Johura Khatun v. The Union of India and 5 Ors

PageoNo.#o1/4 GAHC010008952023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/316/2023o JOHURAoKHATUNo W/O-oSAHAJAMALoALI,o D/O-oLATEoJAHIRUDDINoALI,o R/O-oVILLAGEoBALARCHAR,o P.S-oMERERCHAR,o DIST-oBONGAIGAON,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo THROUGHoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOME AFFAIRS,oGRIHAoMANTRALAYAo,oNEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM oTHROUGHoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSIONERoOFoINDIA oNIRVACHANoSADAN oASHOKAoROAD NEWoDELHI-110001 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTERoOFoCITIZENS oASSAM oBHANGAGARH oGUWAHATI-05 oDIST-oKAMRUPo(M) Page No.# 2/4 5:THE DEPUTY COMMISSIONER BONGAIGAON

P.O AND DIST-BONGAIGAON ASSAM

PIN-783380 6:THE SUPERINTENDENT OF POLICE (B) BONGAIGAON

P.O AND DIST-BONGAIGAON ASSAM

PIN-78338 Advocate for the Petitioner : MR. S C BISWAS Advocate for the Respondent : DY.S.G.I.

BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON'BLE MR. JUSTICE ROBIN PHUKAN O R D E R

01.03.2023 (A.M. Bujor Barua, J)

Heard Mr. FA Hasan, learned counsel for the petitioner, Ms. L Devi, learned counsel for the respondents in the Union of India as well as the authorities in the NRC, Ms. A Verma, learned counsel for the respondents in the Home Department of the Government of Assam, Mr. AI Ali, learned counsel for the respondents in the Election Commission of India and Ms. U Das, learned counsel for the Deputy Commissioner, Bongaigaon.

¶2The petitioner Johura Khatun had been referred to the Foreigners Tribunal, Bongaigaon No. 2 at Abhyapuri for rendering an opinion as to whether she is a person who had entered the State of Assam from the specified territory Page No.# 3/4 subsequent to 25.03.1971 resulting in registration of Case No. BNGN/FT-2/APR/Case No.228/2016. By the order dated 05.07.2022, the Foreigners Tribunal gave an opinion that the petitioner is a foreign citizen who entered the State of Assam subsequent to 25.03.1971. Being aggrieved, this writ petition is instituted.

¶3The petitioner relies upon the voters list of 1966 of village 364 Jopea Boraichala, police station North Salmara, wherein at serial No. 114 the name of Khabar Ali Sheikh son of Omar Ali Sheikh appears. The petitioner also refers to the voters list of 1985 of village 163 Jopea Boraichala, police station Abhyapuri, wherein the name of Jahir Uddin son of Khabar Ali appears at serial No. 680. The petitioner claims that Jahir Uddin son of Khabar Ali of the voters list of 1985 is her father. To substantiate the same, the petitioner relies upon the Kabin Nama regarding the marriage of the petitioner wherein it is recorded that the father of Johura Khatun is Jahir Uddin of village Boraichala police station Abhayapuri. The petitioner also refers to a Jamabandi regarding inheritance of land of village Japaya Boroisala in respect of Jahir Uddin son of Khabar Ali where the mutation was as per the order dated 08.11.2016 of the Circle Officer in Mutation Case No. 1558/2016-17.

¶4As prima-facie there is an indication from the voters list of 1966 of village 364 Jopea Boraichala as well as the voters list of 1985 of village 163 Jopea Boraichala that the father of the petitioner Jahir Uddin is a citizen of India as well as from the Kabin Nama it can also be seen that the petitioner is the daughter of Jahir Uddin, we remand the matter back to the Tribunal for passing a reasoned order on the claim of the petitioner by confining to the implication of the voters list of 1966 of village 364 Jopea Boraichala and the voters list of 1985 of village 163 Jopea Boraichala as well as the Kabin Nama of the petitioner Page No.# 4/4 and pass a reasoned order thereon. Before the Tribunal, the petitioner may rely upon any other documents or materials including the Jamabandi to establish her claim.

¶5If the reasoned order to be passed is in favour of the petitioner, the same shall prevail over the earlier opinion rendered by the Foreigners Tribunal Bongaigaon No. 2 at Abhayapuri in BNBN/FT-2/APR/Case No. 228/2016 and if the reasoned order to be passed is against the petitioner, the consequence as per law shall follow.

¶6The petitioner shall appear before the Foreigners Tribunal No. 2 Bongaigaon at Abhayapuri on 05.04.2023. Till such reasoned order is passed, no coercive action be taken against the petitioner. The writ petition is allowed to the extent as indicated above. Sent back the LCR immediately.

JUDGE JUDGE Comparing Assistant