Luban Miah v. The Union of India and 6 Ors

ORDER

04.04.2023 (AM Bujor Barua, J)

Heard Ms. D Ghosh, 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 Page No.# 3/5 as well as the Deputy Commissioner of Police (B) City Guwahati Kamrup(M), and Ms. U Das, learned Government Advocate for the Deputy Commissioner, South Salmara.

¶2The petitioner, Luban Miah, was referred to the Foreigners Tribunal No.4, Kamrup(M), 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.FT(K(M)-4)1216/17 wherein an opinion dated 25.02.2020 and

23.06.2020 was rendered 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 1960 of village Kakripara, PS Mankachar in the Dhubri district which contains the name of Birbal Sheikh son of Deuyanu at Sl.No.405 and the voters list of 1977 of village 72 Kakripara Part II in the Dhubri district which contains the name of Birbal Sheikh son of Deyanu. The petitioner claims Birbal Sheikh of 1960 and 1977 voters list of village Kakripara, PS Mankachar in the Dhubri district as his father.

¶5The petitioner further relies upon the voters list of 2006 of village 72 Kakripara Part II which contains the name of Luban Miya, son of Birbal Sheikh at Sl.No.530. Accordingly the petitioner claims that he is a citizen of India as he is the son of Birbal Sheikh, whose name appears in the voters list of 1960 and 1977 voters list of village Kakripara, PS Mankachar in the Dhubri district. Page No.# 4/5

¶6Accordingly, the matter stands remanded back to the Tribunal to examine the voters list of 1960 and 1977 and 2006 relied upon by the petitioner in respect of village Kakripara, PS Mankachar in the Dhubri district to establish that the petitioner is a citizen of India.

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

¶8To facilitate the process, the petitioner may produce all the intervening complete voters list between 1960 to 2006 in respect of village Kakripara, PS Mankachar in the Dhubri district for examination of the Tribunal. The State authorities through the Deputy Commissioner of Police (B) City Guwahati Kamrup(M) may do the necessary verification of the aforesaid materials as to whether Luban Miya of 2006 voters list of village Kakripara, PS Mankachar in the Dhubri 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 orders dated 25.02.2020 and 23.06.2020 of the Foreigners Tribunal No.4, Kamrup(M) in F.T. Case No.FT(K(M)-4)1216/17 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. Page No.# 5/5

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

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010026062021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1011/2021o LUBANoMIAHo S/O-oLT.oBIRBALoSEIKH,oR/O-oVILL-oDEKARGRAM,oP.S.oMANKACHAR,o DIST.-oSOUTHoSALMARA,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REP.oBYoTHEoSECY.oTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oNORTHoBLOCK,oNEWoDELHI,oPIN-o110001 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoANDoPOLITICALoDEPTT. oGOVT.oOFoASSAM oASSAMoSECRETARIAT oDISPUR oGHY oASSAM oPIN-o781006 3:THEoDY.oCOMMISSIONERoOFoPOLICEo(B) oDIST.-oKAMRUPo(M) oASSAM 4:THEoSTATEoCOORDINATORoOFoNRC oOFFICEoOFoTHEoSTATEoCOORDINATOR oNRCoASSAM o1SToFLOOR oACHYUToPLAZA oGSoROAD oBHANGAGARH oGHY Page No.# 2/5 ASSAM PIN- 781005 5:THE MEMBER FOREIGNERS TRIBUNAL NO.4 KAMRUP (M) ASSAM PIN- 781003 6:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD SANSAD MARG AREA NEW DELHI PIN- 110001 7:THE DY. COMMISSIONER DIST.- SOUTH SALMARA ASSA Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN