Gauhati High Court Grants Relief To Assam Resident Whose Deceased Mother Was Declared 'Foreigner' By Ex-Parte Opinion Of Foreigner's Tribunal

The Gauhati High Court on Monday came to the rescue of an Assam resident aggrieved by an ex-parte opinion of the Foreigner's Tribunal, declaring his dead mother a 'foreigner'.

The petitioner, Tarapada Namadas, contended that because of such opinion, his legal rights otherwise as a citizen of India are being questioned by some of the authorities. However, finding the opinion to be "unsustainable in law", the division bench comprising Justice Achintya Malla Bujor Barua and Justice Robin Phukan ordered,

"all legal rights of the petitioner as a citizen of India, without taking any recourse to an ex-parte opinion of a Foreigners Tribunal against his mother, would be available to the petitioner."

The petitioner referred to a voters’ list of 1966 which allegedly contained the name of his mother, Sorojoni Namadas.

The High Court said that there was confusion with respect to official name of Petitioner's mother "but still the materials as indicated above lead in favour of a declaration that there cannot be any ex-parte opinion rendered in a Foreigners Tribunal against the mother of the petitioner."

It added that notice was not appropriately served upon Sorojoni. "There is a report by the Process Server containing the signature as well as the left thumb impression of Sorojoni Das in the year 1997. If Sorojoni Das died in the year 1991, the report of the Process Server appears to be a frivolous report," it observed.

Standing in face of such discrepancies in the Tribunal's opinion, the High Court allowed the petition and granted relief.

Case Title: Tarapada Namadas v. The Union of India & 5 Ors.

Citation: 2023 LiveLaw (Gau) 18