Md. Saddam Hussain v. The Union of India and 6 Ors

ORDER

26.04.2023 [A.M.Bujor Barua, J.]

Heard Mr. J.C. Borah, learned counsel for the petitioner. Also heard Ms. L. Devi, Page No.# 3/4 learned counsel for the respondent nos. 1 and 5; Mr. A. Kalita, learned counsel for the respondent nos. 2, 4 and 7; Mr. A.I. Ali, learned counsel for the respondent no. 3; and Ms. U. Das, learned counsel for the respondent no. 6.

¶2The petitioner Md. Saddam Hussain had been referred to the Foreigners' Tribunal Jorhat, for rendering an opinion as to whether he is a person who entered the State of Assam from the specified territory on or after 25.03.1971 resulting in registration of FT/SVR/524/11, wherein an opinion dated 29.11.2017 had been rendered declaring the petitioner to be a foreigner. Being aggrieved this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies on the Voters' List of 1965 of village Kobaikota P.S. Dhing in the Nagaon district, which contains the name of Taher Ali Fakir, son of Khatu Fakir at serial no. 82 and a claim is made that Taher Ali Fakir is the grandfather of the petitioner. The petitioner also relies on the Voters' List of 1997 of village Kobaikota P.S. Batadrava in the Nagaon district which contains the name of Kuddus Ali, son of Taher at serial no. 311 and that of Romina Khatun wife of Kuddus at serial no. 312 and a claim is made that Kuddus Ali of the Voters' List of 1997 of village Kobaikota is the father of the petitioner. The petitioner further relies on the Voters' List of 2013 of village Kubaikota P.S. Dhing in the Nagaon district which contains the name of Romina Begum wife of Kuddus Ali at serial no. 494 and that of Saddam Hussain son of Romina Begum at serial no. 495, where both of them are shown to be residing in the same house no. 125.

¶4By establishing his link through his mother, Romina Begum whose name also appears along with Saddam Hussain in the Voters' List of 1997 of village Kobaikota P.S. Batadrava in the Nagaon district, where further Kuddus Ali is shown to be son of Taher, where again the name of Taher Ali Fakir appears in the Voters' List of 1965 of village Kobaikota P.S. Dhing in the Nagaon district, the petitioner claims that the burden under section 9 of the Foreigners Act 1946 have been discharged.

¶5In view of above, the matter is remanded back to the Foreigners' Tribunal, Page No.# 4/4 Jorhat to examine as to whether Taher referred as the father of Kuddus Ali of the Voters' List of 1997 and Taher Ali Fakir of the Voters' List of 1965 of village Kobaikota are one and the same person.

¶6The respondents in the Home Department may also make their own verification on the claims made by the petitioner through the aforesaid materials and submit a report before the Tribunal. After undertaking the exercise as indicated above, the Tribunal shall pass a reasoned order. If the reasoned order goes in favour of the petitioner, the same shall prevail over the earlier opinion dated 29.11.2017 and if it goes against the petitioner, consequence as per law shall follow.

¶7The petitioner to appear before the Tribunal on 06.06.2023.

¶8Till the reasoned order is passed, no coercive action be taken against the petitioner. Writ petition stands disposed of in the above terms. Send back the LCR immediately.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010030932018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/957/2018o MD.oSADDAMoHUSSAINo S/OoLT.oKUDUSoALIo PERMANENToRESIDENToOFoVILL-oKOBAIKOTAo P.S.oBATADRAVAo DIST.oNAGAON,oASSAMo PINo-o782122. VERSUSo THEoUNIONoOFoINDIAoANDo6oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oNEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT o DISPUR oGUWAHATI-o781006. 3:THEoELECTIONoCOMMISSIONoOFoINDIA oNIRVACHANoSADAN oASHOKAoROAD o NEWoDELHI-o110001. 4:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoSSAM o DEPARTMENToOFoHOMEoANDoCOORDINATOR Page No.# 2/4 NRC ASSAM DISPUR GUWAHATI- 781006. 5:THE NATIONAL REGISTRAR OF CITIZEN REP. BY THE STATE COORDINATOR ASCHYUT PLAZA BHANGAGARH GUWAHATI - 781005 DIST.KAMRUP (M) ASSAM 6:THE CEPUTY COMMISSIONER JORHAT DIST. JORHAT ASSAM PIN - 785001 7:THE SUPUERINTENDENT OF POLICE (B) JORHAT P.O. AND P.S. JORHAT DIST. JORHAT ASSAM PIN - 785001 Advocate for the Petitioner : MR J C BORAH Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN