Mati Ali v. The Union of India and 5 Ors

ORDER

04.04.2023 (AM Bujor Barua, J)

Heard Mr. JM Sulaiman, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC for the respondents in the Union of India as well as for the authorities under the NRC, Mr. AI Ali, 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, as well as the Superintendent of Police (B) Barpeta and Ms. U Das, learned Government Advocate for the Deputy Commissioner, Barpeta.

¶2The petitioner, Md. Mati Ali, was referred to the Foreigners Tribunal 10th Barpeta, 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 F.T. Case No.1473/2017 wherein an opinion dated 26.09.2019 was rendered Page No.# 3/4 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.

¶4The petitioner relies upon the voters list of 1965 of village Pathsala Mouza Sariha of the present Bajali district which contains the name of Sabu Ali son of Jaki Sekh at Sl.No.11 and that of Abed Ali son of Sabu Ali at Sl.No.15. The petitioner claims that Abed Ali son of Sabu Ali is his father.

¶5The petitioner relies upon the voters list of 1997 of village Pathsala Gaon, Mouza Sariha of the present Bajali district which contains the name of Abed Ali son of Sabu Sekh at Sl.No.504 and Mati Ali son of Abed Ali at Sl.No.506. The petitioner claims that he is a citizen of India as he is the son of Abed Ali, whose name appears in the voters list of 1965 of village Pathsala Mouza Sariha of the present Bajali district.

¶6Accordingly, the matter stands remanded back to the Tribunal to examine the voters list of 1965 and 1997 relied upon by the petitioner in respect of village Pathsala Gaon, Mouza Sariha of the present Bajali district to establish that the petitioner is a citizen of India.

¶7The petitioner shall appear before the Tribunal on 12.05.2023.

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¶8To facilitate the process, the petitioner may produce all the intervening complete voters list between 1965 to 1997 in respect of village Pathsala Gaon, Mouza Sariha of the present Bajali district for examination of the Tribunal. The State authorities through the Superintendant of Police (B) Barpeta may do the necessary verification of the aforesaid materials as to whether Mati Ali of village Pathsala Gaon, Mouza Sariha of the present Bajali district and the present writ petitioner/proceedee are one and the same person.

¶9The Tribunal 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 order dated 26.09.2019 of the Foreigners Tribunal 10th Barpeta in F.T. Case No.1473/2017 and if it is against the petitioner, consequential action under the law shall follow.

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

¶11Writ petition stands disposed of in the above terms.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010011492020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/376/2020o MATIoALIo S/O.oLT.oABEDoALI,oVILL.oPATHSALA,oP.S.oPATACHARKUCHI,oDIST.o BARPETA,oASSAM,oINDIA,oPIN-781327. VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oNEWoDELHI-110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY.-06. 3:THEoDY.oCOMMISSIONER oBARPETA oDIST.oBARPETA oASSAM oPIN-781301. 4:THEoELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI-110001. 5:THEoSTATEoCOORDINATOR oNATIONALoREGISTERoOFoCITIZENS oASSAM oGUWAHATI-781005. Page No.# 2/4 6:THE SUPDT. OF POLICE (B) BARPETA DIST. BARPETA ASSAM PIN-781301 Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN