Assam NRC Published On August 31, 2019 Is Final, Rules Foreigners Tribunal Rejecting State's Objection
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The Assam's Foreigners Tribunal in Karimganj has recently observed that the NRC list published in the year 2019 is final. The observation came while the Tribunal declared a doubtful voter, whose name appeared in the final NRC list, as an Indian citizen."..Final NRC, (i.e. Supplimentary List of NRC together with Draft NRC) has been published on 31.08.2019 which is available online in the...
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The Assam's Foreigners Tribunal in Karimganj has recently observed that the NRC list published in the year 2019 is final. The observation came while the Tribunal declared a doubtful voter, whose name appeared in the final NRC list, as an Indian citizen.
"..Final NRC, (i.e. Supplimentary List of NRC together with Draft NRC) has been published on 31.08.2019 which is available online in the official website of NRC Assam wherein also it's refered and mentioned as "Final NRC". This legal position is still in force. The National Identity Cards have yet to be issued to the Citizens whose names have been indluded in Final NRC. But there is no doubt that this NRC Assam published in 2019 is nothing but Final NRC," the Tribunal said.
The Tribunal noted that the NRC was prepared as per the orders of the Supreme Court, under its monitoring, and was finalized as per the deadline set by the Supreme Court.
Bikram Singha's citizenship was suspected by the Electoral Registration Officer after his name was enrolled in the voter list for the year 1997. It was alleged that he had not produced relevant documents to the Local Verification Officer. Thus, he was marked as a Doubtful Voter. However, the Final NRC list included his name along with the names of his father and other family members.
Doubtful Voter are those persons who are identified during electoral roll revision as D Voters, cases of whom are pending with the Foreigners Tribunals or are declared as foreigners by the Tribunal. These voters can apply for inclusion of their names in the updated NRC. However, a "D" Voter's name will only be included in NRC after getting clearance from the Foreigners Tribunals and on removal of their names as "D" Voter from the Electoral Roll.
"Appearance of O.P.s name in FNRC (final NRC), at least establishes his relationship, though not necessarily and lawfully establishes his citizenship due to pendency of this case. The pendency of the case against the O.P. before this Foreigners Tribunal might not be traced by the NRC Authority and as such his name appeared in Final NRC," the Tribunal said.
It added:
"His inclusion of name in Final NRC may be validated only if this reference case is answered in his favour. The names of other persons of his family in Final NRC may be conclusive proof of their Indian citizenship."
It was Singha's case that he was born in the year 1978 and was an Indian citizen by birth. It was argued that his father and grandfather were permanent residents of the village where he was born.
It was also his case that his father served in the Indian Air Force from 1972 to 2001 and that the father's name was enlisted in the Voters List of 1970 while his name was enlisted in the voters list of 1997.
To support the claims, various documents were submitted by him in order to prove his citizenship including electoral role of 1970 and 1997, land document, father's discharge certificate book, father's pension payment order, list of final NRC showing his as well as his family members' names, his Aadhar card and school certificate.
Inclusion of his name in the final NRC list was vehemently opposed by the State as being illegal due to pendency of tribunal's case. It was submitted that a proceedee in a pending case before Foreigners Tribunal was not eligible for inclusion in the list as per the approved SOP of NRC Assam.
Expressing doubt about finality of Assam NRC published on 31 August 2019, the Advocate for the State argued that the said list cannot be considered as a legally valid document. Furthermore, it was argued that since Singha had not submitted any document issued prior to 1 January 1966, there remains a shadow of doubt that the he was a foreigner of the stream between January 1, 1966 and March 24, 1971, migrated from Specified Territory.
On the applicability of sec. 3 of the Citizenship Act which talks about citizenship by birth, the Court said:
"On careful perusal of Section 6A and Section 3 of the Citizenship Act It's clear that Section 6A deals with "persons come to Assam from Specified Territory" and their children are not covered by the provisions of section 6A but are covered within the ambit of section 3 of the Citizenship Act 1955. Thus Section 3 of the Citizenship Act is applicable in Assam as rest of India unless and until it's repealed, amended or struck down, but nothing of these has happened yet."
In view of the aforesaid, the Court declared Singha as an Indian citizen after presuming that he was born in India prior to July 1, 1987 when his father was in continuous service of IAF. Accordingly, he was declared as a citizen of India by Birth in terms of section 3(1)(a) of the Citizenship Act 1955.
"There is nothing adverse found on record against the O.P. so as to doubt the identity, relationship or linkage and the citizenship of the O.P.," the Court said.
Case Title: State v. Bikram Singha