Abdul Jabbar and 4 Ors v. The Union of India and 6 Ors

ORDER

16.05.2023 (AM Bujor Barua, J)

Heard Mr. FU Borbhuiya, learned counsel for the petitioners. 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, Mr. G Sharma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam as well as the Superintendent of Police (B) Morigaon as well as the Officer-in-Charge of Lahorighat Police Station, Morigaon and Mr. TR Gogoi, learned Government Advocate for the Deputy Commissioner, Morigaon.

¶2The petitioner No.1, namely, Md. Abdul Jabbar was referred to the Foreigners Tribunal 5th Morigaon for rendering an opinion as to whether he is a person who had entered the State of Assam on or after 25.03.1971 resulting in the registration of Case No.F.T.319/2016 (New Number) corresponding to Page No.# 4/6 F.T.1127/12 (Old Number) wherein an opinion dated 26.02.2018 was rendered declaring the petitioner No.1 to be a person who had entered the State of Assam from the specified territory on or after 25.03.1971.

¶3Being aggrieved this writ petition is instituted.

¶4In the writ proceeding, the petitioner No.1 relies upon the voters list of 1965 of village Boralimari (South Part) P.S. Ropohihat district Nagaon which contains the name of Hussain Ali son of Abdul Rahman at Sl.No.431 and that of Khatijan Bibi wife of Hussain at Sl.No.432 and both are shown to be residing in the same House No.100. The petitioner petitioner No.1 also refers to the voters list of 1993 of village Boralimari (South Part) P.S. Juria in the Nagaon district which contains the name of Khatiza wife of Hussain at Sl.No.384 and that of Jabbar son of Hussain at Sl.No.385 and both are shown to be residing in the same House No.804. It is claimed that Khatiza Bibi wife of Hussain Ali of the 1965 voters list of village Boralimari (South Part) is his mother and Jabbar son of Hussain of the 1993 voters list of village Boralimari (South Part) is the writ petitioner No.1/proceedee himself. If it can be established that the writ petitioner No.1/proceedee Md. Abdul Jabbar and Jabbar, son of Hussain of the 1993 voters list of village Boralimari (South Part) are one and the same person, perhaps the petitioner No.1 may have discharged the burden under Section 9 of the Foreigners Act 1946 to prove that he is a citizen of India. But, again it would depend on the answer to the question as to whether the writ petitioner No.1/proceedee Md. Abdul Jabbar and Jabbar, son of Hussain of the 1993 voters list of village Boralimari (South Part) are one and the same person.

Page No.# 5/6

¶5For the purpose, the matter stands remanded back to the Tribunal for examining the voters list of 1965 of village Boralimari (South Part) P.S. Ropohihat district Nagaon and the voters list of 1993 of village Boralimari (South Part) and as well as any material that the petitioner No.1 may produce to prove that the writ petitioner No.1/proceedee Md. Abdul Jabbar and Jabbar, son of Hussain of the 1993 voters list of village Boralimari (South Part) are one and the same person.

¶6The respondents in the Home Department may also make their own verification on the aforesaid question as to whether the writ petitioner No.1/proceedee Md. Abdul Jabbar and Jabbar, son of Hussain of the 1993 voters list of village Boralimari (South Part) are one and the same person and submit a report before the Tribunal, if so advised.

¶7Accordingly, the petitioner No.1 shall appear before the Tribunal on

30.06.2023.

¶8It is pointed out that the voters list of 2005 of village Puthimari P.S. Juria in the Nagaon district contains the name of Abdul Jabbar as son of Hussain Ali at Sl. No.1182. The Tribunal may also look into the aforesaid aspect.

¶9The Tribunal upon doing the needful and after examining the evidences and materials shall pass a reasoned order. In the event, the reasoned order is in favour of the petitioner No.1, the same shall prevail over the opinion dated

26.02.2018 of the Foreigners Tribunal 5th Morigaon in Case No.F.T.319/2016 Page No.# 6/6 (New Number) corresponding to F.T.1127/12 (Old Number) and if it is against the petitioner No.1, consequential action under the law shall follow.

¶10Till the reasoned order is passed, no coercive action be taken against the petitioner No.1.

¶11In respect of the petitioners No.2, 3, 4 and 5 as they are admittedly the sons of the petitioner No.1 Md. Abdul Jabbar, the determination of their citizenship would also depend upon the citizenship as may be determined by the Tribunal in respect of the petitioner No.1.

¶12Writ petition stands disposed of in the above terms.

¶13Send back the LCR.

JUDGE JUDGE Comparing Assistant

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