Rajeya Bewa @ Rejiya Bewa v. Union of India and 5 Ors

ORDER

26.05.2023 [Achintya Malla Bujor Barua, J.] Heard Mr. S.S.S. Rahman, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K.D. Choudhury, learned Dy.S.G.I. for the respondent No.1 and also appearing as standing counsel, NRC, for respondent No.6; Mr. G. Sarma, learned special counsel, FT, appearing for respondent Nos.2 and 4; Mr. A.I. Ali, learned standing counsel, ECI, for respondent No.5 and Ms. K. Phukan, learned Junior Government Advocate, Assam, appearing for respondent No.3.

¶2The petitioner Rajeya Bewa had been referred to the Foreigners' Tribunal, Bongaigaon No.2, Abhayapuri, 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, which resulted in registration of BNGN/FT/Case No.1062/2010. The Tribunal rendered an opinion dated 19.01.2018 declaring the petitioner to be a foreigner. Being aggrieved this writ petition is instituted. Page No.# 3/4

¶3In the writ proceeding before the Court, the petitioner relies upon the voters list of 1966 of village Besimari, P.S.-Abhayapuri, containing the name of Abdul Hussain S/o Ashimuddin at Sl.No.16 and that of Jabeda Khatun W/o Abdul Hussain at Sl. No.17, which information is also available in the voters list of 1970 of village Besimari. Jabeda Khatun W/o Abdul Hussain, aged 65 years, resident of village Besimari as DW-2 had rendered evidence that Rajeya Bewa is her daughter. Jabeda Khatun in the voters list of 1970 is shown to be 26 years and therefore, when she rendered evidence before the Tribunal in the year 2016, her age shown to be 65 years, which appears to be more or less consistent. When a person renders opinion before the Tribunal stating that the proceedee is his or her son or daughter, the same would carry its own evidentiary value. But in the instant case it is noticed that in 2018 when the writ petition was filed, the petitioner Rajeya Bewa had described her age 56 years meaning thereby that she will be around 54 years in 2016. Jabeda Khatun was 65 years in the year 2016 and Rajeya Bewa was 54 years meaning thereby that Rajeya Bewa must have been born when Jabeda Khatun was about 11 years old.

¶4Although we are remanding the matter back to the Tribunal, the Tribunal to also explore the aforesaid aspect as to whether Rajeya Bewa the petitioner could be the daughter of Jabeda Khatun in view of the respective ages of Jabeda Khatun and Rajeya Bewa. The Tribunal upon considering the aforesaid aspect and also taking note of the evidence of Jabeda Khatun shall pass a reasoned order. The respondents in the Home Department may make their own verification as to whether Rajeya Bewa the petitioner is actually the daughter of DW-2 Jabeda Khatun and submit a report before the Tribunal. Upon doing the needful, the Tribunal shall pass a reasoned order. In the event, the reasoned order is passed in favour of the petitioner, the same shall prevail over the earlier opinion dated 19.01.2018 and if it is against the petitioner, consequential action shall follow.

¶5The petitioner shall accordingly appear before the Tribunal on 24.07.2023. Till the reasoned order is passed, no coercive action shall be taken against the petitioner. Page No.# 4/4

¶6Send back the LCR immediately.

¶7Writ petition stands disposed of in the above terms.

Comparing Assistant Sd/- Robin Phukan JUDGE

Sd/- Achintya Malla Bujor Barua JUDGE

PageoNo.#o1/4 GAHC010028602018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/886/2018o RAJEYAoBEWAo@oREJIYAoBEWAo W/O-oLATEoSAFARoALI,oR/O-oVILL-oCHARoNO.o6,oP.S-oJOGIGHOPA,oDIST-o BONGAIGAON,oASSAM,oPIN-o783382 VERSUSo UNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVToOFoINDIA,oMINoOFoHOMEo AFFAIRS,oNEWoDELHI-o110001 2:THEoSTATEoOFoASSAM oREP.oBYoHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM oHOMEoDEPTT. oDISPUR oGUWAHATI-o781006 3:THEoDEPUTYoCOMMISSIONER oBONGAIGAON oDIST-oBONGAIGAON oASSAM oPIN-o783380 4:THEoSUPERINTENDENToOFoPOLICE(B) oBONGAIGAON oDIST-oBONGAIGAON oASSAM oPIN-o783380 5:THEoCHIEFoELECTIONoCOMMISSIONERoOFoINDIA oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-o110001 Page No.# 2/4 6:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM 1ST FLOOR ACHYUT PLAZA BHANGAGARH GUWAHATI- 78100 Advocate for the Petitioner : MR. S S S RAHMAN Advocate for the Respondent : ASSTT.S.G.I. BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON'BLE MR. JUSTICE ROBIN PHUKAN