Abdul Hai @ Abdul Hye and 6 Ors v. The Union of India and 5 Ors

ORDER

10.04.2023 [A.M.Bujor Barua, J.]

Heard Mr. R.S. Chouhan, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel for the respondent no. 1; Mr. G. Sarma, learned counsel for the respondent nos. 2, and 4; Ms. U. Das, learned counsel for the respondent no. 3; and Mr. A.I. Ali, learned counsel for the respondent no. 5.

¶2The petitioner no. 1 Abdul Hai @ Abdul Hye had been referred to the Foreigners' Tribunal 5th Morigaon, 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 F.T. Case No. 94/2015 (New) corresponding to F.T. Case No. 896/2012 (Old), wherein an opinion dated

28.07.2017 had been rendered declaring the petitioner to be a foreigner. Being aggrieved this writ petition is instituted.

¶3In the writ petition the petitioner relies on the Voters' List of 1966 and 1971 of village Solmari Mauza – Moirabari in the Nagaon district, which contains the name of Nur Hussain, son of F. Joba Sk. at serial no. 279 and at serial no. 430, respectively. The petitioner also relies on the Voters' List of 1989 of village Solmari which contain the name of Md. Nur Hussain at serial no. 16 and that of Md. Abdul Hai at serial no. 18 and both of them are shown to be residing in the same house no. 7. Accordingly, the petitioner no. 1 Abdul Hai claims that he has discharged the burden to prove that he is a citizen of India.

¶4In respect of the petitioner no. 1 Abdul Hai, the matter is remanded Page No.# 4/4 back to the Foreigners' Tribunal 5th Morigaon to examine the Voters' List of 1966 - 1989 of village Solmari.

¶5Before the Tribunal, the petitioner to produce the complete Voters' List of 1966 - 1989 of village Solmari.

¶6In respect of the petitioner no. 2 namely, Musstt. Rahima Khatun who is the wife of the petitioner no. 1, appropriate materials may be produced before the Tribunal to show that Musstt. Rahima Khatun herself is a citizen of India by establishing her citizenship through her father. The matter accordingly remanded back to the Tribunal for consideration as indicated above.

¶8The home department shall also verify as to whether Abdul Hai, the petitioner no. 1 and Abdul Hai of the Voters' List of 1989 of village Solmari are one and the same person.

¶9Depending on the citizenship as may be declared in respect of the petitioner no. 1, the citizenship of the other petitioners shall also follow. But in respect of the petitioner no. 2 she may render appropriate materials before the Tribunal to prove her own citizenship.

¶10The petitioners to appear before the Tribunal on 26.05.2023.

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

Writ petition stands disposed of in the above terms.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010032322018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1037/2018o ABDULoHAIo@oABDULoHYEoANDo6oORS.o S/O.oLT.oNURoHUSSAIN,oVILL.oHUGALTOLI,oP.S.oLAHARIGHAT,oDIST.o MORIGAON,oASSAM. 2:oMUSSTT.oRAHIMAoKHATUN oW/O.oABDULoHAIo@oABDULoHYE oVILL.oHUGALTOLI oP.S.oLAHARIGHAT oDIST.oMORIGAON oASSAM. 3:oAMIRoHAMJA oS/O.oMD.oABDULoHAIo@oABDULoHYE oVILL.oHUGALTOLI oP.S.oLAHARIGHAT oDIST.oMORIGAON oASSAM. 4:oABUoHANIFA oS/O.oMD.oABDULoHAIo@oABDULoHYE oVILL.oHUGALTOLI oP.S.oLAHARIGHAT oDIST.oMORIGAON oASSAM. 5:oFATEMAoKHATUNo@oFATEMA oD/O.oMD.oABDULoHAIo@oABDULoHYE oVILL.oHUGALTOLI oP.S.oLAHARIGHAT oDIST.oMORIGAON oASSAM. 6:oMUKTAJUL oBEINGoMINORoREP.oBYoPETITIONERoNO.2 Page No.# 2/4 7: RIJUWARA KHATUN BEING MINOR REP. BY PETITIONER NO. VERSUS THE UNION OF INDIA AND 5 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI 2:THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY. 3:THE DY. COMMISSIONER DIST. MORIGAON ASSAM 4:THE SUPDT. OF POLICE (B) MORIGAON DIST. MORIGAON ASSAM 5:ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSIONER NEW DELHI 6:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZEN (NRC) BHARALUPAR BHANGAGARH GUWAHAT Advocate for the Petitioner : MR. R S CHOUHAN Advocate for the Respondent : ASSTT.S.G.I. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN