Fatima Begum v. The Union of India and 3 Ors

PageoNo.#o1/3 GAHC010012032017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/681/2017o FATIMAoBEGUMo D/OoLT.oABDULoMATINoW/OoSAHABoUDDINoR/OoVILL-oNAIRGRAMoP.O.,oP.S.o andoDIST.oKARIMGANJ,oASSAM. VERSUSo THEoUNIONoOFoINDIAoando3oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oSHASTRIoBHAWAN,oNEWoDELHI. 2:THEoSTATEoOFoASSAM oTOoBEoREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFo ASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATIo-6. 3:THEoDEPUTYoCOMMISSIONER oKARIMGANJ oP.O.oandoDIST.oKARIMGANJ oASSAM. 4:THEoSUPERINTENDENToOFoPOLICEoB oKARIMGANJoP.O.oandoDIST.oKARIMGANJ oASSAMo AdvocateoforotheoPetitionerooooo:oMR.NoHAQUEo AdvocateoforotheoRespondento:oGA,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON'BLE MR. JUSTICE ROBIN PHUKAN O R D E R

30.03.2023 (A.M. Bujor Barua, J)

Heard Mr. N Haque, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC appearing on behalf of respondents in the Union of India as well as for the authorities in the NRC, Ms. A Verma, learned counsel for the State respondents in the Home Department of Government of Assam, Mr. T Pegu, learned counsel for the Election Commission of India and Mr.NK Das, learned counsel for the Deputy Commissioner, Karimganj.

¶2The petitioner Fatima Begum had been referred to the Foreigners Tribunal No. 1, Karimganj 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. 674/2012, wherein an opinion dated

29.07.2016 was given that the petitioner is a foreigner. Being aggrieved, this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies on the voters list of 1966 of Badarpur Town, Ward No. 2 under police station Badarpur in the Karimganj district, which contains the name of A. Matin, son of Jobed Ali at serial No. 1497. The petitioner also relies upon the copy of the entries of marriage, which contains the name of the bride to be Musstt. Fatima Begum, daughter of late Abdul Matin, village Deorail, post office and police station Badarpur, district Karimganj. Accordingly, the petitioner claims that she is the daughter of A. Matin of the voters list of 1966 of Badarpur town Ward No. 2. Page No.# 3/3

¶4In view of the materials being available on record, the matter is remanded back to the Tribunal to examine as to whether Abdul Matin of village Deorail, post office and police station Badarpur as per the entry under the register of marriage and A. Matin, son of Jobed Ali of the voters list of 1966 of Badarpur Town, ward No. 2 at serial No. 1497 are one and the same person and also as to whether Badarpur Town Ward No. 2 and village Deorail are also in the same place. Upon examining the same, the Tribunal shall pass a reasoned order. In doing so, the State authorities may also make their own verification and enquiry on the authenticity of the aforesaid information.

¶5If the reasoned order is in favour of the petitioner, the same shall prevail over the earlier opinion dated 29.07.2016. If the reasoned order goes against the petitioner, consequence as per law shall follow.

¶6The petitioner shall appear before the Foreigners Tribunal No. 1, Karimganj on 08.05.2023. Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶7The writ petition is allowed as indicated above. Send back the LCR immediately.

JUDGE JUDGE Comparing Assistant