GUWAHATI: The Gauhati High Court has asked a man to apply for citizenship under the CAA after he was declared “foreigner” by a Foreigner’s Tribunal. After hearing a writ petition filed by Bablu Paul alias Sujit Paul, a HC bench set aside the May 8, 2017 order of the tribunal in Karimganj.
Paul had challenged the order saying that when he, as a two-year-old, had entered India along with his father and grandfather in 1964, they were given refugee status.
The petitioner said his grandfather’s name appeared in the voters’ list of 1966. It was submitted that since the petitioner’s grandfather was an Indian citizen by virtue of voting, Paul should be treated as Indian.
The tribunal, however, argued that even if the petitioner had migrated in 1964, he was born in East Pakistan and came to Karimganj in 1984. On finding certain discrepancies in the records, the tribunal took the view that these documents were collusively obtained and declared him an illegal immigrant.
The HC did not dispute that the document was issued by the Bengal government on October 7, 1964 to those who had migrated during that period. “…We are not in agreement with the tribunal that the petitioner had obtained the documents collusively…and with its declaration that the petitioner is a foreigner,” the bench said.
“…We are also unable to declare him an Indian for he was not born in this country.” In the light of this, the bench set aside the tribunal’s order and directed Paul to apply for registration as Indian citizen under the CAA immediately,