Rahela Beowa v. The Union of India and 5 Ors

ORDER Date : 28.04.2023 (A.M. Bujor Barua, J)

Heard Mr. D.P. Borah, learned counsel for the petitioner and Ms. L. Devi, learned counsel for the respondents No. 1 and 3, being the Union of India and the State Coordinator of NRC respectively. Also heard Ms. A. Verma, learned counsel for the respondents No. 2 and 6, being the authorities in the Home Department; Mr. A.I. Ali, learned counsel for the respondent No. 4, being the Election Commission of India and Mr. P.K. Medhi, learned counsel for the respondent No. 5, being the Deputy Commissioner, Darrang.

¶2The petitioner Rahela Beowa was referred to the Foreigners' Tribunal No. 4, Darrang, Mangaldai for rendering an opinion as to whether she is a person who had entered the State of Assam from the specified territory on or after

25.03.1971 and accordingly F.T. Case No. 5690/11 with reference to IM(D)T Case No. 7994/98 was registered. The Tribunal rendered its opinion dated

30.01.2023 arriving at its conclusion that the petitioner is a foreigner who had entered the State of Assam on or after 25.03.1971. Being aggrieved this writ Page No.# 3/4 petition is instituted.

¶3In the writ proceeding, the petitioner relies upon the voters' list of 1966 of village Bhabapur, Mouza Sialmari in the Darrang district which contains the names of Fanaruddin Seikh son of Ibrahim at Sl. No. 60, Sahebani Bibi wife of Ibrahim at Sl. No. 61 and Harmani Nessa wife of Fanaruddin at Sl. No. 62. The voters' list of 1970 of village Bhabapur also contains the same information. The petitioner further relies upon a Jamabandi in respect of a plot of land at village Thalthali Beel wherein as per the order of the Circle Officer dated 25.07.2022 there is a mutation of the land by deleting the name of Fanaruddin son of Ibrahim and in his place, amongst others, mutated in favour of Rahela Beowa daughter of Fanaruddin. The petitioner accordingly claims that she has discharged the burden under Section 9 of the Foreigners Act, 1946 that she is a citizen of India.

¶4By our earlier order dated 10.04.2023, we required the Superintendent of Police(B), Darrang to make an enquiry as to whether Fanaruddin Seikh son of Ibrahim at Sl. No. 60 of the voters' list of 1966 of village Bhabapur and Fanaruddin son of Ibrahim of the Jamabandi annexed as Annexure 1F page 26 of the writ petition are one and the same person. The Superintendent of Police(B), Darrang after making an enquiry has submitted a report dated

25.04.2023 before the Court that Fanaruddin Seikh son of Ibrahim at Sl. No. 60 of the voters' list of 1966 of village Bhabapur and Fanaruddin son of Ibrahim of the Jamabandi annexed as Annexure 1F page 26 of the writ petition are one and the same person.

¶5As the voters' list of 1966 establishes that Fanaruddin Seikh son of Ibrahim himself is a citizen of India and the Jamabandi establishes that the petitioner Rahela Beowa is the daughter of Fanaruddin and Fanaruddin Seikh of the voters' Page No.# 4/4 list of 1966 and Fanaruddin of the Jamabandi are one and the same person, we are satisfied that the petitioner has discharged the burden under Section 9 of the Foreigners Act, 1946 that she is a citizen of India.

¶6Accordingly, we declare the petitioner Rahela Beowa to be a citizen of India and therefore she will be entitled to all such rights and liberties that may be entitled to a citizen of India.

¶7Writ petition stands allowed as indicated above.

¶8A copy of the report of the Superintendent of Police(B), Darrang dated

25.04.2023 is kept on record.

¶9A copy of this order may be provided to the Tribunal for the information.

J U D G E J U D G E Comparing Assistant

PageoNo.#o1/4 GAHC010052742023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1346/2023o RAHELAoBEOWAo W/O-oLT.oABDULoHASHEM,oR/O-oVILL-oNO.o4oSIALMARI,oP.S.oDALGAON,o DIST.-oDARRANG,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoMINISTRYoOFoHOMEoAFFAIRS,o GOVT.oOFoINDIA,oNEWoDELHI-1 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-6 3:THEoSTATEoCO-ORDINATOR oNATIONALoREGISTERoOFoCITIZENSo(NRC) oASSAMoACHYUToPLAZA oBHANGAGARH oGHY-5 4:THEoELECTIONoCOMMISSIONoOFoASSAM oREP.oBYoTHEoCOMMISSIONER oBELTOLA-BASISTHAoROAD oHOUSEFEDoCOMPLEX oGHY-6 oASSAM 5:THEoDY.oCOMMISSIONER oDARRANGoP.O.oMANGALDOI oDIST.-oDARRANG Page No.# 2/4 ASSAM 6:THE SUPERINTENDENT OF POLICE (B) DARRANG P.O. MANGALDOI DIST.- DARRANG ASSA Advocate for the Petitioner : MR. D P BORAH Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN