Musstt. Sahara Khatun v. The Union of India and 3 Ors

Page No.# 1/3 GAHC010060902017

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/8165/2017 MUSSTT. SAHARA KHATUN W/O. MD. IMAN ALI, VILL. KASIMPUR, P.S. NALBARI, P.O. KENDUKUCHI, DIST. NALBARI ASSAM. VERSUS THE UNION OF INDIA and 3 ORS. REPRESENTED BY THE SECRETARY OF HOME AFFAIRS, NEW DELHI-110001. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER and SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 3:THE SUPERINTENDENT OF POLICE B NALBARI ASSAM PIN-781337. 4:THE DEPUTY COMMISSIONER NALBARI ASSAM PIN-781335 Advocate for the Petitioner : MR.S C PANDIT Advocate for the Respondent : GA, ASSAMR. 2, 3, and 4. Page No.# 2/3

BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON'BLE MR. JUSTICE ROBIN PHUKAN O R D E R

21.06.2023 (A.M. Bujor Barua, J)

Heard Mr. SC Pandit, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC appearing on behalf of respondents in the Union of India as well as for the authorities in the NRC, Mr. G Sarma, learned counsel for the State respondents in the Home Department of Government of Assam, Mr. AI Ali, learned counsel for the Election Commission of India and Ms. K Phukan, learned counsel for the Deputy Commissioner, Nalbari.

¶2The petitioner Musstt. Sahara Khatun had been referred to the Foreigners Tribunal No. 1, Nalbari for rendering an opinion as to whether she is a foreigner within the meaning of foreigner under the Foreigners Act, 1946, resulting in registration of FT (Nal) Case No(N). 230/2016, wherein an opinion dated

20.11.2017 was rendered declaring the petitioner to be a foreigner. Being aggrieved, this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies upon the voters list of 1965 of village Kashimpur, Mouza natun Dehar in the present Nalbari district, which contains the name of Kasimuddin Sekh son of Syed Ali at serial No. 249 and Aimal Bibi wife of Kasimuddin at serial No. 250 and both of them are shown to be residing in the same house No. 83. Further reference is made to the Jamabandi of a plot of land at village Kashimpur, which contains the information that as per the order of the Circle Officer dated 20.05.1999, the name of Md. Sikandar Ali was mutatd in place of Kachimuddin and accordingly at serial No. Page No.# 3/3 13 of the Jamabandi, the name of Md. Sikandar Ali son of Kachimuddin had been entered and the name of Kachimuddin son of late Syed Ali had been deleted. Accordingly, the petitioner seeks to establish that Sikandar Ali is the son of Kasimuddin. Sikandar Ali rendered evidence as DW-2 stating that the petitioner Sahara Khatun is his sister.

¶4In view of the above, we remand the matter back to the Tribunal to examine the voters list of 1965 of village Kashimpur, the Jamabandi of the plot of land at village Kashimpur as well as the evidence of DW-2 Sikandar Ali. The petitioner shall produce the complete order of the Circle Officer dated

20.05.1999 before the Tribunal for its examination. The State through the Home Department may cross-examine the DW-2 Sikandar Ali as may be advised. The respondents in the Home Department may also make a verification and submit a report before the Tribunal. Upon doing the needful, the Tribunal shall pass a reasoned order thereon.

¶5If the reasoned order is in favour of the petitioner, the same shall prevail over the earlier opinion dated 20.11.2017 and if it goes against the petitioner, consequence as per law shall follow.

¶6The petitioners shall appear before the concerned Foreigners Tribunal on

25.07.2023. Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶7The writ petition is allowed as indicated above.

¶8Send back the LCR immediately.

JUDGE JUDGE Comparing Assistant