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Man in Assam enjoyed citizenship rights despite being declared foreigner in 1999
As per the Citizenship Act, 1955, people who entered Assam between January 1, 1966, and March 25, 1971, and have been found to be foreigners are supposed to register themselves with the nearest authorities within 60 days
A man in Assam continued to enjoy the rights and privileges of an Indian citizen, including voting, for over 20 years despite being declared a foreigner in 1999. The matter came to light during the of hearing of Jagat Ghosh’s petition in the Gauhati high court challenging verdict of a foreigners’ tribunal declaring him a foreigner.
The tribunal found Ghosh, a resident of Lanka in Nagaon district, entered Assam between January 1, 1966, and March 25, 1971. On May 3, 1999. it passed an ex-parte order against Ghosh for failing to appear in person or submitting documents to prove that he entered Assam prior to January 1, 1966. He was directed to get himself registered as a foreigner with the superintendent of police (border), Nagaon.
As per the Citizenship Act, 1955, people who entered Assam between January 1, 1966, and March 25, 1971, and have been found to be foreigners are supposed to register themselves with the nearest authorities within 60 days. Their names, if included in electoral rolls, have to be removed for 10 years but they will continue to enjoy other rights accorded to citizens. After 10 years, they can be declared Indians for inclusion of their names on voters’ lists.
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In his petition, Ghosh claimed due to his ignorance he did not get registered as a foreigner even after the tribunal passed its order. He added he came to know about the tribunal’s order in 2018, following which he approached the high court in 2020.
“From the documents annexed by the petitioner, it appears that the petitioner had been casting his vote...continuously from 1970 to till date, thus virtually enjoying all the rights and privileges of being a citizen...,” justices N Kotiswar Singh and Malasri Nandi said in their order passed on November 3.
“Unfortunately all the state authorities involved in the process of detecting foreigners were also oblivious of the ex-parte order passed by the foreigners’ tribunal..”
The court directed Ghosh to get himself registered with the Foreigner Regional Registration Officer in Nagaon within 60 days while disposing of the petition.
