Musstt. Mulkusum Begum @ Mulkusum Nessa v. The Union of India and 7 Ors

O R D E R

21.06.2023. (A.M. Bujor Barua, J) Heard Ms. D. Ghosh, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel for the respondent No.1 being the Union of India, Mr. G. Sarma, learned Counsel Page No.# 3/4 appearing for the Home Department of Government Assam for the respondent No.2, 6, 7 & 8, Mr. A.I. Ali, learned counsel for the respondent No.3 being the Election Commission of India and Mr. M. Dutta, learned Advocate for the respondent No.5 being the Deputy Commissioner, Barpeta.

¶2The petitioner, namely, Musstt. Mulkusum Begum @ Mulkusum Nessa has been referred to the Foreigners' Tribunal No.11, Barpeta District for rendering an opinion as to whether she is a foreigner under the Foreigners Act, 1946, resulting in registration of F.T. Case No. (Bpt/11th) F.T. 611/2016 [Ref. IM(D)T No.6942(A) dt.12/8]. The Tribunal rendered it's opinion dated 15.11.2018 declaring the petitioner to be a foreigner. Being aggrieved this Writ Petition is instituted.

¶3In the writ proceeding, reliance is placed on the Voters' List of 1970 of Village Baguriguri Pathar, Mouza Kharija Bijni in the present Barpeta District, which contains the name of Moni Mandal son of Aata at Sl. No.304. Reliance is also placed on the Voters' List of 1985 of village Bagriguri Pathar which contains the name of M. Momin Mondal son of Atab at Sl. No.216 and that of M. Mokbul Hussain son of Momin at Sl. No.220. It is claimed that M. Momin Mondal of 1985 Voters List or Moni Mandal of the 1970 Voters List is the father of the petitioner and M. Mokbul Hussain of the 1985 Voters List is the brother and M. Mokbul Hussain had rendered evidence as DW.3 before the Tribunal stating that Musstt. Mulkusum Begum is his sister.

¶4A zamabandi in respect of a plot of land at village Bagriguri Pathar is also relied upon which refers to an order of the Circle Officer dated 17.07.2018, in Mutation Case No.BAR/BARN/2018-19/179/FMUT, which contains the information that amongst others, the name of Mulkusum daughter of Momin Mondal had been mutated in place of Momin Mondal.

¶5By relying upon the information contained in the zamabandi and also the evidence of the DW.3, where the name of the DW.3 claimed to be appearing along with M. Momin Mondal in the 1985 Voters List, where the name of Mani Mandal appears in the Voters List of 1965 of Village Baguriguri Pathar. Accordingly it is claimed that the burden under Section 9 of the Foreigners Act has been discharged by the petitioner.

¶6In view of above, the matter is remanded back to the Tribunal to examine the Voters' Page No.# 4/4 Lists of 1965, 1970 and 1985 of village Baguriguri Pathar as well as the zamabandi in respect of a plot of land at village Bagriguri Pathar and pass a reasoned order thereon.

¶7The petitioner to produce the complete order of the Circle Officer dated 17.07.2018, in Mutation Case No.BAR/BARN/2018-19/179/FMUT. Petitioner to also produce relevant materials before the Tribunal which may show that Mani Mandal of the Voters List of 1965 of Village Baguriguri Pathar and M. Momin Mondal of the same village of 1985 Voters List are one and the same person and also that the father of Moni Mandal namely Aata and father of M. Momin Mondal namely Atab are also one and the same person.

¶8The respondent in the Home Department may also verify the aforesaid claim and make their submission as well as submit a report before the Tribunal.

¶9The petitioner to appear before the Tribunal on 28.07.2023. In the event, the reasoned order is in favour of the petitioner, the same would prevail over the order dated 15.11.2018, passed in F.T. Case No. (Bpt/11th) F.T. 611/2016 [Ref. IM(D)T No.6942(A) dt.12/8] and if it is against her, the consequence under the law may follow.

¶10Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶11The petition stands allowed as indicated above. Send back the LCR immediately.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010063742021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4003/2021o MUSSTT.oMULKUSUMoBEGUMo@oMULKUSUMoNESSAo D/O-oLT.oMOMINoMANDALo@oMANIoMANDAL,oW/O-oMD.oKUMURUDDIN,o R/O-oVILL-oPORAGAON,oP.S.oSORBHOG,oDIST.-oBARPETA,oASSAM,oPIN-o 781317 VERSUSo THEoUNIONoOFoINDIAoANDo7oORSo REP.oBYoTHEoSECY.,oMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOFoINDIA,o SHASTRIoBHAWAN,oNEWoDELHI-o110001 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-06 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSION oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-o110001 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTRATIONoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oG.S.ROAD oBHANGAGARH oGHY oASSAM oPIN-o781005 Page No.# 2/4 5:THE DY. COMMISSIONER BARPETA P.O. AND P.S. BARPETA DIST.- BARPETA ASSAM PIN- 781301 6:THE FOREIGNERS TRIBUNAL NO-11TH BARPETA ASSAM DIST.- BARPETA ASSAM PIN- 781301 7:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O. AND P.S.- BARPETA DIST.- BARPETA ASSAM PIN- 781301 8:THE OFFICER-IN-CHARGE OF SORBHOG P.S. P.O.- SORBHOG DIST.- BARPETA ASSAM PIN- 78131 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : ASSTT.S.G.I. BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON'BLE MR. JUSTICE ROBIN PHUKAN