Abdul Hoque and 3 Ors v. The Union of India and 6 Ors

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

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

¶2The petitioners, namely, Abdul Hoque, Musstt. Amina Khatun, Ms. Sultana Begum and Md. Saddam Hussain were referred to the Foreigners' Tribunal No.3, Morigaon for rendering an opinion as to whether they are persons 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.44/2015.

¶3By the order dated 27.06.2018, in F.T. Case No.44/2015 an opinion was rendered by the Foreigners' Tribunal No.3, Morigaon that the petitioners are the persons who had entered the State of Assam from the specified territory subsequent to 25.03.1971.

¶4In the Writ Proceeding, the petitioners relied upon the Sale Deed No.9516/58, dated 31.12.1958, where Md. Suraj Ali, Son of Md. Miya Chand, resident of Village Silpukhuri, Mouza – Silpukhuri, Police Station Laharighat was Page No.# 4/5 the seller of the land. The petitioners also relied upon the Voters List of 1966 of Village Silpukhuri, Mouza – Silpukhuri, Police Station Laharighat, which contains the name of Suraj Ali, Son of Miyasan at Sl. No.154 and that of Aimola Khatoon, wife of Suraj Ali at Sl. No.155. Petitioners also refers to a Sale Deed dated

30.12.1993, where Abdul Hoque, Son of Suraj Ali, resident of Village Silpukhuri, Mouza – Silpukhuri, Police Station Mikirbheta is a purchaser of a plot of land. By referring to the two Sale Deeds as well as the Voters List of 1966, the petitioners claim that they could establish their link with Suraj Ali of Village Silpukhuri and therefore, are also citizens of India.

¶5In the circumstance, the matter is remanded back to the Foreigners Tribunal No.3, Morigaon, to examine as to whether the Sale Deed No.9516/58, dated 31.12.1958, the Voters List of 1966 of Village Silpukhuri, Mouza – Silpukhuri, Police Station Laharighat and the subsequent Sale Deed dated

30.12.1993, which is also in respect of a plot of land in Village Silpukhuri can establish that the petitioners are citizens of India.

¶6The petitioners to appear before the Tribunal on 18.04.2023. In the event, a reasoned is passed in favour of the petitioners, the same would prevail over the order dated 27.06.2018, rendered in F.T. Case No.44/2015, by the learned Member, Foreigners' Tribunal No.3, Morigaon and if it is against them, the implications under the law may follow.

¶7Till the reasoned order is passed no coercive action be taken against the petitioners. Page No.# 5/5

¶8The petition stands allowed as indicated above.

¶9Send back the LCR.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010054252019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2219/2019ooooooooo 1.oABDULoHOQUEoANDo3oORS.o S/O-oLToSURAJoALI,oR/O-oVILL-oSILPUKHURI,oP.S.oMIKIRBHETA,oP.O.o SILPUKHURI,oDIST-oMORIGAONo(EARLIERoNNAGAONoDISTRICT)oASSAM,o PIN-o782123 2:oMUSSTT.oAMINAoKHATUN oD/O-oLToSAHEDoALI oW/O-oMD.oABDULoHOQUE oR/O-oVILL-oSILPUKHURI oP.S.oMIKIRBHETA oP.O.oSILPUKHURI oDIST-oMORIGAONo(EARLIERoNNAGAONoDISTRICT)oASSAM oPIN-o782123 3:oSULTANAoBEGUM oD/O-oABDULoHOQUE oR/O-oVILL-oSILPUKHURI oP.S.oMIKIRBHETA oP.O.oSILPUKHURI oDIST-oMORIGAONo(EARLIERoNNAGAONoDISTRICT)oASSAM oPIN-o782123 4:oMD.oSADDAMoHUSSAIN oS/O-oABDULoHOQUE oR/O-oVILL-oSILPUKHURI oP.S.oMIKIRBHETA oP.O.oSILPUKHURI oDIST-oMORIGAONo(EARLIERoNNAGAONoDISTRICT)oASSAM oPIN-o78212o VERSUSo 1.oTHEoUNIONoOFoINDIAoANDo6oORS.o REP.oBYoTHEoSECY.oTOoTHEoGOVT.oOFoINDIA,oDEPTT.oOFoHOMEoAFFAIRS,o Page No.# 2/5 NEW DELHI, INDIA, PIN- 01 2:THE STATE OF ASSAM REP. BY THE SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR- 781006 3:FOREIGNERS TRIBUNAL MORIGAON DIST- MORIGAON ASSAM PIN- 782105 4:THE ELECTION COMMISSION OF INDIA REP. BY THE ELECTION OFFICER MORIGAON ASSAM- 782105 5:NATIONAL REGISTER OF CITIZENS ASSAM REP. BY THE STATE COORDINATOR 1ST FLOOR ACHYUT PLAZA BHANGAGARH GHY ASSAM- 781007 6:THE DY. COMMISSIONER MORIGAON DIST- MORIGAON ASSAM PIN- 782105 7:THE SUPERINTENDENT OF POLICE (B) MORIGAON ASSAM PIN- 78210 Advocate for the Petitioner : MD. M H CHOUDHURY Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN Page No.# 3/5