Jain Uddin v. The Union of India and 7 Ors

ORDER Date : 21.06.2023 (AM Bujor Barua, J) Heard Mr. I Uddin, learned counsel for the petitioner. Also heard Ms. L Page No.# 3/5 Devi, learned counsel for the respondents no. 1 and 3 being the authorities under the Union of India and NRC respectively, Mr. AI Ali, learned counsel for the respondent no. 2 being the authorities under the Election Commission of India, Ms. A Verma, learned counsel for the respondents no. 4, 6, 7 and 8 being the authorities under the Home Department of Government of Assam and Ms. K Phukan, learned counsel for the respondent no. 5 being the Deputy Commissioner, Hojai.

¶2The petitioner Jain Uddin had been referred to the Foreigners' Tribunal No. 7, Nagaon at Lanka for rendering for rendering an opinion as to whether he is a foreigner within the meaning of Foreigners Act, 1946, resulting in registration of F.T./L/ Case No. 339/2016. The Tribunal rendered an opinion dated 10.11.2017 declaring the petitioner to be a foreigner.

¶3Being aggrieved, this writ petition is instituted.

¶4In the writ proceeding the petitioner relies upon the voters' list of 1966 of village Paschim Dablong Police Station Lanka Mouza Lanka in the present Hojai district which contains the names of Asor Ali S/O Mofij Uddin at Sl. No. 99 and that of Korimon Nessa W/O Asor Ali at Sl. No. 101. It is claimed that Asor Ali is the father of the petitioner and Korimon Nessa is the mother. Reliance is also placed on the voters' list of 1970 of village Paschim Dablong containing the names of Asor Ali S/O Mofij Uddin at Sl. No. 99 and that of Korimon Nessa W/O Asor Ali at Sl. No. 101 where both of them are shown to be residing in the same house no. 25. Further reference is placed on the voters' list of 1997 of village Paschim Dablong which contains the names of Asor Ali S/O Mofij at Sl. No. 451, Korimon Nessa W/O Asor at Sl. No. 452 and that of Jain Uddin S/O Asor at Sl. No. 462 where all of them are shown to be residing in the same house no. 148. Page No.# 4/5

¶5It is claimed that Jain Uddin is the writ petitioner himself and as his name appears along with Asor Ali and Korimon Nessa, where the names of Asor Ali and Korimon Nessa also appear in the voters' list of 1966 and 1970 of village Paschim Dablong, the petitioner has discharged the burden under Section 9 of the Foreigners' Act, 1946.

¶6In view of the above, the matter stands remanded back to the Tribunal to examine the voters' lists of 1966, 1970 and 1997 of village Paschim Dablong. The respondents in the Home Department to also make their own enquiry as to whether Jain Uddin of the 1997 voters' list of village Paschim Dablong and the writ petitioner proceedee Jain Uddin are one and the same person and thereafter submit a report before the Tribunal. Upon doing the needful, a reasoned order be passed by the Tribunal.

¶7The voters' lists provided by Mr. AI Ali, learned counsel for the Election Commission of India is retained on records.

¶8The petitioner to appear before the Tribunal on 26.07.2023.

¶9If the order of the Tribunal is in favour of the petitioner, the same shall prevail over the opinion dated 10.11.2017 passed in F.T./L/ Case No. 339/2016 and if against, consequence under the law is applicable to the petitioner.

¶10Till the reasoned order is passed, no coercive action be taken against the petitioner. Send back the LCR. Writ petition stands disposed of in the above terms.

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JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010036332018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1128/2018o JAINoUDDINo S/OoASORoALIo R/OoVILL-oPASCHIMoDABLONG,oP.S.oLANKA,o P.O.oLANKA,oDIST.oHOJAIo ASSAM,oPINo-o782446. VERSUSo THEoUNIONoOFoINDIAoANDo7oORS.o REP.oBYoTHEoSECRETARY,oMINISTRYoOFoHOMEoAFFIRS,oNEWoDELHI-1. 2:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTORALoOFFICER oASSAM oDISPUR oGUWAHATIo-6. 3:THEoREGISTRARoGENERALoOFoINDIA oREP.oBYoTHEoSTATEoCOORDINATOR oNRC o(NATIONALoREGISTERoOFoCITIZENS) oASSAM oULUBARI oGUWAHATIo-5. 4:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARY oHOMEoDEPARTMENT o Page No.# 2/5 DISPUR GUWAHATI -6 ASSAM 5:THE DEPUTY COMMISSIONER HOJAI DIST. HOJAI ASSAM PIN - 782442. 6:THE FOREIGNERS' REGISTRATION OFFICER IN THE DIST. OF OF HOJAI DIST. HOJAI ASSAM PIN - 78442. 7:THE SUPERINTENDENT OF POLICE (BORDER) IN THE DIST. OF HOJAI DIST. HOJAI ASSAM PIN - 78442 8:THE OFFICER-IN-CHARGE LANKA POLICE STATION DIST. HOJAI ASSAM PIN - 782446 Advocate for the Petitioner : MD I UDDIN Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN