Kulsuma Begum v. The Union of India

PageoNo.#o1/4 GAHC010016242018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/491/2018o KULSUMAoBEGUMo R/O-oVILL-oBALIRAMoGAON,oWARDoNO.3,oP.S.oJAMUNAMUKH,oP.O.o JAMUNAMUKH,oDIST-oHOJAI/NAGAONo(ASSAM),oPIN-782428 VERSUSo THEoUNIONoOFoINDIAo REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oNEWoDELHI 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-6 3:THEoDEPUTYoCOMMISSIONER oHOJAI oDIST-oHOJAIo(ASSAM) oPIN-782435 4:THEoCHIEFoELECTIONoOFFICER oOFoTHEoELECTIONoCOMMISSIONoOFoINDIA oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-o110001 5:THEoOFFICEoOFoTHEoSTATEoCO-ORDINBATORoOFoNATIONALo REGISTRATIONo(NRC)oASSAM oREP.oBYoITSoCOORDINATOR o1SToFLOORoACHYUToPLAZA oBHANGAGARH Page No.# 2/4 GHY-5 6:THE SUPERINTENDENT OF POLICE (BORDER) HOAJI DIST-HOJAI (ASSAM) PIN-782435 7:THE OFFICER-IN-CHARGE JAMUNAMUKH POLICE STATION DIST-HOJAI (ASSAM) PIN-78243 Advocate for the Petitioner : G UDDIN Advocate for the Respondent : ASSTT.S.G.I.

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

10.03.2023 (A.M. Bujor Barua, J)

Heard Mr. G Uddin, learned counsel for the petitioner. Also heard Mr. PS Bhatacharyya, learned CGC appearing on behalf of respondents in the Union of India, Mr. J Payeng, learned Government Advocate for the State respondents in the Home Department of Government of Assam, Mr. AI Ali, learned counsel for the Election Commission of India, Ms. L Devi, learned counsel for the authorities under the NRC and Ms. U Das, learned counsel for the Deputy Commissioner, Goalpara.

¶2The petitioner Kulsuma Begum was referred to the Foreigners Tribunal No. 10, Nagaon at Sankardev Nagar, Hojai for rendering an opinion as to whether she is a person who entered the State of Assam from the specified territory subsequent to 25.03.1971 resulting in registration of FT(D) Case No. 88/2015. Page No.# 3/4 The Foreigners Tribunal by the opinion dated 30.10.2017 opined that the petitioner is a foreigner who entered the State of Assam subsequent to

25.03.1971. Being aggrieved, this writ petition is instituted.

¶3The petitioner relies upon a voters list of 1966 of village Changmajhi Mikir Pathar, Mouza Jamunamukh, police station Jamunamukh in the Nagaon district which contains the name of Kuti Miya son of Mamod Ali at serial No. 111. The petitioner claims that Kuti Miya son of Mamod Ali of the voters list of 1966 of village Changmajhi Mikir Pathar is her father. To substantiate her claim, the petitioner refers to the transfer certificate issued by the Headmaster/Secretary of the Changmajhi ME School, which contains the school information that Kulsuma begum is the daughter of late Kuti Miya and Toslima Begum of village Changmaji Mikir Pathar. But, however, the Headmaster of the school had not been examined as required under the law as rendered in WP(C) No. 3056/2018 (Anima Das vs-Union of India and others).

¶4In view of the above, the matter is remanded back to the Tribunal to enable the petitioner to examine the Headmaster of Changmajhi ME School along with the school records to establish the information contained in the transfer certificate, which is annexed at Annexure-1 page 9 to the writ petition. Upon examination of the Headmaster, the Tribunal may pass a reasoned order. The petitioner may also be allowed to produce any further material, if so advised.

¶5If the reasoned order is in favour of the petitioner, the same would prevail over the earlier opinion rendered by the Foreigners Tribunal No. 10, Nagaon at Sankardev Nagar, Hojai and if the reasoned order goes against the petitioner, consequence as per law shall follow. Page No.# 4/4

¶6The petitioner shall appear before the Foreigners Tribunal No. 10, Nagaon at Sankardev Nagar, Hojai on 11.04.2023.

¶7Till the reasoned order is passed by the Tribunal, no coercive action be taken against the petitioner.

¶8The writ petition is allowed as indicated above. Send back the LCR immediately.

JUDGE JUDGE Comparing Assistant