Asha Begum @ Ayesha Khatun v. The Union of India and 6 Ors

PageoNo.#o1/4 GAHC010032692018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1182/2018o ASHAoBEGUMo@oAYESHAoKHATUNo W/OoNURULoALIo@oNURULoISLAMo R/OoVILL-oBARBALAo P.O.oBHANGNAMARI-o781126,o P.S.oSIALMARIo DIST.oNALBARI,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo6oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,o oMINISTRYoOFoHOMEoAFFAIRS,oSHASTRIoBHAWAN,o oTILAKoMARG,oNEWoDELHI-1. 2:THEoELECTIONoCOMMISSIONERoOFoINDIA oGOVT.oOFoINDIA oNEWoDELHI. 3:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAMo DEPARTMENToOFoHOME oDISPUR oGUWAHATI-6. 4:THEoASSAMoCOORDINATORSoOFoNRC oBHANGAGARH oGUWAHATI-5. 5:THEoSUPERINTENDENToOFoPOLICE oNALBARIo(B) oNALBARI oASSAM Page No.# 2/4 PIN - 781335. 6:THE DEPUTY COMMISSIONER NALBARI P.O. AND DIST. NALBARI ASSAM PIN - 781335 Advocate for the Petitioner : MR R DHAR Advocate for the Respondent : ASSTT.S.G.I.

BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON'BLE MR. JUSTICE ROBIN PHUKAN O R D E R

28.02.2023 (A.M. Bujor Barua, J)

Heard Mr. R Dhar, learned counsel for the petitioner, Ms. L Devi, learned counsel for the respondents in the Union of India as well as for the NRC, Ms. A Verma, learned counsel for the respondents in the Home Department of the Government of Assam, Mr. AI Ali, learned counsel for the respondents in the Election Commission of India and Mr. TR Gogoi, learned counsel for the Deputy Commissioner, Nalbari.

¶2The petitioner Musstt. Asha Begum @ Ayesha Khatun was referred to the Foreigners Tribunal No. 3, Nalbari for rendering an opinion as to whether she is a person who entered the State of Assam subsequent to 25.03.1971 resulting in registration of FT (Nal)-3 Case No. 225/2017 corresponding to IM(D)T Case No. 2939/2004. The Tribunal by its opinion dated 29.11.2017 had rendered an opinion against the petitioner. Being aggrieved, this writ petition is instituted.

¶3Before the Tribunal, the petitioner took the stand that she is the daughter Page No.# 3/4 of Jeher son of Sobhan whose name appears in the voters list of 1970 of village Pazarbhanga, Mauza Nagaon, sub division Barpeta. To substantiate her claim, Johor son of Sobhan also deposed before the Tribunal as DW-3. In cross-examination, DW-3 Jeher Ali, son of Sobhan of village Pazarbhanga, police station Barpeta stated that the petitioner Ayesha Khatun is his eldest daughter and that she was born at Pazarbhanga and was married to Nurul Islam.

¶4The said evidence rendered by the petitioner through her father was discarded by the Tribunal by noticing certain discrepancies in some other evidences that may have been produced before the Tribunal.

¶5As the evidence rendered by Jeher Ali son of Sobhan had not been appropriately appreciated by the Tribunal, we remand the matter back for its re-appreciation and thereupon to pass a reasoned order. If the petitioner is advised, further materials may be produced before the Tribunal which may indicate that she is the daughter of Jeher Ali son of Sobhan of village Pazarbhanga.

¶6If the reasoned order to be passed by the Tribunal is in favour of the petitioner, the same shall prevail over the earlier opinion dated 29.11.2017 in FT

(Nal)-3 Case No. 225/2017. And if the reasoned order is against the petitioner, the consequence as per law shall follow.

¶7The petitioner shall appear before the Foreigners Tribunal No. 3, Nalbari on

03.04.2023. Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶8We are remanding the matter back on the limited question for appreciating the evidence rendered by DW-3 Jeher Ali son of Sobhan. The writ petition is allowed to the extent as indicated above. Page No.# 4/4 Send back the LCR forthwith. JUDGE JUDGE Comparing Assistant