Jagabandhu Mazumder and 4 Ors v. The Union of India and 5 Ors

JUDGMENT Date : 17-03-2023 (AM Bujor Barua, J)

Heard Mr. B.K. Kar, learned counsel for the petitioners. Also heard Ms. L. Devi, learned Page No.# 3/5 counsel for the respondent No.1 being the Union of India and learned counsel for the respondent No.4 being the authorities under the NRC, Mr. G. Sarma, learned Counsel appearing for the Home Department of Government Assam being the respondent No.3 and 5, Mr. A.I. Ali, learned counsel for the respondent No.2 being the Election Commission of India, and Ms. U. Das, learned Government Advocate for the respondent No.6 being the Deputy Commissioner, Goalpara.

¶2The petitioners, namely, petitioner No.1 Jagabandhu Mazumdar and other family members were referred to the Foreigners' Tribunal No.1, Morigaon for rendering an opinion as to whether they are persons who had entered the State of Assam from the specified territory on or after 25.03.1971, resulting in registration of F.T. Case No.362/2008.

¶3On 08.10.2018, the Foreigners' Tribunal No.1, Morigaon rendered an opinion in F.T. Case No.362/2008, which was against them and being aggrieved by the said opinion, this Writ Petition was instituted by the petitioners.

¶4In the Writ Proceeding, for the purpose of petitioner No.1 Jagabandhu Mazumdar, reliance is placed upon the Voters List of 1965/66 of Village Satkhapori Doloni under Police Station Morigaon, Mouza Mayong in the present Morigaon District, which contains the name of Nabin Ch. Mazumdar, son of Kandus at Sl. No.185 and that of Shirish, son of Nabin at Sl. No.188, both bearing the Household No.48. Reference is also made to the Voters List of 1971 of Village Satkhapori Doloni, Police Station Morigaon, Mouza Mayong which contains the name of Lakhi Bala Mazumdar at Sl. No.235, who also resides in the Household No.48. Lakhi Bala Mazumdar is shown to be the wife of Shirish. As both of them are residing in the Household No.48, it can be accepted that Lakhi Bala Mazumdar is the wife of Shirish. Petitioners also refers to the Voters List of 2015 of Village Satkhapori, wherein at Sl. No.153 appears the name of Lakhi Bala Mazumdar, wife of Shirish Mazumdar, Household No.38 and that of Jagabandhu Mazumdar, son of Shirish Mazumdar at Sl. No.154, also of Household No.38. Accordingly the petitioner No.1 seeks to establish that he is the son of Shirish Page No.# 4/5 Mazumdar, whose name appeared in the Voters List of 1965-66 of Village Satkhapori Doloni under Police Station Morigaon, Mouza Mayong in the present Morigaon District.

¶5From the aforesaid documents, it can be established that Jagabandhu Mazumdar, son of Shirish Mazumdar of Village Satkhapori Doloni is the citizen of India. But the petitioner before the Court is Jagabandhu Mazumdar, son of Shirish Mazumdar, resident of Village Ghunusha, under Police Station Jagiroad, District Morigaon.

¶6In the circumstance, the matter is remanded back to the Tribunal to enable the petitioners to bring any further material that Jagabandhu Mazumdar, son of Shirish Mazumdar of Ghunusha Village and Jagabandhu Mazumdar, son of Shirish Mazumdar of Village Satkhapori Doloni is one and the same person. The same would also apply in respect of the petitioner No.3, Lakhi Bala Mazumdar, wife of Shirish Mazumdar.

¶7Consequent upon the opinion that may be rendered in respect of the petitioner No.1 Jagabandhu Mazumdar, the citizenship of his children, namely, petitioner No.4, Smti Jyoti Mazumdar and Petitioner No.5, Smti Jhunu Mazumdar may also be declared. But in respect of petitioner No.2 Smti Kaushalya Mazumdar, who is the wife of Jagabandhu Mazumdar, the said petitioner may render her own individual materials before the Tribunal to establish that she is also a citizen of India, establishing her linkage through her father.

¶8The petitioners to appear before the Tribunal on 21.04.2023. In the event, a reasoned order is passed in favour of the petitioners, the respective orders in respect of the different petitioners would prevail over the order dated 08.10.2018, passed by the Foreigners' Tribunal No.1, Morigaon in F.T. Case No.362/2008 and if it is against them, the implications under the law may follow.

¶9Till the reasoned order is passed no coercive action be taken against the Page No.# 5/5 petitioners.

¶10The petition stands allowed as indicated above.

¶11Send back the LCR.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010038872019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1454/2019ooooooooo JAGABANDHUoMAZUMDERoANDo4oORS.o S/O-oLToSHIRISHoMAZUMDER,oR/O-oGHUNUSHAoRAILWAYoLINE,oP.S.o JAGIROAD,oDIST-oMORIGAON,oASSAM 2:oKAUSHALYAoMAZUMDER oW/O-oSRIoJAGABANDHUoMAZUMDER oR/O-oGHUNUSHAoRAILWAYoLINE oP.S.oJAGIROAD oDIST-oMORIGAON oASSAM 3:oLAKHIoMAZUMDERo@oLAKHIoBALA oW/O-oLToSHIRISHoMAZUMDER oR/O-oGHUNUSHAoRAILWAYoLINE oP.S.oJAGIROAD oDIST-oMORIGAON oASSAM 4:oJYOTIoMAZUMDER oD/O-oSRIoJAGABANDHUoMAZUMDER oR/O-oGHUNUSHAoRAILWAYoLINE oP.S.oJAGIROAD oDIST-oMORIGAON oASSAM 5:oJHUNUoMAZUMDER oD/O-oSRIoJAGABANDHUoMAZUMDER oR/O-oGHUNUSHAoRAILWAYoLINE oP.S.oJAGIROAD oDIST-oMORIGAON oASSAo VERSUSo Page No.# 2/5 THE UNION OF INDIA AND 5 ORS. REP. BY THE SECY., MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI- 110001 2:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSIONER NEW DELHI- 110001 3:THE STATE OF ASSAM REP. BY THE SECY./ COMM. DEPTT. OF HOME GOVT. OF ASSAM DISPUR GHY-6 4:THE STATE CO-ORDINATOR OF NATIONAL REGISTRAR OF CITIZENS (NRC) GOVT. OF ASSAM DISPUR GHY-6 5:THE SUPERINTENDENT OF POLICE MORIGAON DISTRICT MORIGAON PIN- 782105 6:THE DY. COMMISSIONER AND DIST. ELECTION OFFICER MORIGAON PIN- 78210 Advocate for the Petitioner : MR B K KAR Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN