Jusnara Begum @ Jutsnara Begum v. The Union of India and 5 Ors

ORDER Date : 20.03.2023 (AM Bujor Barua, J)

Heard Mr. Z Hammad, learned counsel for the petitioner. Also heard Ms. P Swargiary, learned counsel for the respondent no. 1 being the Union of India, Ms. A Verma, learned counsel for the respondents No. 2 and 6 being the authorities under the Home Department of the Government of Assam, Ms. L Devi, learned counsel for the respondent No. 3 being the authorities under the NRC, Mr. AI Ali, learned counsel for the respondent no. 4 being the Election Commission of India, and Ms. K Phukan, learned counsel for the respondent No. 5 being the Deputy Commissioner, Morigaon.

¶2The petitioner Jusnara Begum had been referred to the Foreigners Tribunal No. 5, Morigaon for rendering an opinion as to whether she is a person who entered the State of Assam from the specified period on or after 25.03.1971, Page No.# 3/4 resulting in registration of Case No. F.T.(D) 1002/2017. The Tribunal rendered an opinion dated 20.02.2019 that the petitioner is a foreigner who entered the State of Assam on or after 25.03.1971.

¶3Being aggrieved this writ petition is instituted.

¶4The petitioner relies upon the voters' list of 1965 of village Chitalmari Pather P.S. Laharighat Mouza Moirabari which contains the name of Keramat Ali, S/O Ajit at Sl. No. 244 and also the voters' list of 1970 of village Chitalmari Pather which contains the name of Keramat Ali, S/O Ajit at Sl. No. 219 and that of Serban Nessa, W/O Keramat at Sl. No. 220. The petitioner also refers to the voters' list of 1989 of village Kha) Chitalmari Pather P.S. Laharighat district Nagaon which contains the name of Keramat Ali Mo:, S/o Ajit at Sl. No. 529 and that of Serban Nessa, W/O Keramat at Sl. No. 530 and that of Jusnara Begum, D/O Keramat at Sl. No. 536 and all the three persons are indicated to be of the same household No. 105. As the name of the petitioner Jusnara Begum appears along with Keramat Ali whose name appears in the voters' list of 1965 and 1970 of the same village Chitalmari Pather, prima facie it appears that the petitioner has established that she is a citizen of India.

¶5But however, to verify the authenticity of the aforesaid voters' lists of 1965, 1970 and 1989 of village Chitalmari Pather, the matter is remanded back to the Tribunal. It is provided that the limited extent for which the matter is remanded back is to enable the Tribunal to examine the authenticity of the said voters' lists and not to venture into any other issue and accordingly, pass a reasoned order.

¶6If the reasoned order is in favour of the petitioner, the same may prevail over the opinion/order dated 20.02.2019 passed in F.T.(D) 1002/2017 and if Page No.# 4/4 against, consequence under the law is applicable to the petitioner.

¶7The petitioner to appear before the Tribunal on 27.04.2023.

¶8Till the reasoned order is passed, no coercive action be taken against the petitioner. Writ petition stands disposed of in the above terms.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010073842019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2272/2019o JUSNARAoBEGUMo@oJUTSNARAoBEGUMo D/O-oLToKERAMAToALIo@oKERAMATo@oKERAMAToALIoMORAL,oW/O-o ABDULoJABBAR,oVILL-oCHITALMARIoPATHER,oP.O.oDOLOIGAON,oMOUZA-o MOIRABARI,oP.S.oBHELOWGURI,oDIST-oMORIGAON,oASSAM,oPIN-o782126 VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoINDIA,oHOMEoDEPTT.,o NEWoDELHI-1,oINDIA 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-6 3:THEoSTATEoCO-ORDINATOR oNATIONALoREGISTERoOFoCITIZENSo(NRC) oASSAM oACHYUToPLAZA oBHANGAGARH oGHY-5 oASSAM 4:THEoELECTIONoCOMMISSIONoOFoINDIA oTOoBEoREP.oBYoTHEoCOMM. oNIRVACHANoSADAN oASHOKAoROAD oDELHI o110001 Page No.# 2/4 5:THE DY. COMMISSIONER MORIGAON DIST- MORIGAON ASSAM PIN- 782121 6:THE SUPERINTENDENT OF POLICE (B) MORIGAON DIST- MORIGAON ASSAM PIN- 78212 Advocate for the Petitioner : MR. Z HAMMAD Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN