Abdul Rashid v. The Union of India

ORDER Date : 23.05.2023 (AM Bujor Barua, J)

Heard Mr. AR Sikdar, learned counsel for the petitioner. Also heard Ms. L Devi, learned counsel for the respondents no. 1 and 5 being the authorities under the Union of India and NRC respectively, Mr. J Payeng, learned counsel for the respondents no. 2 and 3 being the authorities under the Home Department of the Government of Assam, Mr. AI Ali, learned counsel for the respondent no. 6 being the authorities under the Election Commission of India and Ms. K Phukan, learned counsel for the respondent no. 4 being the Deputy Commissioner, Goalpara.

¶2The petitioner Abdul Rashid had been referred to the Foreigners' Tribunal No. 5, Goalpara for rendering an opinion as to whether he is a person who entered the State of Assam from the specified territory on or after 25.03.1971, resulting in registration of Case No. F.T/5/278/MA/2016. The Tribunal rendered an opinion dated 12.07.2017 declaring the petitioner to be a foreigner.

¶3Being aggrieved, this writ petition is instituted.

¶4In the writ proceeding reliance is placed on the voters' list of 1966 of Page No.# 3/4 village Ramapara Pam PS Baghbor Mouza Baghbor in the present Barpeta district which contains the names of Tarifullah Sheikh S/O Hadu at Sl. No. 230 and that of Hajira Khatun W/O Tarif at Sl. No. 231 and that of Foijila Bewa W/O Sobur at Sl. No. 232 and all of them are shown to be residing in the same house no. 55. It is stated that Foijila Bewa is the mother of the petitioner and Sobur is the father and that Sobur is the son of Tarifullah Sheikh but unfortunately Sobur predeceased Tarifullah Sheikh and therefore, his name does not appear in the voters' list of 1966 of village Ramapra Pam. To show that the Sobur is the son of Tarifullah Sheikh, reliance is placed on certain revenue paying receipts dated

03.01.1956 and 28.01.1958 which contains the information that the revenue amount was received from Abdul Sobur S/O Tarifulla in respect of a plot of land of village Ramapara Pam. Accordingly, it is sought to be established that Abdul Sobur is the son of Tarifullah Sheikh of the voters' list of 1966 of village Ramapara Pam.

¶5To substantiate that the petitioner Abdul Rashid is the son of Abdul Sobur who in turn is the son of Tarifulla Sheikh, reliance is placed on a jamabandi of a plot of land of village Ramapara Pam wherein as per the order of the Circle Officer dated 10.10.2017 in Mutation Case No. BAR/BAG/2017-18/806/FMUT land had been mutated, in favour of, amongst others, Abdul Rashid S/O Sabur Hussain in place of Sabur Hussain and in the names of the pattadars it is indicated that in place of Tarifullah Sheikh S/O Hadu and Sabur Hussain S/O Tarifullah Sheik, amongst others, the name of Abdul Rashid had been included showing him to be son of Sabur Hussain. Accordingly, the petitioner claims that he has established that he is the son of Sabur Hussain who again is the son of Tarifullah Sheikh of the voters' list of 1966 of village Ramapara Pam.

¶6In view of the above, the matter stands remanded back to the Tribunal to Page No.# 4/4 examine the veracity of the voters' list of 1966 of village Ramapara Pam, revenue paying receipts dated 03.01.1956 and 28.01.1958 as well as the jamabandi of a plot of land of village Ramapara Pam and pass a reasoned order on the claim of the petitioner that he has discharged the burden under Section 9 of the Foreigners' Act, 1946. To facilitate the process, the petitioner to produce the complete voters' list of 1966 of village Ramapara Pam and all other subsequent voters' lists of village Ramapara Pam, the revenue paying receipts dated 03.01.1956 and 28.01.1958 as well as the complete order of the Circle Officer dated 10.10.2017.

¶7The respondents in the Home Department may also make their own verification on the veracity of the aforesaid information contained in the aforesaid documents and submit a report before the Tribunal. Both the petitioner as well as the respondents may adduce any further evidence, if so advised. Upon doing so, the Tribunal to pass a reasoned order.

¶8The petitioner to appear before the Tribunal on 07.07.2023.

¶9If the reasoned order is in favour of the petitioner, the same shall prevail over the opinion dated 12.07.2017 passed in Case No. F.T/5/278/MA/2016 and if against, consequence under the law is applicable to the petitioner.

¶10Till the reasoned order is passed, no coercive action be taken against the petitioner.

Send back the LCR. Writ petition stands disposed of in the above terms.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010003892018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/663/2018o ABDULoRASHIDo S/O-oLATEoABDULoSOBUR@oSOBURoHUSSAIN,oR/O-oVILL-oBAMUNPARA,o P.S-oMATIA,oDIST-oGOALPARA,oASSAM VERSUSo THEoUNIONoOFoINDIAo REP.oBYoTHEoSECRETARYoTOoTHEoMINoOFoHOMEoAFFAIRS,oGOVToOFo INDIA,oMINoOFoHOMEoAFFAIRS,oSHASTRIoBHAWAN,oTILOKoMARG,oNEWo DELHI-o1 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM oDEPTT.oOFoHOME oDISPUR oGHY-o6 3:THEoSUPERINTENDENToOFoPOLICE(B) oGOALPARA oP.OoANDoDIST-oGOALPARA oASSAM oPIN-o783101 4:THEoDEPUTYoCOMMISSIONER oGOALPARA oP.OoANDoDIST-oGOALPARA oASSAM oPIN-o783101 5:THEoASSAMoSTATEoCO-ORDINATORoOFoNRC oBHANGAGARH oGHY-o5 Page No.# 2/4 6:THE ELECTION COMMISSIONER OF INDIA NEW DELHI-0 Advocate for the Petitioner : MR. A R SIKDAR Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN