Surjya Bhanu v. The Union of India and 5 Ors

ORDER Date : 27.03.2023 (AM Bujor Barua, J)

Heard Mr. M Ahmed, learned counsel for the petitioner. Also heard Ms. L Devi, learned counsel for the respondents no. 1 and 6 being the authorities under the Union of India and NRC, respectively, Mr. G Sarma, learned counsel for the respondents no. 2 and 4 being the authorities under the Home Department of the Government of Assam, Ms. K Phukan, learned counsel for the respondent no. 3 being the Deputy Commissioner, Barpeta and Mr. T Pegu, learned counsel for the respondent no. 5 being the Election Commission of India.

¶2The petitioner Surjya Bhanu had been referred to the Foreigners' Tribunal No. III, Barpeta for rendering an opinion as to whether she is a person who entered the State of Assam from the specified territory on or after 25.03.1971 resulting in registration of FT Case No. 2035 (III) of 2016. An opinion dated

23.02.2017 had been rendered declaring the petitioner to be a foreigner.

¶3Being aggrieved this writ petition is instituted.

¶4In the writ proceeding the petitioner relies upon the voters' list of 1965 of Page No.# 3/4 village Jakhlibil Pather Mouza Gobardhana in the present Barpeta district which contains the name of Intaz Ali, S/O Ahed at Sl. No. 125 as well as the voters' list of 1970 of village Jakhali Bilar Pathar which contains the name of Intaz Ali, S/O Ahed at Sl. No. 141 and that of Shamela Bhanu, W/O Intaz at Sl. No. 142. The voters' list of 1985 of village Jakhali Bilar Pathar contains the name of Entaz Ali, S/O Ahed at Sl. No. 91 and that of Samala Khatun, W/O Entaz at Sl. No. 92 and that of Firoza Begum, also W/O Entaz at Sl. No. 93.

¶5Shamela Khatun had deposed before the Tribunal that the proceedee Surjya Bhanu is her daughter who was born at village Jakhilbil and was later on, married to Muktar Ali of village Domani. Shamela Bhanu deposed that she has only one daughter i.e. the petitioner proceedee although she has one step mother namely Firoja who has two sons and two daughters namely Nobi Hussain, Manowar Hussain, Rima, Khadima Khatun and further that the petitioner proceedee is the eldest amongst all of them.

¶6As Shamela Bhanu whose name appears along with Intaz Ali in the voters' list of 1971 of village Jakhali Bilar Pathar had deposed that the petitioner is her daughter and her father is Intaz Ali, we remand the matter back to the Tribunal to enable State authorities to cross examine Shamela Bhanu in the veracity of the evidence she had already rendered. Upon Shamela Bhanu being cross examined, the Tribunal to pass a reasoned order.

¶7If the reasoned order is in favour of the petitioner, the same may prevail over the opinion/order dated 23/02/2017 passed in FT Case No. 2035 (III) of 2016 and if against, consequence under the law is applicable to the petitioner.

¶8The petitioner to appear before the Tribunal on 04.05.2023.

¶9Till the reasoned order is passed, no coercive action be taken against the Page No.# 4/4 petitioner. Send back the LCR. Writ petition stands disposed of in the above terms.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010010802021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/375/2021o SURJYAoBHANUo D/OoLATEoINTAZoALI,o W/OoMUKTARoALIo R/OoVILLAGEoDOMONI,oPSoANDoDISToBARPETA,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REPRESENTEDoBYoTHEoMINISTRYoOFoHOMEoAFFAIRS,oNEWoDELHI 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM oDEPARTMENToOFoHOMEo oDISPURoGUWAHATIo6 3:THEoDEPUTYoCOMMISSIONER oBARPETA oBARPETA oASSAM 4:THEoSUPERINTENDENToOFoPOLICEo(B) oBARPETAoASSAM 5:ELECTIONoCOMMISSIONoOFoINDIA oTHROUGHoITSoSECRETARYoNIRBACHANoBHAWAN oNEWoDELHIo1 6:THEoSTATEoCOoORDINATOR Page No.# 2/4 NATIONAL REGISTER OF CITIZENS (NRC) BHANGAGARH. GUWAHATI 5 ASSA Advocate for the Petitioner : MR M AHMED Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN