Sukur Ali v. The Union of India and 7 Ors

JUDGMENT & ORDER (ORAL)

17.03.2023 (AM Bujor Barua, J)

Heard Mr. A Roshid, learned counsel for the petitioner. Also heard Mr. B Chakrabarty, learned CGC for the respondents in the Union of India, Ms. L Devi, learned standing counsel 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, the Superintendent of Police (B) Baksa, the Superintendent of Police (B) Barpeta and the Foreigners' Regional Registration Page No.# 3/5 Office, Barpeta as well as Ms. U Das, learned Government Advocate for the Deputy Commissioner, Barpeta.

¶2The petitioner Sukur Ali, was referred to the Foreigners Tribunal No.9th, Barpeta for rendering an opinion as to whether he is a person who had entered the State of Assam from the specified territory on or after 25.03.1971 resulting in the registration of F.T.9th (BPT) Case No.680/2018 in S.P.Ref.IM(DT) Case No.4158/B/98.

¶3The Tribunal rendered the opinion dated 20.09.2022 that the petitioner is a person who had entered the State of Assam from the specified territory between 1966 and 1971. Accordingly the petitioner would now be covered by the provisions of Section 6A(3) of the Citizenship Act, 1955 (for short, the Act of 1955). Although, the petitioner has not raised any grievance against the said conclusion of the Foreigners Tribunal, but the limited grievance raised by the petitioner is that the time referred for getting registered with the Foreigners' Regional Registration Office had elapsed in the meantime.

¶4In view of the limited grievance, the petitioner is allowed to register himself as a person who had entered the State of Assam between the period 1966 and 1971 from the specified territory with the Foreigners' Regional Registration Office, Barpeta within a period of one month from today.

¶5Upon the petitioner being registered as a person who had entered the State of Assam between the period 1966 and 1971, the implication thereof that Page No.# 4/5 the petitioner will not be entitled to vote for next 10(ten) years from the date of registration would be made applicable to him. As per Section 6A(3) of the Act of 1955, the Election Commission shall do the needful to delete the name of the petitioner from any voters list wherever his name may appear. Further the Foreigners' Regional Registration Office, Barpeta shall do the needful as may be required under the law in respect of the rights and entitlement of the petitioner being declared to be a person who had entered the State of Assam from the specified territory between 1966 and 1971. Consequently, the Voter Identity Card issued to the petitioner be taken back by the Foreigners' Regional Registration Office, Barpeta.

¶6Writ petition stands disposed of with the above observation.

¶7In the event, the petitioner does not get himself registered within the period as aforesaid, the implication of law that he is not a citizen of India would be made applicable in respect of the petitioner. Even in the event of the petitioner not appearing before the Foreigners' Regional Registration Office, Barpeta, the direction to the Election Commission of India to do the needful to delete the name of the petitioner from any voters list wherever his name may appear would remain and be complied with by the Election Commission. The direction issued to the Foreigners' Regional Registration Office, Barpeta to do the needful under the law as well as to take back the Voter Identity Card issued to the petitioner be complied with.

¶8A copy of this order be furnished to Mr. AI Ali, learned counsel for the Page No.# 5/5 Election Commission of India as well as Ms. A Verma, learned counsel for the Home Department, Government of Assam for onward transmission and necessary action.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010031732023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1498/2023o SUKURoALIo S/O-oLATEoSUBEDoALI,oVILL-oKUTHURIJHAR,oP.O-oKALPANIoBAZAR,oP.S-o GOBARDHAN,oDIST-oBAKSA,oBTR,oASSAM,oPIN-781315 VERSUSo THEoUNIONoOFoINDIAoANDo7oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oNEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoDEPUTYoCOMMISSIONER oCUMoDISTRICToMAGISTRATEo oBARPETA oASSAM oPIN-781301 4:THEoSUPERINTENDENToOFoPOLICEo(B) oBAKSA oASSAM oPIN-781316 5:THEoSUPERINTENDENToOFoPOLICEo(B) oBARPETA oASSAM oPIN-781301 Page No.# 2/5 6:THE ELECTION COMMISSION GOVT. OF INDIA NEW DELHI-110001 7:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS ASSAM BHANGAGARH GUWAHATI-05 DIST- KAMRUP (M) 8:THE FOREIGNERS REGIONAL REGISTRATION OFFICE BARPETA PIN-78130 Advocate for the Petitioner : MR. A ROSHID Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN