Hasna Begum @ Hasna Bhanu v. The Union of India and 6 Ors

JUDGMENT Date : 13-03-2023 (AM Bujor Barua, J)

Heard Mr. IH Saikia, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel for the respondent No.1 being the Union of India as well as respondent No.6 being the authorities under the NRC, Ms. A Verma, learned Special Standing Counsel, Foreigners' Tribunal for respondents No. 2, 3 and 5, Mr. A.I. Ali, learned counsel for the respondent No.7 being the Election Commission of India, and Ms. U. Das, learned Government Advocate for the respondent No.4 being the Deputy Commissioner, Barpeta.

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¶2The petitioner, namely, Hasna Begum @ Hasna Bhanu was referred to the Foreigners' Tribunal No.3, Barpeta for rendering an opinion as to whether she is a person who had entered the State of Assam from the specified territory subsequent to 25.03.1971, resulting in the registration of F.T. Case No.176(III)/2007 (Ref: IMDT Case No.29/2005).

¶3By the order dated 31.12.2018, in F.T. Case No.176(III)/2007 (Ref: IMDT Case No.29/2005), an opinion was rendered by the Foreigners' Tribunal No.3, Barpeta that the petitioner is a person who had entered the State of Assam from the specified territory subsequent to 25.03.1971.

¶4In the Writ Proceeding, the petitioner relied upon the Voters List of 1966 of Village Bhoirarpam, under Baghbor Police Station of Mandia Mouza in Barpeta District, which contains the name of Abdul Rajjak, Son of Intaj at Sl. No.301. The petitioner also relied upon the Voters List of 1971 of the Bhairarpam Village, under Baghbar Police Station in the Barpeta District, which contains the name of Nalu Mia, Son of Abdur Rezzak at Sl. No.512. The petitioner claims that Nalu Mia of the Voters List of 1971 of village Bhairarpam is her father.

¶5To substantiate her claim, that she is the daughter of Nalu Mia of Bhairarpam Village, the petitioner relies upon the zamabandi in respect of a plot of land in village Bhairarpam, where upon mutation, by deleting the name of Nalu Mia, amongst others, the name of the petitioner had been mutated. The zamabandi refers to an order dated 28.09.2018 of the Circle Officer in Mutation Case No.BAR/BAG/JB/2067/2018. Page No.# 4/5

¶6If the information contained in the Voters List of 1966 and Voters List of 1971 of village Bhairarpam and the zamabandi (annexed as Annexure-1, Page-21) is correct, a prima facie case may be made in favour of the petitioner to show that she is the daughter of Nalu Mia, of the Voters List of 1971 of village Bhairarpam and thereby, establish her citizenship.

¶7In the circumstance, the matter is remanded back to the Foreigners Tribunal No.3, Barpeta to enable the petitioner to produce the Voters List of 1966 and Voters List of 1971 of village Bhairarpam, containing the name of Abdul Rajjak in the Voters List of 1966 and that of Nalu Mia, Son of Abdur Rezzak in the Voters List of 1971 of village Bhairarpam as well as the zamabandi, referred herein above. Further to substantiate the claim, the petitioner to also produce the copy of the order dated 28.09.2018 of the Circle Officer in Mutation Case No.BAR/BAG/JB/2067/2018, which may contain the details of the mutation.

¶8The petitioner to appear before the Tribunal on 18.04.2023. In the event, a reasoned is passed in favour of the petitioner, the same would prevail over the order dated 31.12.2018, rendered in F.T. Case No.176(III)/2007, by the learned Member, Foreigners' Tribunal No.3, Barpeta and if it is against, the implications under the law may follow.

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

¶10The petition stands allowed as indicated above.

¶11Send back the LCR.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/5 GAHC010043432019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1402/2019ooooooooo 1.oHASNAoBEGUMo@oHASNAoBHANUo W/OoJALILoALI,oD/O.oLATEoNALUoMIAo@oNALUoSIKDAR,oR/O.oVILL.oBATUA,o P.O.oSARUPETA,oP.S.oPATACHARKUCHI,oDIST.-oBARPETA,oASSAM-o781318. VERSUSo 1.oTHEoUNIONoOFoINDIAoo REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oNEWoDELHI-1. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoANDoPOLITICALo(B)oDEPTT. oDISPUR oGUWAHATI-6. 3:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI-o781007. 4:THEoDEPUTYoCOMMISSIONER oBARPETA oP.O. oP.S.oANDoDIST.-oBARPETA oASSAM oPIN-o781301. 5:THEoSUPERINTENDENToOFoPOLICEo(B) oBARPETA oP.O. oP.S.oANDoDIST.-oBARPETA Page No.# 2/5 ASSAM PIN- 781301. 6:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS 1ST FLOOR ACHYUT PLAZA G.S. ROAD BHANGAGARH GUWAHATI-5. 7:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001 Advocate for the Petitioner : MR. I H SAIKIA Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN