Supreme Court halts deportation of Cooch Behar woman declared foreigner by tribunal

The Supreme Court recently halted the deportation of a woman who was declared a foreigner by a Foreigners' Tribunal in Assam [Maya Rani Barman vs Union of India and ors]..A Bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra sought the response of the Union and Assam governments, the Election Commission of India and the National Register of Citizens Assam Coordinator in the matter 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 Court directed on May 17..The petitioner, one Maya Burman belonging to the Rajbonshi community, moved the apex court challenging a January 11 decision of the Gauhati High Court.The High Court had confirmed a 2019 Foreigners' Tribunal order that had declared her a foreigner after she failed to produce necessary documents including her parents' old voter cards..The appeal said that it was 'practically impossible' for the woman to get the documents as she shifted to Assam on account of her marriage, while originally belonging to Cooch Behar in West Bengal."In course of her migration, it was not possible to keep track of those documents since her parents have already died," the plea said.Other documents establishing her link to her parents, both Indian citizens, have been destroyed in floods, it was contended.Further, the High Court wrongly discarded her school-leaving certificate as proof of Indian residency and citizenship on grounds of the headmaster not having been cross-examined."It is not possible for her to bring the Headmaster from West Bengal to Lakhimpur, Assam," she said. .Senior Advocate Pijush Kanti Roy with advocates Pritthish Roy, Kakali Roy, Sanatan Ghosh, Varun Chugh, Vinayak Sharma, Sharath Nambiar and Rajan K Chourasia appeared for the appellant, one Maya Barman..[Read Order]