Gauhati High Court fines electoral officer for suspecting citizenship of retired army man

The Gauhati High Court on February 21, fined an Electoral Registration Officer (ERO) of the 52 Dibrugarh Legislative Assembly for referring a 38-year-old retired army personnel to the Foreigners Tribunal to determine whether he is an Indian citizen.

The High Court imposed a fine of Rs 10,000 on the ERO for filing a case of suspected citizenship against the retired Army official.

The court noted that the order of reference itself states that the ERO verified the question through on-the-spot local verification, which revealed Jagat Bahadur Chetri's 1937 birth date and Dibrugarh birthplace.
As a result, the division bench composed of Justice Robin Phukan and Justice Achintya Malla Bujor barua vacated the order of reference and ruled as follows:

"If Jagat Bahadur Chetri was born in 1937, his birthplace is Dibrugarh, and there is no evidence that he migrated to the specified territory and then re-entered the State of Assam subsequent to 25.03.1971, we are of the opinion that it was an absolute non-application of mind on the part of the ERO of 52 Dispur Legislative Assembly Constituency to have referred the petitioner to the Foreigners Tribunal for an opinion," the ruling states. 
 

The court also emphasized that the petitioner had been a member of the Indian Army since 1963 and had retired in 2005, and that the investigating officer had not performed its duties properly. The petitioner has no right to refuse to reveal that he has been a member of the Indian Army since 1963.

The court declared that the petitioner shall be entitled to all rights and privileges as a citizen of India as may be admissible under the law and held that the reference order shall not be maintainable.|

Also read : Supreme Court grants bail to Sivasagar MLA Akhil Gogoi in UAPA case registered by NIA