The Supreme Court of India recently intervened in the case of Maya Rani Barman vs. Union of India and others, halting the deportation of a woman declared a foreigner by a Foreigners’ Tribunal in Assam.
Court’s Directive
A bench comprising Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, has sought responses from:
- The Union Government
- The Assam Government
- The Election Commission of India
- The National Register of Citizens (NRC) Assam Coordinator
These responses are to be provided within three months. Meanwhile, the Court has ordered that no coercive actions be taken against the petitioner based on the Gauhati High Court’s judgment dated January 11, 2024.
Petitioner’s Case
The petitioner, Maya Burman, is from the Rajbonshi community and challenged the Gauhati High Court’s decision dated January 11, 2024. The High Court had affirmed a 2019 Foreigners’ Tribunal order declaring her a foreigner after she failed to present necessary documents, including her parents’ old voter cards.
Appeal Arguments
- Document Inaccessibility: The appeal argued it was practically impossible for Burman to obtain the required documents as she moved to Assam after marriage from Cooch Behar in West Bengal. Her parents, both Indian citizens, are deceased, and their documents were destroyed in floods.
- School-Leaving Certificate: The High Court had rejected her school-leaving certificate as proof of Indian residency and citizenship because the headmaster was not cross-examined. Burman contended that it was unreasonable to expect her to bring the headmaster from West Bengal to Assam.
Legal Representation
Maya Barman was represented by a legal team comprising:
- Senior Advocate Pijush Kanti Roy
- Advocates Pritthish Roy, Kakali Roy, Sanatan Ghosh, Varun Chugh, Vinayak Sharma, Sharath Nambiar, and Rajan K Chourasia
Multiple Choice Questions (MCQs):
- Who issued the order to halt the deportation of Maya Rani Barman?
- A. The Assam Government
- B. The Supreme Court of India
- C. The Election Commission of India
- D. The National Register of Citizens (NRC) Coordinator
- Answer: B. The Supreme Court of India
- What was the original ruling against Maya Rani Barman based on?
- A. She failed to pay taxes
- B. She was declared a foreigner by a Foreigners’ Tribunal
- C. She committed a criminal offense
- D. She violated immigration laws in another country
- Answer: B. She was declared a foreigner by a Foreigners’ Tribunal
- What did the Gauhati High Court confirm on January 11, 2024?
- A. Maya Rani Barman’s citizenship
- B. The Foreigners’ Tribunal order from 2019 declaring her a foreigner
- C. The dismissal of her school-leaving certificate
- D. Her right to vote in Assam
- Answer: B. The Foreigners’ Tribunal order from 2019 declaring her a foreigner
- Why was it argued that Maya Rani Barman could not produce the necessary documents?
- A. The documents were lost in a fire
- B. She never had the documents
- C. Her parents had passed away and the documents were destroyed in floods
- D. The documents were stolen
- Answer: C. Her parents had passed away and the documents were destroyed in floods
- Who led the legal team representing Maya Rani Barman?
- A. Pritthish Roy
- B. Kakali Roy
- C. Pijush Kanti Roy
- D. Sanatan Ghosh
- Answer: C. Pijush Kanti Roy