Rahima Khatun v. The Union of India and 5 Ors

ORDER

07.06.2023 (AM Bujor Barua, J)

Heard Mr. S Ali, learned counsel for the petitioner. Also heard Mr. G Sarma, learned counsel for the respondents in the Home Department of Government of Assam as well as The Superintendant of Police (B), Baksa, Ms. L Devi, learned CGC appearing for the respondents in the Union of India as well as for the respondents in the NRC, Ms. U Das learned counsel appearing for the Deputy Commissioner, Baksa, and Mr. AI Ali, learned counsel for the respondents in the Election Commission of India.

¶2The petitioner Abdul Rejak had been referred to the Foreigner Tribunal No. 10th Barpeta, Assam, for rendering 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 the Registration of FT Case No. 19/2017 wherein the Tribunal rendered an opinion dated 12.12.2017 declaring the petitioner to be a foreigner. Page No.# 3/4 Being aggrieved this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies upon the voters list of 1965 of village Shahpur Sorbhog P.S Barpeta, Kamrup district, which contains the name of Ajgar Ali Akanda son of Kasim at Sl. No. 80, as well as a voters' list of 1970 of village Shahpur which contains the name of Ajgar Ali Akanda son of Kasim at Sl. No. 98. Ajgar Ali Akanda son of Kasim had rendered evidence as DW-2 stating that the petitioner Rahima Khatun is his daughter and that his own name appears in the voters' list of 1965 and 1970 of village Shahpur.

¶4In view of the above, the matter stands remanded back to the Tribunal to enable the Home Department, Govt. of Assam, to cross-examine DW-2 in an appropriate manner, if so advised, to extract veracity of the evidence rendered that the petitioner Rahima Khatun is the daughter of Ajgar Ali Akanda in the voters' list of 1965 and 1970 of village Shahpur.

¶5The respondents in the Home Department may make further verification, if so advised, and thereupon submit the report before the Tribunal and upon doing the needful, the Tribunal shall pass a reasoned order thereon.

¶6If the reasoned order is in favour of the petitioner, the same shall prevail over the earlier opinion dated 27.12.2018 and if it goes against the petitioner, consequence as per law shall follow.

¶7The petitioner shall appear before the concerned Foreigners Tribunal on

11.07.2023. Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶8The writ petition is allowed as indicated above. Page No.# 4/4

¶9Send back the LCR immediately.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010049532018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1525/2018o RAHIMAoKHATUNo W/OoKADERoALI,oVILL-oKAJIAMATI,oPOoMAINAMATI,oDIST.oBAKSAo(BTAD),o ASSAM,oPIN-781330 VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYo OFoHOMEoAFFAIRS,oNEWoDELHI-1 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFo ASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-781006 3:THEoDEPUTYoCOMMISSIONER oBAKSA oPOoMUSHALPUR oDIST.oBAKSA oASSAM oPIN-781330 4:THEoSUPERINTENDENToOFoPOLICEo(B) oBAKSA oPO-MUSHALPUR oDIST.oBAKSA oASSAM oPIN-781330 5:THEoELECTIONoCOMMISSIONERoOFoINDIA Page No.# 2/4 NEW DELHI 6:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM BHANGAGARH GUWAHATI- Advocate for the Petitioner : MR. S ALI Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE NELSON SAILO