'Non-application of mind': Gauhati HC on ex-soldier declared foreigner in Assam
2 min read . Updated: 23 Feb 2023, 11:01 PM IST
Premium- The high court also ordered the election official who was classified as a ‘doubtful voter’ (D-Voter) to pay Chetri ₹10,000 as compensation
While making some strict remarks against the election officials, the Guwahati high court set aside a foreigners’ tribunal’s ruling that declared 85-year-old Jagat Bahadur Chetri, a Gorkha resident of Assam as an illegal immigrant. The high court also ordered the election official who was classified as a ‘doubtful voter’ (D-Voter) to pay Chetri ₹10,000 as compensation.
The bench of justices Achintya Malla Bujor Barua and Robin Phukan disposed of a petition in 2019. While noting that Chetri was born in Dibrugarh and there is no material evidence that he migrated to Bangladesh, the high court said that the case involves “non-application of mind" on part of the election official.
“If Chetri was born in 1937 and his birthplace is Dibrugarh, and there is no material (to demonstrate) that subsequent to his birth, he migrated to the specified territory (Bangladesh) and thereafter re-entered Assam subsequent to March 25, 1971, we are of the view that it was an absolute non-application of mind on the part of the ERO (electoral registration officer)," the high court said in its order on Monday.
During the proceedings of his case, it was revealed that Chetri served the Indian Army for 38 years from 1963 till his retirement in 2001.
Despite an on-spot verification by the geology and mining department which verified that Chetri was born in 1937 in Dibrugarh, he was wrongly classified as a D-Voter in the electoral rolls. This classification was based just on a reference by the Dispur assembly seat ERO who raised questions about his citizenship.
Following the questions on his citizenship, two cases were registered against Chetri one in 2000 under the (now-abolished) Illegal Migrants (Determination by Tribunals) Act and another in 2011 about his D-Voter status with the foreigners’ tribunal of Kamrup (Metropolitan) district.
The high court observed that the opinion of ERO was “not maintainable in court" and also set aside the order of the foreigners tribunal which declared Chetri an illegal immigrant in 2012.
“However, for causing inconvenience to the petitioner (Chetri) without any reasonable cause and without any application of mind, a cost of ₹10,000 is imposed on the ERO of Dispur assembly constituency to be paid to the petitioner," the order read.
“It is also provided the petitioner shall be entitled to all the rights and privileges as a citizen of India as may be admissible under the law," the order added.