Gauhati High Court fines Electoral Registration Officer (ERO) for questioning citizen of a Gorkha Defence veteran.
85 years old Jagat Bahadur Chetri a Gorkha defence veteran was declared bonafide Indian citizen by the Gauhati High Court, who was marked 'D meaning Doubtful Voter' in Electoral Roll since 1997.
~Nanda K Dewan
The Honorable Gauhati High Court 20th Feb 2023 Monday imposed a fine of Rs. 10,000/- on Electoral Registration Officer (ERO) of 52 Dibrugarh Legislative Assembly constituency, for referring to Foreigners Tribunal, a retired defence personnel Jagat Bahadur Chetri 85 who served at the 14 FAD ( Field Ammunition Depot) of the Indian Army at Satgaon near Amsing Jorabat under Narengi Army Cantonment. Chetri retired in 2005 after 38 years of service who joined Indian Army in 1963. The ERO had referred him to the Foreigners Tribunal (FT) for trial as to whether he is a citizen of India.
The court observed that the order of reference itself provides that the ERO had got the matter verified by on the spot local verification on the question and it was found that the date of birth of Jagat Bahadur Chetri is 1937 and the place of birth is Dibrugarh.
Setting aside the order of reference, the division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan held, "If Jagat Bahadur Chetri was born in the year 1937 and his place of birth is Dibrugarh and there is no material that subsequent to his birth, he migrated to the specified territory ( Bangladesh as defined in the Assam Accord 1985) and thereafter re-entered the state of Assam subsequent to 25th March 1971, we are of the view 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 court further highlighted that the petitioner was serving in the Indian Army since 1963 and retired in 2005 and the enquiring officer had not done its duty in the proper earnest.
The court held that the reference order is not maintainable and declared that the petitioner shall be entitled to all the rights and privileges as a citizen of India as may be admissible under the law.
For causing inconvenience to the petitioner, the court also imposed a fine of Rs. 10,000/- on the ERO.
Bharatiya Gorkha Parisangh (BGP) the national social organisation of the Gorkhas in India that was spearheading NRC case of the Gorkhas in the Supreme Court and D Voters case with the Election Commission of India welcomed the judgement and upheld the verdict. BGP is of the opinion that the courts ruling to cost fine of Rs 10,000/- for causing harm to the bonafide citizen should not only act as deterrent for all officers of Election Commission of India in Gorkhas case but also educate police officers of Border branch not be casual in questioning citizenship of a Gorkha.
When contacted for reaction Prakash Dahal, President of BGP Assam State unit said, 'Bharatiya Gorkha Parisangh is very much agitated towards the process of serving notices to the Gorkhas bonafide citizen of India as foreigners with an opinion that the 'son of the soil' entered Assam from a specified territory after 24th March 1971 midnight. Time and again we brought this matter to the authorities concerned but there was no heed.
Our decent to the said matter is now clearly proved in the court of law as to how the patriotic Gorkha citizens are simply harassed by the concerned Election Officers who was so reluctant to verify the facts and callously charged a baseless and false allegation on a law abiding ex-serviceman Gorkha who had sacrificed his life in service of the nation.'
'Being tried at Foreigners Tribunal (FT) meant insult on my Gorkha ethnicity. I was born as an Indian and glad that will die as an Indian.' said an ailing Chetri while taking to this correspondent over phone. He feels relieved and free from a heavy weight of insult on his forehead for being tried as a doubtful voter. He felt that the court must have fined the ERO for dereliction in duty and causing harm to his self respect and questioning his citizenship.
'Jagat Bahadur Chetri case is not a single example but many such cases against genuine Indian Gorkhas in the civil society are also still pending. Therefore, we urge upon the Election Commission of India to drop all D Voters arbitrarily marked since 1997 and also those who haven't been tried at the Foreigners Tribunal and delete the D mark from the Electoral Roll against the names of Gorkha voters. It will not only provide relief to the Indian Gorkhas but also install self esteem of the 'sons of the soil'., stressed Dahal.
Advocate of the Gauhati High Court and National Working President of the Bharatiya Gorkha Parisangh (BGP) Nityananda Upadhyay told this this correspondent that the honourable court must have referred previous judgements where high court overturned verdicts by the Foreigners Tribunal (FT) declaring genuine Indian Gorkhas as Foreigners having migrated from the specified territory'. This is not an isolated case, the court previously have heard Gorkhas matter on this subject and passed legal and logical judgement restoring community's faith on judiciary and democracy.
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