'Declared foreigner in NRC' File affidavit, High Court tells State Coordinator

GUWAHATI: Possible flaws in the NRC (National Register of Citizens) update process have come to the fore. In the latest instance, the Gauhati High Court has found that a woman, Rahima Begam alias Rahima Khatun of Nalbari district made it to the NRC when the case regarding the status of her nationality was being heard in a Foreigners Tribunal (FT). Significantly, the FT declared her a foreigner later.

In connection with the case (WP-C 3187/2020), the High Court ordered the State NRC Coordinator to "file a comprehensive affidavit and bring on record the situations along with necessary particulars, whereby inroads into the NRC may have been created by individuals who are undeserving and not legally entitled to be included in the NRC. The affidavit would not be confined to Nalbari district alone, but also of other districts as well".

Insofar as the present writ petition is concerned, the case records have already been received from the Tribunal concerned, the order of the High Court said.

The High Court observed that "it is not a solitary instance, inasmuch as in a number of cases we have noticed and recorded similar issue appearing. In the present case and in our earlier orders we have recorded that the name of the petitioner appeared in the National Register of Citizens even when proceedings against her had been initiated and continued on the basis of reference made by the Superintendent of Police (Border), Nalbari. Such an insertion of name is against the law. The said proceeding also ended by declaring the petitioner as a foreigner of the post-1971 stream."

The present writ petition in the High Court is basically a challenge to the FT's (Nalbari) opinion (order) of November 8, 2019 (case No. 523/2018).

On behalf of the State NRC Coordinator, its counsel SC Keyal submitted that "it has become vitally important to file an affidavit so that a clear picture can be projected as to how the name of the petitioner got included in the National Register of Citizens despite the fact that at the relevant point of time proceedings against her (Rahima Begam) was continuing."

Counsel Keyal also submitted that "if there are any similar instances, the same will be brought on record in the affidavit".

The division bench of the High Court comprised Justice Manojit Bhuyan and Justice Soumitra Saikia.

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