Saidul Islam v. The Union of India

ORDER

06.06.2023 (AM Bujor Barua, J)

Heard Mr. KM Hasan, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC for the respondents in the Union of India as well as the authorities under the NRC, Mr. T Pegu, learned counsel for the authorities under the Election Commission of India, Ms. A Verma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam, the Superintendent of Police (B) Morigaon as well as the Officer-in-Charge Page No.# 3/5 Moirabari Police Station and Ms. K Phukan, learned Government Advocate for the Deputy Commissioner, Morigaon.

¶2The petitioner, namely, Saidul Islam was referred to the Foreigners Tribunal 5th Morigaon for rendering an opinion as to whether he is a person who had entered the State of Assam on or after 25.03.1971 resulting in the registration of Case No.F.T.368/2017 (New Number) corresponding to F.T.10/2017 (Old Number) arising out of F.T. Case No.10/17 dated 16.02.2017 wherein an opinion dated 30.10.2017 was rendered declaring the petitioner to be a person who had entered the State of Assam from the specified territory on or after 25.03.1971.

¶3Being aggrieved this writ petition is instituted.

¶4In the writ proceeding, the petitioner relies upon the voters list of 1966 of village Saruchala PS Lahorighat in the Nagaon district which contains the name of Abdul Khaleque son of Afsar at Sl.No.357 and it is claimed that Abdul Khaleque is the father of the petitioner. The name of Abdul Khaleque son of Afsar appears in the voters list of 1970 of village Saruchala at Sl.No.358. Further reliance is placed on the voters list of 1985 of village Saruchala which contains the name of Abdul Khaleque son of Apsar Ali at Sl.No.206 and that of Saidul Islam son of Abdul Khaleque at Sl.No.209, where both are shown to be residing in the same House No.102. It is claimed that as the name of Saidul Islam and Abdul Khaleque appear together in the same voters list of 1985 of village Saruchala and the name of Abdul Khaleque son of Afsar appears in the voters Page No.# 4/5 list of 1966 and 1970 of village Saruchala, the burden under Section 9 of the Foreigners Act 1946 has been discharged by the petitioner to prove that he is a citizen of India.

¶5In view of the above, the matter stands remanded back to the Tribunal to enable the Tribunal to examine the voters list of 1966, 1970 and 1985 of village Saruchala. The Tribunal shall further examine as to whether Abdul Khaleque son of Apsar Ali of the 1985 voters list of village Saruchala and Abdul Khaleque son of Afsar of the 1966 and 1970 voters list of the same village are one and the same person.

¶6The respondents in the Home Department may also make their own verification on the aforesaid aspect and also as to whether Saidul Islam son of Abdul Khaleque of the 1985 voters list of village Saruchala and the writ petitioner-proceedee are one and the same person and submit a report before the Tribunal, if so advised.

¶7Accordingly, the petitioner shall appear before the Tribunal on 12.07.2023.

¶8The Tribunal upon doing the needful and after examining the evidences and materials shall pass a reasoned order. In the event, the reasoned order is in favour of the petitioner, the same shall prevail over the opinion dated

30.10.2017 of the Foreigners Tribunal 5th Morigaon in Case No.F.T.368/2017 (New Number) corresponding to F.T.10/2017 (Old Number) arising out of F.T. Case No.10/17 dated 16.02.2017 and if it is against the petitioner, consequential Page No.# 5/5 action under the law shall follow.

¶9Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶10Writ petition stands disposed of in the above terms.

¶11Send back the LCR.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010005762018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/296/2018o SAIDULoISLAMo S/O-oLATEoABDULoKHALEQUE,oR/O-oVILL-oSARUCHALA,oP.O-oAKARABARI,o P.S-oMOIRABARI,oPIN-o782123,oDIST-oMORIGAON,oASSAM VERSUSo THEoUNIONoOFoINDIAo REP.oBYoTHEoSECRETARYoTOoTHEoGOVToOFoINDIA,oMINoOFoHOMEo AFFAIRS,oNEWoDELHI 2:THEoCHIEFoELECTIONoCOMMISSIONER oELECTIONoCOMMISSIONoOFoINDIA oASHOKAoROAD oNEWoDELHI-o110001 3:THEoSTATEoOFoASSAM oREP.oBYoITSoSECRETARY oGOVToOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-o6 4:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI-o781007 5:HEoSTATEoCO-ORDINATOR oOFFICEoOFoTHEoSTATEoCO-ORDINATORoOFoNRC oASSAM o1SToFLOOR oACHYUToPLAZA Page No.# 2/5 G S ROAD BHANGAGARH GHY- 05 6:THE DEPUTY COMMISSIONER MORIGAON ASSAM 7:THE SUPERINTENDENT OF POLICE(B) MORIGAON DIST- MORIGAON ASSAM 8:THE OFFICER-IN-CHARGE MOIRABARI POLICE STATION MORIGAON DIST- MORIGAON ASSA Advocate for the Petitioner : MR. K LAHKAR Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE NELSON SAILO