Samida Khatun v. The Union of India and 5 Ors

JUDGMENT Date : 15-03-2023 (AM Bujor Barua, J)

Heard Ms. P. Ghosh, learned counsel for the petitioner. Also heard Mr. S. Boruah, learned counsel for the respondent No.1 being the Union of India, Ms. L. Devi, learned counsel for the respondent No.6 being the authorities under the NRC, Mr. G. Sarma, learned Counsel appearing for the Home Department of Government Assam being the respondent No.2 and 4, Mr. A.I. Ali, learned counsel for the respondent No.5 being the Election Commission of India, and Ms. K. Phukan, learned Government Advocate for the respondent No.3 being the Deputy Commissioner, Goalpara.

¶2The petitioner, namely, Samida Khatun on being referred to the Foreigners' Tribunal No.4, Goalpara for rendering an opinion as to whether she is a person who had entered the State of Assam from the specified territory on or after 25.03.1971, resulting in registration of F.T. Case No.(G-4) 448/2016.

¶3On 30.12.2017, the Foreigners' Tribunal No.4, Goalpara rendered an opinion in F.T. Case No.(G-4) 448/2016, which was against her and being aggrieved by the said opinion, this Writ Petition was instituted by the petitioner.

¶4In the Writ Proceeding, the petitioner relied upon the Voters List of 1970 of Village Darirpar, under Lakhipur Police Station in Goalpara District, which contains the name of Soleman Hussen, Son of Tarif Uddin at Sl. No.1. The petitioner also refers to the Voters List of 1985 of Village 155 Dairpar under Lakhipur Police Station in Goalpara District, which contains the name of Abdul Kashem, Son of Soleman at Sl. No.70. The petitioner also refers to the Page No.# 3/3 Kabin Nama at page-30 of the Writ Petition, wherein the name of the bride is shown as Sameda Khatun, daughter of Kashem Ali, resident of Village Darirpar. If the aforesaid three information are correct and the documents are authentic, prima facie a link may be established to satisfy that she is a citizen of India.

¶5In the circumstance, the matter is remanded back to the Tribunal to appreciate the evidentiary value of the Voters Lists of 1970 and 1985 of Village Darirpar, under Lakhipur Police Station in Goalpara District as well as the Kabin Nama, available at page-30 of the Writ Petition, which indicate that Samida Khatun is the daughter of Abdul Kashem of Village Darirpar and thereupon pass a reasoned order.

¶6The petitioner to appear before the Tribunal on 18.04.2023. In the event, a reasoned order is passed in favour of the petitioner, the same would prevail over the order dated

30.12.2017, passed by the Foreigners' Tribunal No.4, Goalpara in F.T. Case No.(G-4) 448/2016 and if it is against her, the implications under the law may follow.

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

¶8The petition stands allowed as indicated above.

¶9Send back the LCR.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/3 GAHC010019572018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/624/2018ooooooooo SAMIDAoKHATUNo W/OoAMARoALIo@oOMARoALIo VILL-oMARKULA,oP.O.oMARKULAo P.S.oBAGUANo DIST.oGOALPARA,oASSAMo PINo-o783120 VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REP.BYoTHEoMINISTRYoOFoHOMEoAFFAIRS,o oNEWoDLEHI-110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENTo DISPUR oGUWAHATI-781006. 3:THEoDEPUTYoCOMMISSIONER oGOALPARA oASSAMoPINo-o783101 4:THEoSUPERINTENDENToOFoPOLICEo(B) oGOALPARA oASSAM oPINo-o783101 5:THEoELECTIONoCOMMISSIONoOFoINIDA oNEWoDELHI-o110001 6:THEoSTATEoCOORDINATOR oNATIONALoREGISTERoOFoCITIZENSo(NRC)o BANGAGARH Page No.# 2/3 GUWAHATI- 781032 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