Taser Ali v. The Union of India and 6 Ors

ORDER

08.05.2023 (AM Bujor Barua, J)

Heard Mr. HR Ahmed, 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, Mr. G Sharma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam, the Deputy Commissioner of Police (B) Guwahati Kamrup (M) as well as the Superintendent of Police(B) Goalpara and Ms. U Das, learned Government Advocate for the Deputy Commissioner, Goalpara.

¶2The petitioner, Taser Ali, was referred to the Foreigners Tribunal Page No.# 3/5 Kamrup(M) No.2, Guwahati, 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.72/2017 wherein an opinion dated 02.07.2018 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 1966 of village Takimari Grazing Reserve Circle, P.S. Lakhipur in the Goalpara district which contains the name of Fazal Hoque, son of Baniz Ali at Sl.No.845. Reliance is also placed in the voters list of 1979 of village Takimari Grazing Reserve Circle, P.S. Lakhipur in the Goalpara district which contains the name of Fazal Hoque son of Lt. Baniz at Sl.No.1488 and that of Nosiran Nessa wife of Fazal at Sl.No.1489. The petitioner thereafter relies upon the voters list of 2010 of village Takimari Grazing Reserve which contains the name of Nosiran Bewa, wife of Fazal Hoque at Sl.No.161 and that of Toser Ali son of Fazal Hoque at Sl.No.162 and both are shown to be residing at the same House No.53. Accordingly, the petitioner claims that the burden under Section 9 of the Foreigners Act 1946 has been discharged to prove that he is a citizen of India.

¶5It is further explained that Nosiran Nessa wife of Fazal of the 1979 voters list of village Takimari Grazing Reserve, PS Lakhipur, in the Goalpara district after the death of her husband writes her name as Nosiran Bewa which is reflected in the 2010 voters list of village Takimari Grazing Reserve. Page No.# 4/5

¶6It is also stated that the petitioner had filed a review petition before the Tribunal which has been rejected.

¶7In the circumstance, the matter stands remanded back to the Tribunal to examine the voters list of 1966 of village Takimari Grazing Reserve Circle, P.S. Lakhipur in the Goalpara district which contains the name of Fazal Hoque, son of Baniz Ali at Sl.No.845 and that of the voters list of 1979 of village Takimari Grazing Reserve Circle, P.S. Lakhipur in the Goalpara district which contains the name of Fazal Hoque son of Lt. Baniz at Sl.No.1488 along with Nosiran Nessa wife of Fazal at Sl.No.1489, where both are shown to be residing in the same house and also of the voters list of 2010 of village Takimari Grazing Reserve which contains the name of Nosiran Bewa, wife of Fazal Hoque at Sl.No.161 along with Toser Ali son of Fazal Hoque at Sl.No.162 where both are shown to be residing at the same House No.53.

¶8Accordingly, the petitioner shall appear before the Tribunal on 16.06.2023.

¶9The respondents in the Home Department to make an enquiry on the authenticity of the information contained in the three voters list i.e. the voters list of 1966, 1979 and 2010 of village Takimari Grazing Reserve Circle to examine as to whether Taser Ali of village Takimari Grazing Reserve Circle, P.S. Lakhipur in the Goalpara district and the present writ petitioner/proceedee are one and the same person.

Page No.# 5/5

¶10The Tribunal upon doing the needful and 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 opinion dated

02.07.2018 of the Foreigners Tribunal Kamrup(M) No.2, Guwahati, in F.T. Case No.72/2017 and if it is against the petitioner, consequential action under the law shall follow.

¶11Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶12Writ petition stands disposed of in the above terms.

¶13Send back the LCR.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010031342019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1032/2019o TASERoALIo S/O-oLToFAZALoHOQUE,oR/O-oVILL-oTAKIMARIoGRASSINGoRESERVE,oP.O.o TAKIMARI,oP.S.oLAKHIPUR,oDIST-oGOALPARA,oASSAM,oPIN-o783129 VERSUSo THEoUNIONoOFoINDIAoANDo6oORS.o REP.oBYoTHEoMINISTRYoOFoHOMEoAFFAIRS,oNEWoDELHI-01 2:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSIONER oNEWoDELHI-01 3:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoANDoPOLITICALoDEPTT. oDISPUR oGHY-6 4:THEoDY.oCOMMISSIONERoOFoPOLICEo(B) oGHY oKAMRUPo(M) oASSAM oGHY-01 5:THEoDY.oCOMMISSIONER oGOALPARA oDIST-oGOALPARA oASSAM oPIN-o783331 6:THEoSUPERINTENDENToOFoPOLICEo(B) Page No.# 2/5 GOALPARA DIST- GOALPARA ASSAM PIN- 783331 7:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS BHANGAGARH GHY-0 Advocate for the Petitioner : MD H R AHMED Advocate for the Respondent : ASSTT.S.G.I. (R1) BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN