Observation made by division bench of Gauhati HC while hearing petition filed by Munindra Biswas who was declared foreigner by foreigners’ tribunal in July last year
Guwahati: In a recent development, Gauhati High Court observed that voter’s ID card cannot be treated as proof of citizenship in the context of Assam Accord 1985.
A division bench headed by Justices Manojit Bhuyan and Parthivjyoti Saikia dismissed a petition filed by Munindra Biswas challenging the decision of a foreigners’ tribunal which declared him a foreigner in July last year.
Biswas claimed Indian citizenship by birth and residence in Margherita town of Tinsukia district. He submitted the voters' list of 1997 which had his name as proof of his citizenship.
According to the petitioner, his grandfather hailed from Nadia district of West Bengal and migrated to Assam in 1965. Biswas submitted the registered sale deed of the plot purchased by his father in 1970 in Tinsukia, and the 1997 voters' list. However, Gauhati HC upheld the foreigners' tribunal's decision that electoral photo identity card or voter ID card cannot be treated in isolation as conclusive proof of citizenship.
The HC asserted that since no voters' lists prior to 1997 were submitted, the tribunal was right in deducing that he failed to prove that his parents entered Assam prior to January 1, 1966.