Mayful Begum @ Mayful Nessa v. The Union of India and 5 Ors

ORDER Date : 10.05.2023 (A.M. Bujor Barua, J)

Heard Mr. A.R. Sikdar, learned counsel for the petitioner and Ms. L. Devi, learned counsel for the respondents No. 1 and 6, 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 4, being the authorities in the Home Department; Ms. U. Das, learned counsel for the respondent No. 3, being the Deputy Commissioner, Barpeta and Mr. A.I. Ali, learned counsel for the respondent No. 5, being the authorities in the Election Commission of India.

¶2The petitioner Mayful Begum @ Mayful Nessa was referred to the Foreigners' Tribunal No. 9, Barpeta 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 F.T.9th Case No. 343/2015 was registered. The Tribunal rendered its opinion dated 22.02.2018 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 petition is instituted.

¶3In the writ proceeding, the petitioner relies upon the voters' list of 1965 of village Gobardhana, P.S. Sorbhog in the present Barpeta district which contains the name of Isab Ali Sheikh son of Rosul at Sl. No. 124. In order to establish Page No.# 3/3 that the petitioner is the daughter of Isab Ali Sheikh, reliance is placed on a kabin nama of marriage which contains the information that Musstt. Mayful Nessa is the daughter of Md. Isab Ali of village Gobardhana, P.S. Barpeta Road in the Barpeta district.

¶4As the petitioner is relying on the information contained in a kabin nama, it would be more appropriate to examine the Kazi who had solemnized the marriage along with the original records of the marriage which may contain the aforesaid information.

¶5In view of the above, we remand the matter back to the Foreigners' Tribunal No. 9, Barpeta to enable the petitioner to examine the Kazi of the marriage who had issued the kabin nama which has been relied upon. The State respondents in the Home Department of the Government of Assam through the Superintendent of Police(B), Barpeta may also make their own verification on the claim made by the petitioner and submit a report before the Tribunal. The petitioner may also produce any further material before the Tribunal, if so advised. Upon doing the needful, the Tribunal to pass a reasoned order. If the reasoned order to be passed is in favour of the petitioner, the same shall prevail over the earlier opinion dated 22.02.2018 in F.T.9th Case No. 343/2015 and if it is against the petitioner, consequences under law shall follow. The petitioner to appear before the Tribunal on 22.06.2023. Till the reasoned order is passed, no coercive action be taken against the petitioner. Writ petition stands disposed of as indicated above. Send back the LCR forthwith.

J U D G E Comparing Assistant

PageoNo.#o1/3 GAHC010073322018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2389/2018o MAYFULoBEGUMo@oMAYFULoNESSAo D/O-oLATEoISABoALIoSHEIKHo@oISABoALI,oW/O-oMOZIBARoRAHMAN,oVIL-o GOBARDHANA,oP.S-oBARPETA,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVToOFoINDIA,oMINoOFoHOMEo AFFAIRRS,oSHASTRIoBHAWAN,,oTRILOKoMARG,oNEWoDELHI-o1 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM oHOMEoDEPTT oDISPUR oGUWAHATI-6 3:THEoDEPUTYoCOMMISSIONER oBBARPETA oP.O oP.SoANDoDIST-oBARPETA oASSAM oPIN-o781301 4:THEoSUPERINTENDENToOFoPOLICE(B) oBARPETA oP.OoANDoDIST-oBARPETA oASSAM oPIN-o781301 5:THEoELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI 6:THEoASSAMoSTATEoCOORDINATORoOFoNRC oBHANGAGARH Page No.# 2/3 GUWAHATI- 0 Advocate for the Petitioner : MR N AHMED Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN