Musstt. Taraban Nessa @ Tara Banu v. The Union of India and 4 Ors

ORDER

18.05.2023 (AM Bujor Barua, J)

Heard Mr. G Uddin, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC for the respondents in the Union of India as well as the authorities under the NRC, Mr. AI Ali, learned counsel for the authorities under the Election Commission of India, Ms. A Verma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam, the Superintendent of Police (B) Hojai as well as the Officer-in-Charge, Murajhar Police Station, Hojai, and Mr. PK Medhi, learned Government Advocate for the Deputy Commissioner, Hojai.

¶2This writ petition is instituted on being aggrieved by the common order dated 30.10.2017 of the Foreigners Tribunal Nagaon 10th at Sankardev Nagar Hojai by which three references being F.T. (D) Case No.1666/2017 arising out of SP's FT Case No.111/2017 in respect of State Vs. Musstt. Tara Banu @ Teraban Nessa, FT(D) Case No.1662/2017 corresponding to SP's F.T.Case No.112/2017 in State Vs, Musstt. Hazira Begum and FT(D) Case No.1667/2017 corresponding to Page No.# 3/5 SP's FT Case No.110/2017 in State Vs. Md. Alim Uddin had been rendered.

¶3In this writ petition, the petitioner, namely, Musstt. Tara Banu @ Teraban Nessa was referred to the Foreigners Tribunal Nagaon 10th at Sankardev Nagar Hojai 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. (D) Case No.1666/2017 arising out of SP's FT Case No.111/2017 wherein a common order dated 30.10.2017 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. Being aggrieved by the common order dated 30.10.2017, this writ petition has been instituted.

¶4We have been told that the other proceedees out of the common order dated 30.10.2017 namely Md. Alim Uddin and Musstt. Hazira Begum have also instituted their individual writ petitions against the common order dated

30.10.2017 in the aforesaid two references.

¶5A reference is made to the Tribunal for rendering an opinion as to whether the proceedee had entered the State of Assam from the specified territory on or after 25.03.1971 or as to whether he/she is a foreigner. In such proceeding, the proceedee is required to discharge the burden under Section 9 of the Foreigners Act 1946 that he/she is not a foreigner. As the burden is an individual burden of the respective proceedee, we are of the view that the opinion to be rendered by the Tribunal would also have to be an individual opinion in respect of the individual proceedee, although, it can be stated that the proceedees may be Page No.# 4/5 from the same family. If the proceedees are from the same family that would also require an individual conclusion to be arrived at that they are in fact from the same family. From such point of view, we set aside the common order dated

30.10.2017 passed in F.T(D) Case No.1666/2017 corresponding to SP's F.T. Case No.111/2017 in respect of the writ petitioner/proceedee Musstt. Tara Banu @ Teraban Nessa and remand the matter back to the Tribunal to enable the Tribunal to render individual opinion on the said reference, instead of passing a common order.

¶6Accordingly, the petitioner shall appear before the Tribunal on 30.06.2023. The petitioner may also produce all relevant material/document to establish her case, if so advised.

¶7As considerable delay had occurred because of the aforesaid reason, the Tribunal is requested to render its opinion as early as possible preferably within three months of the appearance of the writ petitioner/proceedee.

¶8Writ petition stands disposed of in the above terms.

¶9Send back the LCR.

JUDGE JUDGE Page No.# 5/5 Comparing Assistant

PageoNo.#o1/5 GAHC010149112017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o ,WP(C)/7005/2017 MUSSTT.oTARABANoNESSAo@oTARAoBANU. W/O.oLT.oABDULoBARI oVERSUS THEoUNIONoOFoINDIAoando4oORS. REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA oMINISTRYoOFoHOMEoAFFAIRS oNEWoDELHI. 2:THEoCOMMISSIONERoandoSECY. TOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY.-06. o3:THEoDY.oCOMMISSIONERoOFoHOJAI DIST.oHOJAI oASSAM oPIN-782435. o4:THEoSUPDT.oOFoPOLICEoB HOJAI oDIST.oHOJAI oASSAM oPIN-782435. o5:THEoOFFICERoINoCHARGE MURAJHARoPOLICEoSTATION oDIST.oHOJAI oASSAM Page No.# 2/5 PIN-782435. ------------ Advocate for : MS.P A TALUKDAR Advocate for : appearing for THE UNION OF INDIA and 4 ORS. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN