WP(C)/8452/2018 of RABINDRA BISWAS Vs THE UNION OF INDIA AND 5 ORS. on 21 December 2018

O R D E R

Heard Mr. B.K. Bhattacharjee, learned counsel for the petitioner as well as Ms. G.Sarmah, learned counsel for respondent no.1; Mr. A.I. Ali, learned counsel for respondentno.2; Mr. J. Payeng, learned counsel for respondent nos.3, 4 & 5 and Ms. A. Verma,learned counsel for respondent no.6.

It is submitted that the petitioner was declared to be a foreigner, having illegallyentered into India between 01.01.1966 to 24.03.1971, vide order dated 08.08.1989passed by the Foreigners’ Tribunal, Lakhimpur, North Lakhimpur in F.T. Case No.287/1989. It is stated that the petitioner registered himself before the concerned office of theForeigners Regional Registration Officer (FRRO), North Lakhimpur vide RegistrationNo.NLP/78/89 dated 14.12.1989, as required under the provisions of Section 6A of the Citizenship Act, 1955. Grievance expressed is that despite registering, the name of thepetitioner have not appeared in the National Register of Citizens (NRC) although he hascompleted the mandatory 10(ten) years period, statutorily required under sub-section (4)of Section 6A of the Citizenship Act, 1955.

Mr. J. Payeng, learned State Counsel submits that as the petitioner has not enclosedthe 10 year completion Certificate which is to be issued by the concerned Superintendentof Police (Border), the petitioner may approach the said authority to obtain the same. Thereafter, the petitioner can make representation before the Electoral RegistrationOfficer (ERO), North Lakhimpur, together with the completion Certificate, for his doing theneedful in accordance with law.

Having heard the learned counsel for the parties, we are of the considered view thatthe suggestion made by Mr. Payeng needs to be taken on board. We accordingly disposeof the writ petition leaving it open to the petitioner to approach the Superintendent ofPolice (Border), North Lakhimpur for the purpose of obtaining the 10(ten) year completionCertificate of having registered his name with the Registering Authority and thereafter tomake representation to the Electoral Registration Officer (ERO), North Lakhimpur fortaking steps towards inclusion of the name of the petitioner in the NRC and the ElectoralRoll in accordance with law. On representations so made, the respective authorities shalldo the needful by passing appropriate order as expeditiously as possible.

With the above observation and direction the writ petition stands disposed of.

JUDGE JUDGE

Comparing Assistant