam and Standing Counsel, NRC, Assam for the respondent Nos. 2, 4, 6 and 7; Mr. H. Kuli, learned Standing Counsel, Election Commission of India for the respondent No.3 as well as Mr. R. Talukdar, learned Government Advocate, Assam for the respondent No.5. Page No.# 4/9 4. During the deliberation of the matter, the petitioners have brought to the notice of the Court that in an another proceeding under the Illegal Migrants (Determination by Tribunals) Act, 1983 [in short, IM(D)T Act], during its force, the Superintendent of Police (Border), Nagaon, Assam on 17.10.1987, referred the matter to the learned Foreigners Tribunal, Nagaon for its opinion as to whether, the present two petitioners, namely, Sri Kritibash Haldar and Sri Narayan Haldar, both sons of late Pramatha Haldar and their mother, namely, Shanti Haldar, wife of late Pramatha Haldar are foreigners who had entered into the territory of India (Assam) on or after 01.01.1966 but before 25.03.1971 from the specified territory [Bangladesh immediately before the commencement of the Citizenship (Amendment) Act 1985] or not and since their entry, they are ordinarily residing at Village-Malpota Basnaghat, Police Station-Morigaon, District-Nagaon (erstwhile, now Morigaon), Assam or not. 5. Petitioners stated that the said reference of SP(B), Nagaon was accordingly registered as F.T. Case No. 597/1988 before the learned Foreigners Tribunal, Nagaon and the said case proceeded under the provisions of the Foreigners Act, 1946 read with Foreigners (Tribunals) Order, 1964 Act, 1964, read with the Citizenship (Amendment) Act 1985. After hearing the parties and considering the evidence adduced by them, the learned Foreigners Tribunal, Nagaon by its common order/opinion dated 21.01.1992, passed in said FT Case No. 597/1988 opined that both the petitioners Kritibash Haldar and Sri Narayan Haldar along with their mother, namely, Shanti Haldar entered into the territory of India on or after 01.01.1966 but before 25.03.1971 and are presently residing at village Malpota Basnaghat under Police Station Morigaon, erstwhile District-Nagaon, present District-Morigaon. 6. It is also stated that pursuant to the said opinion dated 21.01.1992, passed by the learned Foreigners Tribunal, Nagaon in said FT Case No. 597/1988, both the petitioners had applied for registration of their names under the Citizenship Act before the concerned Foreigners Regional Registration Officer (FRRO) of Nagaon and Morigaon Districts on 12.02.1992 in the appropriate Forms under the provisions of the Citizenship Act and Citizenship Rules, in force, at the relevant point of time. 7. The Court earlier by order dated 18.12.2019 directed the learned State Counsel for the Home Department to verify and submit pertaining to the registration of the petitioners before the concerned FRRO of Nagaon and Morigaon Districts as indicated by them at page 60 to 64 Page No.# 5/9 of this petition, noted above. 8. Mr. Payeng, learned State Counsel, representing the Home Department of the State on instruction admitted the fact that both the petitioners pursuant to the said opinion/order dated 21.01.1992, passed by the learned Foreigners Tribunal, Nagaon in FT Case No. 597/1988 registered their names before the concerned FRRO of Nagaon and Morigaon Districts-cum-Superintendent of Police, Nagaon, on 12.02.1992. 9. By order dated 22.05.2024, the Court called for the original records of FT Case No. 597/1998 from the Court of learned Foreigners Tribunal, 1st Nagaon that was decided on 21.01.1992 as well as the records of Case No. FT (C) 278/2015 and Case No. FT (C) 324/2015 from the Court of learned Foreigners Tribunal, 3rd, Morigaon, wherein which the Foreigners Tribunal, 3rd, Morigaon gave it common opinion dated 29.05.2019, declaring the both petitioners as foreigners under the Foreigners Act, 1946, who had illegally entered into the territory of India (Assam) on or after 25.03.1971. 10. 10. On perusal of all those three records, it is seen that notices were earlier issued to the petitioners as sons of Pramatha Haldar, resident of village Malpota Basnaghat (Raina Pathar) under the jurisdiction of Morigaon Police Station, erstwhile District Nagaon, present District Morigaon. 11. In FT Case No. 597/1988, the reference was made by the Superintendent of Police (Border), Nagaon on 17.10.1987 during the force of the IM(D)T Act and the learned Member, Foreigners Tribunal, Nagaon passed the opinion dated 21.01.1992, during the force of the IM(D)T Act, noted above. 12. In Case No. FT (C) 278/2015 [Reference IM(D)T Case No. 929/2003 (State of Assam Vs. Kritibash Haldar and others] the Superintendent of Police (Border), Morigaon on 07.06.2005 made the reference against the petitioner Kritibash Haldar under the IM(D)T Act, during its force. 13. Similarly, in Case No. FT (C) 324/2015 [Reference IM(D)T Case No. 928/2003 (State of Assam Vs. Narayan Haldar and others)], the Superintendent of Police (Border), Morigaon on 07.06.2005 made the reference against the petitioner Narayan Haldar under the IM(D)T Act, Page No.# 6/9 during its force. 14. The Hon’ble Supreme Court in the case of Sarbananda Sonowal Vs. Union of India reported in (2005) 5 SCC 665 struck down the Illegal Migrants (Determination by Tribunal) Act, 1983 declaring it to be ultravires of the Constitution of India and pursuant to the direction of the Hon’ble Apex Court in the said case of Sarbananda Sonowal (supra), all the cases pending adjudication before different Foreigners Tribunals of the State under the IM(D)T Act were transferred for their adjudication under the Foreigners Act 1946. Accordingly, those two FT Cases, i.e., FT(C) 278/2015 and FT (C) 324/2015 that were pending for adjudication before the Foreigners Tribunal at Nagaon were transferred and placed before the leaned Member, Foreigners Tribunal, 3rd Morigaon, Assam, for its opinion under the Foreigners Act, 1946 and Foreigners (Tribunals) Order, 1964 Act, 1964. 15. On perusal of the records of the two FT Cases — FT(C) 278/2015 and FT (C) 324/2015 decided by the Foreigners Tribunal, 3rd Morigaon on 29.05.2019, it is seen that in their written statements, the petitioners did not state before the said Tribunal about the earlier proceeding against them in FT Case No. 597/1988 before the Foreigners Tribunal, Nagaon nor stated that pursuant to the earlier opinion dated 21.01.1992, passed by the Foreigners Tribunal, Nagaon in FT Case No. 597/1988, both of them had applied for registration of their names under the Citizenship Act before the concerned Foreigners Regional Registration Officer (FRRO) of Nagaon and Morigaon Districts on 12.02.1992, except stating that their father Pramatha Haldar, during his lifetime obtained a certificate of Registration as citizen of India vide Serial Number 137 dated 10.07.1960 issued by the Election Officer, the then concern Registering Authority, Nagaon. 16. It is also not the case of the respondent State that the said opinion dated 21.01.1992, passed by the Foreigners Tribunal, Nagaon in FT Case No. 597/1988 was challenged by them. It is clear that said opinion dated 21.01.1992, passed by the Foreigners Tribunal, Nagaon in FT Case No. 597/1988 is very much in force. 17. Moreover, pursuant to the said opinion dated 21.01.1992, passed by the Foreigners Tribunal, Nagaon in FT Case No. 597/1988, both of the petitioners on 12.02.1992 had applied for registration of their names under the prescribed Form XXIII under the provisions of Rules Page No.# 7/9 16D and 16F(1) of the Citizenship Rules, 1956, during its force, before the concerned Foreigners Regional Registration Officer (FRRO) of Nagaon and Morigaon Districts. As noted above, pursuant to the direction of the Court passed earlier in this proceeding, the State Respondents on verification admitted the fact that both the petitioners on 12.02.1992 submitted their Forms before the FRRO of Nagaon and Morigaon Districts for Registration of their names under the Citizenship Act, 1955 and Rules. 18. It is to be noted here in that after the insertion of Section 6A in the Citizenship Act, 1955 that relates to Special provisions as to citizenship of persons covered by the Assam Accord by the Act No. 65 of 1985 with effect from 07.12.1985, Rule 16D in the Citizenship Rules, 1956 was substituted by Notification No. G.S.R.25(E) dated 15.01.1987 that came into force with effect from 15.01.1987. 19. Rule 16D of the Citizenship Rules, 1956 that came into force from 15.01.1987 stipulated as follows: 16D. Reference to Tribunals: Where, in the case of a person seeking registration under sub-section (3) of Section 6A of the Act,— (a) any question arises as to whether such person complies with any requirement contained in the said subsection, or (b) the opinion of the Tribunal constituted under the Foreigners (Tribunals) Order, 1964 in relation to such person does not contain a finding with respect to any requirement contained in the said subsection other than the question that he is a foreigner, the registering authority shall, within fifteen days of receipt of an application in Form XXIII from such person, make a fresh reference to the Tribunal in this regard. 20. The Citizenship Rules, 1956 as amended was in force up to 24th February, 2009 till the coming in to the force of the Citizenship Rules, 2009 on 25-02-2009. Rule 43 of the Citizenship Rules, 2009 relates to Repeal and Saving and it stipulates that – 43. Repeal and saving. - The Citizenship Rules, 1956 is hereby repealed: Provided that such repeal shall not affect- (a) the previous operation of the said Rules or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Rules; or Page No.# 8/9 (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Rules; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced any such penalty, forfeiture, or punishment, may be imposed as if the said Rules had not been repealed. 21. From the above, it is clear that after the said opinion dated 21.01.1992, passed by the Foreigners Tribunal, Nagaon in FT Case No. 597/1988 in which the petitioners were found to be the foreigners of the stream of “after 01.01.1966 but before 25.03.1971 from the specified territory of Bangladesh” they, i.e., the petitioners submitted their respective applications in Form XXIII before the concerned FRRO on 12.02.1992, under the provisions of Rules 16D and 16F(1) of the Citizenship Rules, 1956, during its force, much within the prescribed time as provided by Section 6A of the Citizenship Act, 1955. 22. It is also not the case of the respondents that said Registration of the petitioners under the Citizenship Act, 1955 and the relevant Citizenship Rules, 1956, during its force were rejected by the concerned FRRO. 23. Considering the above, the impugned common opinion/order dated 29.05.2019, passed by the learned Member, Foreigners Tribunal, No.3, Morigaon, Assam in (i) Case No. FT (C) 278/2015 with regard to the petitioner, namely, Kritibash Haldar and (ii) Case No. FT (C) 324/2015 with regard to the petitioner Narayan Haldar are hereby set aside and quashed, for the reasons above. 24. Since both the petitioners have already registered their names before the FRRO of Nagaon and Morigaon Districts way back on 12.01.1992, in the appropriate Forms under the provisions of the Citizenship Act, 1955 and the relevant Citizenship Rules, 1956, during its force, therefore, both of the petitioners, named above, sons of late Pramatha Haldar are declared to be Indian Citizens. 25. With the above observation and direction, this writ petition is allowed to the extent above. 26. Registry shall return the respective records to the concerned Foreigners Tribunals along with the copies of this order. Page No.# 9/9 27. Registry shall also inform the Superintendent of Police (Border), Morigaon for its information and necessary action. JUDGE JUDGE Comparing Assistant