Rejia Khatun @ Rejia Begum v. Union of India and 5 Ors

ORDER

24.03.2023 (AM Bujor Barua, J)

Heard Mr. AR Shome, learned counsel for the petitioner. Also heard Ms. B Sarma, learned CGC for the respondents in the Union of India, Ms. L Devi, learned counsel for the authorities under the NRC, Mr. AI Ali, learned counsel for the authorities under the Election Commission of India, Mr. G Sharma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam, as well as the Superintendent of Police (B) Barpeta, and Ms. M Dutta, learned Government Advocate for the Deputy Commissioner, Barpeta.

¶2The petitioner, Rejia Khatun@Rejia Begum, was referred to the Foreigners Page No.# 3/5 Tribunal 10th Barpeta, for rendering an opinion as to whether she is a person who had entered the State of Assam on or after 25.03.1971 resulting in the registration of F.T. Case No.55/2016 wherein an opinion dated 04.10.2017 was rendered declaring the petitioner to be a person who had entered the State of Assam from the specified territory on or after 25.03.1971.

¶3Being aggrieved this writ petition is instituted.

¶4The petitioner relies upon the voters list of 1965 of village Chauliabari Mouza Hastinapur PS Patacharkuchi in the Kamrup district which contains the name of Husen Ali Mia, son of Kassimuddin at Sl.No.534 and that of Khayran Nesa, son of Husen Ali at Sl.No.535, where both of them are shown to be residing in the House No.151. The petitioner relies upon the voters list of 1997 of village Chauliabari Mouza Hastinapur PS Patacharkuchi in the Barpeta district which contains the name of Shorab Ali son of Husen at Sl.No.347 and that of Moymana Khatun wife of Shorab Ali at Sl.No.348.

¶5The petitioner relies upon the Kabinama issued by the Assam State Jamiat Ulama & Emarat-E-Shariah which contains the information that the petitioner Rejia Khatun is the daughter of Sohrab Ali of village Chauliabari to establish that she is the daughter of Sohrab Ali. If the information contained in the voters list of 1965 and 1997 of village Chauliabari is correct and the petitioner through the Kabinama establishes that she is the daughter of Sohrab Ali of village Chauliabari, the petitioner may have made out that she is a citizen of India. But, however, a further investigation would be required as to whether the voters list Page No.# 4/5 from 1965 up to 1997 of village Chauliabari which may also contain the name of Khayran Nesa wife of Husen Ali and Shorab Ali son of Husen together in the same voters list.

¶6Accordingly, the petitioner shall appear before the Tribunal on 02.05.2023.

¶7The Tribunal to also examine the authenticity of the Kabinama issued by the Assam State Jamiat Ulama & Emarat-E-Shariah. The Superintendant of Police (B) Barpeta may do the necessary verification of the aforesaid materials through the State Machinery to arrive at its own satisfaction on the aforesaid documents.

¶8The Tribunal after examining the evidences and materials shall pass a reasoned order. In the event, the reasoned order is in favour of the petitioner, the same shall prevail over the order dated 04.10.2017 of the Foreigners Tribunal 10th Barpeta in F.T. Case No.55/2016 and if it is against the petitioner, consequential action under the law shall follow.

¶9Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶10Writ petition stands disposed of in the above terms.

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JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010039352018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1259/2018o REJIAoKHATUNo@oREJIAoBEGUMo W/O-oMD.oABBASoALI,oD/O-oMD.oSOHRABoALI,oD/O-oMD.oSOHRABoALI,oR/O-o CHAULIABARI,oP.O-oSARUPETA,oP.S-oPATACHARKUCHI,oDIST-oBARPETA,o PIN-o781301,oASSAM VERSUSo UNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVToOFoINDIA,oMINoOFoHOMEoAFFAIRS (CENTRALoSECRETARIAT),oP.O-oNEWoDELHI,oPIN-o110001 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM oHOMEoDEPTT. oASSAMoSACHIVALAYA oDISPUR oP.O-oGUWAHATI oPIN-o781006 3:THEoELECTIONoCOMMISSIONoOFoINDIA oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-o110001 4:THEoOFFICEoOFoTHEoSTATEoCO-ORDINATORoOFoNRC oASSAM o1SToFLOOR oACHYUToPLAZA oGoSoROAD oBHANGAGARH oGUWAHATI-o781005 oDIST-oKAMRUP(M) Page No.# 2/5 ASSAM 5:THE DEPUTY COMMISSIONER BARPETA DISTRICT ASSAM PIN- 781301 6:THE SUPERINTENDENT OF POLICE (B) BARPETA DISTRICT ASSAM PIN- 78130 Advocate for the Petitioner : MR. A R SHOME Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN