Anowara Khatun v. The Union of India and 4 Ors

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

Heard Mr. J. Laskar, learned counsel for the petitioner. Also heard Mr. S. Baruah, learned counsel for the respondent No.1 being the Union of India, Mr. G. Sarma, learned standing Counsel for respondents No. 2, 4 and 5 and Ms. K. Phukan, learned Government Advocate for the respondent No.3 being the Deputy Commissioner, Goalpara.

¶2The petitioner, namely, Anowara Khatun on being referred to the Foreigners' Tribunal No.1, Goalpara for rendering an opinion as to whether she is a person who had entered in the State of Assam from the specified territory on or after 25.03.1971, resulting in the registration of F.T. Case No.7118/G/2016.

¶3On 21.04.2017, the Foreigners' Tribunal No.1, Goalpara rendered an opinion in F.T. Case No.7118/G/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 Hasilabil, under Goalpara Police Station in Goalpara District, which contains the name of Abdul Khaleque, Son of Sultan Miya at Sl. No.141 and claims him to be her father. To substantiate the same, the petitioner also relied upon the School Certificate issued by the Head Teacher of Karbala Sarkari Nimna Buniyadi Bidyalay which contains the information that Abdul Khaleque, resident of Hasilabil Village is the father of Anowara Khatun but it is stated that the Head Teacher of the School had not been examined. Page No.# 3/3

¶5The procedure to be adopted to rely upon a school certificate had been laid down in the judgment of this Court passed on 03.01.2019, in Writ Petition (C) No.3056/2018 (Smti. Anima Das vs. Union of India and 5 others).

¶6As the Head Teacher has not been examined, the petitioner is required to re-appear before the Tribunal, to adduce necessary evidence of the Head Teacher who shall depose by producing the original School Record. Furthermore, the petitioner is also given the liberty to produce any other relevant materials, available with her before the Tribunal, to establish her citizenship.

¶7The 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

21.04.2017, passed by the Foreigners' Tribunal No.1, Goalpara in F.T. Case No.7118/G/2016 and if it is against her, the implications under the law may follow.

¶8Till the reasoned order is passed no coercive action be taken against the petitioner.

¶9The petition stands allowed as indicated above.

¶10Send back the LCR.

JUDGE JUDGE

Comparing Assistant

Page No.# 1/3 GAHC010028572017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3837/2017 1. ANOWARA KHATUN W/O. SAHAD ALI @ SAHAD, R/O. VILL. GOBINDAPUR, P.S. and DIST. GOALPARA, ASSAM. VERSUS 1. THE UNION OF INDIA and 4 ORS. REP. BY THE SECERETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TILOK MARG, NEW DELHI. 2:THE STATE OF ASSAM REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM HOME AFFAIRS DEPTT. DISPUR GUWAHATI-6. 3:THE DY. COMMISSIONER GOALPARA 4:THE SUPERINTENDENT OF POLICE B GOALPARA P.O. GOALPARA DIST. GOALPARA ASSAM. 5:THE OFFICER-IN-CHARGE GOALPARA POLICE STATION DIST. GOALPARA ASSAM Advocate for the Petitioner : MR. B BANERJEE Advocate for the Respondent : ASSTT.S.G.I. Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN