Radhika Mittal
In a significant development, the Supreme Court of India has halted the deportation of Maya Rani Barman, a woman declared a foreigner by a Foreigners’ Tribunal in Assam. The decision came in response to an appeal against the January 11, 2024, judgment of the Gauhati High Court, which upheld the Tribunal’s 2019 order declaring her a foreigner.
A Bench comprising Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, has sought responses from the Union and Assam governments, the Election Commission of India, and the National Register of Citizens (NRC) Coordinator within three months.
“In the meantime, no coercive steps shall be taken against the petitioner on the basis of the impugned judgment and order dated January 11, 2024, of the Gauhati High Court,” the Supreme Court directed on May 17, 2024.
Maya Rani Barman, who belongs to the Rajbonshi community, challenged the High Court’s decision on grounds that it was practically impossible for her to produce the necessary documents. Originally from Cooch Behar in West Bengal, Barman moved to Assam after her marriage. She contended that her parents’ old voter cards, crucial for proving her Indian citizenship, were unavailable as her parents had passed away, and other documents were lost in floods.
Her appeal also highlighted that it was the impractical ity to produce the headmaster of producing her school-leaving certificate’s headmaster for cross-examination, as he resides in West Bengal, while the case is being heard in Lakhimpur, Assam.
This case underscores the complexities involved in proving citizenship in Assam, particularly for individuals who have migrated from other states. The Supreme Court’s intervention provides temporary relief to Barman while the case continues to be examined.
Senior Advocate Pijush Kanti Roy, along with advocates Pritthish Roy, Kakali Roy, Sanatan Ghosh, Varun Chugh, Vinayak Sharma, Sharath Nambiar, and Rajan K Chourasia, represented the appellant, Maya Rani Barman.
This case underscores the complexities involved in proving citizenship in Assam, particularly for individuals who have migrated from other states. The Supreme Court’s intervention provides temporary relief to Barman while the case continues to be examined.
Case Name: Maya Rani Barman vs Union of India and Ors.
Bench Members: Chief Justice of India (CJI) DY Chandrachud, Justices JB Pardiwala, and Manoj Misra