Nazrul Hussain Khan @ Md. Nazrul Hussain v. The Union of India and 5 Ors

ORDER

23.06.2023 [A.M.Bujor Barua, J.]

Heard Mr. N. Ahmed, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel for the respondent nos. 1 and 6; Mr. G. Sarma, learned counsel for the respondent nos. 2, and 3; Ms. U. Das, learned counsel for the respondent No. 4; and Mr. T. Pegu, learned counsel for the respondent no. 5.

¶2The petitioner Nazrul Hussain Khan @ Md. Nazrul Hussain had been referred to the Foreigners' Tribunal, No. 2, at Kamrup [Metro] for rendering an opinion as to whether she is a foreigner under the Foreigners' Act, 1946 resulting in registration of F.T. Case No. 354/2018, wherein an opinion dated

10.10.2019 had been rendered declaring the petitioner to be a foreigner. Being Page No.# 3/4 aggrieved this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies upon the Voters' List of 1966 of village Kahibari Pam Police Station Baghbar in the Barpeta district, which contains the name of Muzammel Hussain, son of Mahammad Hussain at serial no. 165 and that of Dud Mehar Bibi, wife of Muzammel Hussain at serial no. 166 and both the are shown to be residing in the same house no. 55. It is claimed that Muzammel Hussain is the grandfather and Dud Mehar Bibi is the grandmother of the petitioner. Similar information is available in the Voters' List of 1970. The Voters' List of 1975 of village Kahibari Pam contains the name of Muzamel Hussen, son of Mahammad at serial no. 234 and that of Nobi Hussen, son of Mozammol at serial no. 236. It is claimed that Nobi Hussen is the father of the petitioner and as his name appears along with Muzamel Hussen in the Voters' List of 1975, it has been established that Nobi Hussen is a citizen. Reliance is also placed on the Voters' List of 2017 of village Kahibari Pam which contains the name of Nabir Hussain Khan, son of Muzammel at serial no. 352 and that of Najrul Hussain Khan, son of Nabir Hussain Khan at serial no. 356. Najrul Hussain Khan is shown to be twenty-five years. It is claimed that Najrul Hussain Khan is the petitioner himself.

¶4It is noticed that in the earlier Voters' List up to 1975 the father is shown as Nobi Hussain, son of Mozammol whereas in the Voters' List of 2017 it is shown as Nabir Hussain Khan, son of Muzammel. A question would remain as to whether Nabir Hussain Khan and Nobi Hussain are one and the same person. Further another question would arise as to whether Najrul Hussain Khan of the Voters' List of 2017 and the petitioner Najrul Hussain Khan are one and the same person.

¶5In the circumstance, the matter is remanded back to the Foreigners' Page No.# 4/4 Tribunal, No. 2 at Kamrup [Metro] to examine the Voters' List of 1970, 1975 and all the Voters' Lists up to 2017 of village Kahibari Pam which the petitioner to produce before the Tribunal. The respondents in Home Department to make their own verification as to whether Nabir Hussain Khan of Voters' List of 2017 and Nobi Hussain of Voters' List 1975 are one and the same person as well as Najrul Hussain Khan of the Voters' List of 2017 and the petitioner Najrul Hussain Khan are one and the same person and submit the report before the Tribunal. Upon doing the needful the Tribunal may pass a reasoned order.

¶6The petitioner to appear before the Tribunal on 28.07.2023.

¶7Till the reasoned order is passed, no coercive action be taken against the petitioner.

Writ petition stands disposed of in the above terms.

Send back the LCR immediately.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010049272021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1764/2021o NAZRULoHUSSAINoKHANo@oMD.oNAZRULoHUSSAINo S/O.oNABIRoHUSSAINoKHANo@oMD.oNABIRoHUSSAINo@oNOBIoHUSSEN,o VILL.oKAHIBARIoPAM,oP.S.oBAGHBAR,oDIST.oBARPETA,oASSAM. VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOF INDIA,oMINISTRYoOFoHOMEoAFFAIRS,oSHASTRIoBHAWAN,oTILOKoMARG,o NEWoDELHI-01. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFoASSAM oDEPTT.oOFoHOME oDISPUR oGUWAHATI-06. 3:THEoSUPDT.oOFoPOLICEo(BORDER) oKAMRUPo(METRO) oP.O.oPANBAZAR oDIST.oKAMRUPo(M) oASSAM oPIN-781001. 4:THEoDY.oCOMMISSIONER oKAMRUPo(M) oP.O.oPANBAZAR oDIST.oKAMRUPo(M) oASSAM Page No.# 2/4 PIN-781001. 5:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN ASHOKA ROAD NEW DELHI-110001. 6:THE NATIONAL REGISTER OF CITIZEN REP. BY THE STATE COORDINATOR ACHYUT PLAZA BHANGAGARH GUWAHATI-781005 Advocate for the Petitioner : MR N AHMED Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN