4.
Violations of Natural Justice and the Right of Due Process
Rajendra Das as the son of Radha Charan, whereas the 1966 Voter Roll identified Rajendra Das as
the son of Radhacharan Das.388 This was termed as a discrepancy without considering the possibility
that the official who recorded Rajendra Das as a voter might have inadvertently omitted the surname
‘Das’ from his father’s name. Thus, Justice Roy failed to consider that this should not have been the
sole basis for rejecting the evidence. Similarly, Justice Manojit Bhuyan ruled that Ibrahim Ali was
unable to establish that Late Nurul, listed as his father in the 1989 Voter Roll, was the same person
as Nurul Islam, recorded in the 1965 and 1970 Voter Rolls.389 Again, he overlooked the possibility that
the official may have dropped ‘Islam’ from the father’s name, or the family may have referred to the
father as ‘Late Nurul’ after his death.
Spelling errors also explain mismatches between names in voter rolls and Gaon Panchayat
certificates. In one case, Hazara Khatoon’s father appeared as Amul Suvan in the 1966 roll, while the
Gaon Panchayat Secretary testified she was the daughter of Abdul Sobhan, whom he had known for
15 years.390 Despite her explanation that Abdul Sobhan was misrecorded as Amul Suvan—most likely
by an Election Commission officer unfamiliar with linguistic and religious traditions of this minority—
Justice Bujor Barua dismissed the writ petition, holding that lineage must link to the specific name in
public records and rule out other possibilities. Disconcertingly, Justice Barua articulated an unseemly
high—and one might argue unrealistic—evidentiary standard. The order noted that the defendant
must establish “that the lineage is not only with respect to the person whose name appears in the
public documents relied upon but at the same time rules out the possibility of it being linked to any
other person having a same or a similar name.”391
120
Yet there are rare cases where the High Court appears to take a more realistic view of
documentation. In Subha Das, Justice B.K. Sharma accepted that variations in surname (e.g., Roy
and Das) could arise from clerical error, especially when later rolls corrected the names.392 But, such
rare cases do not ameliorate an otherwise dismal picture of adjudication, and in fact further highlight
the capriciousness in the appreciation of evidence (see Chapter 5, §5.2.1)
388
Rajendra Das v. State of Assam WP(C) 1602/2010 (Gauhati High Court, 27 July 2010).
Ibrahim Ali Mir @ Md. Ibrahim Ali v. Union of India WP(C) 3260/2019 (Gauhati High Court, 14 June 2019).
390
Musst. Hazara Khatoon v. Union of India WP(C) 7317/2016 (Gauhati High Court, 22 January 2019).
391
ibid [15].
392
Subha Rani Das @ Subha Das v. State of Assam WP(C) 3854/2010 (Gauhati High Court, 7 October 2015).
389
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