Altab Hussain @ Altab Ali v. The Union of India and 6 Ors

ORDER Date : 31.03.2023 (AM Bujor Barua, J)

Heard Ms. P Adhikari, learned counsel for the petitioner. Also heard Ms. L Devi, learned counsel for the respondents no. 1 and 5 being the authorities under the Union of India and NRC, respectively, Ms. A Verma, learned counsel for the respondents no. 2, 6 and 7 being the authorities under the Home Department of the Government of Assam, Ms. M Dutta, learned counsel for the respondent no. 3 being the Deputy Commissioner, Sivsagar and Mr. AI Ali, learned counsel for the respondent no. 4 being the Election Commission of India. Page No.# 3/4

¶2The petitioner Altab Hussain had been referred to the Foreigners' Tribunal, Jorhat, Assam 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 Case No. FT/SVR/71/15. An opinion dated 26.12.2017 had been rendered declaring the petitioner to be a foreigner.

¶3Being aggrieved, this writ petition is instituted.

¶4In the writ proceeding, the learned counsel for the petitioner refers to the voters' list of 1966 of village Lawgaon, Mouza Kachmari, in Nagaon district which contains the name of Mahiruddin, S/O Osman at Sl. No. 61. The petitioner also relies upon a jamabandi of a plot of land of village Lawgaon wherein the name of Mahiruddin, S/O Osman had been struck out and replaced by that of Altab Ali, S/O Late Mahiruddin.

¶5In view of the above, the matter stands remanded back to the Tribunal for examining the voters' list of 1966 of village Lawgaon as well as the jamabandi of a plot of land of village Lawgaon where the name of Altab Ali had been mutated in place of Mahiruddin and upon such examination to pass a reasoned order. The respondents in the Home Department to also make a verification as to whether Altab Hussain the proceedee and the Altab Ali of the jamabandi referred above are one and the same person and submit a report to the Tribunal.

¶6The petitioner to appear before the Tribunal on 10.05.2023.

¶7If the reasoned order is in favour of the petitioner, the same may prevail over the opinion/order dated 26.12.2017 passed in Case No. FT/SVR/71/15 and if against, consequence under the law is applicable to the petitioner.

¶8Till the reasoned order is passed, no coercive action be taken against the Page No.# 4/4 petitioner.

Send back the LCR.

Writ petition stands disposed of in the above terms.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010036762018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1174/2018o ALTABoHUSSAINo@oALTABoALIo R/OoVILLAGEoLAWGAON,oMOUZA-oKACHMARI,oPSoANDoDIST.oNAGAONo (ASSAM),oPRESENToADDRESS-oC/OoMD.oFIRUJoKHAN,oR/OoVILLAGE-oB.G.o ROAD,oW/NOo13,oPS-oSIVASAGAR,oDISToSIVASAGARo(ASSAM),oPIN-785640 VERSUSo THEoUNIONoOFoINDIAoANDo6oORS.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVToOFoINDIA,oMINISTRYo OFoHOMEoAFFAIRS,oNEWoDELHI 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoDEPUTYoCOMMISSIONER/DISTRICToMAGISTRATE oSIVASAGAR oDIST.oJORHAT oASSAM 4:THEoCHIEFoELECTIONoOFFICERoOFoTHEoELECTIONoCOMMISSIONoOFo INDIA oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI oDELHI-110001 5:THEoOFFICEoOFoTHEoSTATEoCOORDINATORoOF oNATIONALoREGISTRATIONo(NRC)oASSAM oREPRESENTEDoBYoITSoCOORDINATOR o1SToFLOOR Page No.# 2/4 ACHYUT PLAZA BHANGAGARH GUWAHATI ASSAM-781005 6:THE SUPERINTENDENT OF POLICE (BORDER) SIVASAGAR DIST. SIVASAGAR (ASSAM) PIN-785640 7:THE OFFICER IN CHARGE SIVASAGAR POLICE STATION DIST. SIVASAGAR ASSAM PIN-78212 Advocate for the Petitioner : G UDDIN Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN