STAFF REPORTER
GUWAHATI: A declared foreigner has been availing all the rights as an Indian citizen, including the voting right. It has come to light in the Gauhati High Court.
The declared foreigner is Jagat Ghosh of Jothang Basti under Lanka Police Station. On May 3, 1999, the Nagaon FT (Foreigners Tribunals) held Jagat Ghosh, who had entered the state in the January 1, 1966-March 25, 1971 stream of foreigners, a foreigner. The FT directed the foreigners of that stream to register their names with the Foreigners Regional Registering Officer of the Nagaon district, but Jagat Ghosh did not.
The High Court said, "Since the petitioner had been declared to be a foreigner who had entered India from the specified territory within the period from January 1, 1966, to March 25, 1971, after the expiry of ten years from the date on which he had been detected a foreigner, he would be declared an Indian. However, to get the benefits of citizenship, he has to register himself before the competent authority.
"In the present case, it is the case of the petitioner that because of his ignorance he could not get himself registered before the competent authority after he was declared a foreigner..."
"…it also appears that the petitioner had been casting his vote as an electorate under No. 92 Lumding Legislative Assembly Constituency continuously since 1970 to date, thus, virtually enjoying all the rights and privileges of being a citizen of this country. Unfortunately, all the State authorities involved in the process of detecting foreigners were also oblivious of the ex parte order passed by the Foreigners Tribunals, Nagaon…"
The High Court said, "We are of the view that though the registration has to be done within 60 days, we allow the petitioner to register himself before the registering authority concerned despite the delay…"
It is just an example. There may be many more declared foreigners in Assam availing of all benefits entitled to an Indian citizen.
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