No pending case in any FT, yet genuine Indians are marked ‘D-Voters’!

July 22: The concept of D-voter was first included exclusively in the electoral rolls in Assam in 1997. Once the Election Commission of India (ECI) assigns the ‘D-voter’ tag against somebody’s name, then District Electoral Registration Officer forwards the matter to the jurisdictional Superintendent of Police(Border) for getting an opinion from the competent Foreigner`s Tribunal . A latest revelation about the D-voters is a cause of serious concern at a time when the stage is almost set for the publication of the complete draft NRC on 30 July, 2019 as directed by the Apex Court of India. It has, of late, come to light that quite a number of the already identified doubtful or D-voters have no cases pending against them.

Ramesh Chandra Deb (changed name), is one among 71 odd D-voters (doubtful voters) in Cachar, Assam, who are caught between the ‘devil’ and the ‘deep sea’. Yes, he is a bonafide Indian citizen, but he cannot cast his vote for last 22 years being a D-voter. His father was a share holder of Dakheswari Cotton Mill Pvt.Ltd. in the year 1930 and his father’s name was also enlisted in the 1965 Voter List.  Ramesh Chandra Deb (changed name) was a retired Head Master of M.E.School under Lakhipur Assembly Constituency, Cachar, Assam.He passed his HSSLC examination in the year 1973 and his name was also enlisted in the voter list for the first time in the year 1975.

Ramesh Chandra Deb filed a prayer to the Superintendent of Police (Border) to check his name and came up empty-handed. On 22 May, 2014, S.P.(B),Cachar, Silchar replied in writing that “There is no reference as against Ramesh Chandra Deb at the Foreigners’ Tribunal, nor there is any case that has been put up before the SP (Border) for verification of this person.”

On 29 July, 2016, Ramesh Chandra Deb filed a petition before the District Electoral Registration Officer, Cachar and in his petition he stated that as no proceedings was initiated against him at any Foreigner’s Tribunal, Cachar, Silchar till now after such marking in the year 1997, so the tag of “D” Voter against his name may kindly be removed after due inquiry at District Electoral Registration Officer`s level. After this, as per State Election Commission`s Letter No.ELE.94/2008/Pt./275,dated-08/12/2016, the District Electoral Registration Officer, Cachar assigned Shri Anurag Phukan, ACS, Executive Magistrate, Silchar for a magisterial inquiry and was asked to submit a detail report highlighting the cause of “D” mark against the name of Ramesh Chandra Deb (changed name). Then on 17 February, 2017, the said executive Magistrate submitted his enquiry report wherein he stated that “apart from clerical mistake no other reason is behind the “D” marking against the name of Ramesh Chandra Deb.”`

In view of the report furnished by the Superintendent of Police (B), Cachar, Silchar, dated-22-05-2014 and enquiry report dated-17/02/2017 as mentioned above, the Electoral Registration Officer ,L.A. 13, Lakhipur, Cachar, Silchar has passed a speaking order on 01/06/2018 and stated that “Ramesh Chandra Deb is a genuine Indian citizen. Further, the necessary step to remove “D” mark against his name from the electoral Roll, 2018 may be taken whenever the e-link is made available.” But as per electoral roll 2019, he has been living under the shadow of being a D-voter.

It was then that Ramesh Chandra Deb filed a writ petition before the Gauhati High Court and on 19/03/2019 the Gauhati High Court directed the ERO, Lakhipur, Cachar to “forward the case of Ramesh Chandra Deb to the Superintendent of Police within a period of 60 days w.e.f 19-03-2019”. But as per petition dated-19-06-2019 of Ramesh Chandra Deb, it is more than 60 days now and on enquiry at the office of the S.P.(B), Cachar, it has been found by him that no report/case in this matter has been received by the S.P(B) from ERO, Lakhipur as yet.So, it is a gross violation of Gauhati High Court Order dated-19/03/2019.

Speaking to way2barak, advocate Dharmananda Deb said, Sri Diganta Das, Joint Chief Electoral Officer, Assam has filed one affidavit on 14.7.2017 in another WP(C) 1288/2016 before the Gauhati High Court. In paragraph-7 of the said affidavit, it is stated that the tag “D” Voter from the Electoral Roll cannot be removed without an order from the concerned Foreigners’ Tribunal. So how the Electoral Registration Officer has passed a speaking order that the necessary step to remove “D” mark against his name from the electoral Roll, 2018 may be taken whenever the e-link is made available? Besides this, another big question is that the said ERO has already opined that he is a genuine Indian Citizen. As such, now on what ground he referred the same person as “D” Voter before the concerned Foreigner`s Tribunal through Superintendent of Police(B) ? It is therefore clear that  they have violated the verdict of Gauhati High Court.

The onus for committing such a grave error lies on the administration entrusted with the Cachar district as well as the police administration. The election officer and the border police should intimate the Foreigners Tribunal (FT) of all such cases. But, the manner in which this strategically serious issue has been handled all these years definitely puts a question mark on the functioning of both the above mentioned departments. The NRC authority has already collected the names of all D-voters LAC-wise from the State Election department. So it is clear that the names of none of the D-voters and their descendants would be included in the final NRC.