Jalal Seikh v. The Union of India and 7 Ors

ORDER Date : 31.03.2023 (AM Bujor Barua, J)

Heard Mr. S Dey, learned counsel for the petitioner. Also heard Ms. L Devi, learned counsel for the respondents no. 1 and 6 being the authorities under the Union of India and NRC, respectively, Ms. A Verma, learned counsel for the respondents no. 2, 4, 5 and 8 being the authorities under the Home Department of the Government of Assam, Ms. M Dutta, learned counsel for the respondent no. 3 being the Deputy Commissioner, Kamrup (M) and Mr. AI Ali, learned counsel for the respondent no. 7 being the Election Commission of India.

¶2The petitioner Jalal Seikh had been referred to the Foreigners' Tribunal No. 2, Kamrup (M), Assam for rendering an opinion as to whether he is a person who entered the State of Assam from the specified territory on or after

25.03.1971 resulting in registration of F.T. Case No. 58/2016 and FT Case No. 51/2016. The Tribunal rendered an opinion dated 01.12.2018 declaring the petitioner to be a foreigner.

¶3Being aggrieved, this writ petition is instituted.

¶4The petitioner relies upon the voters' list of 1971 of village Patanerkuti which contains the name of Karim Sk, S/O Karap Ali at Sl. No. 21 and the voters' list of 1985 of village Patanerkuti which contains the name of Jalil Sk., S/O Karim and Anek, W/O Jalil at Sl. No. 691 and 692 respectively. The petitioner claims Jalil Sk. is his father and Anek is his mother. The petitioner thereupon relies upon the voters' list of 2005 of village Patanerkuti which contains the name of Page No.# 4/5 Jalil Sheikh, S/O Karim Sheikh at Sl. No. 525 and Aneka Bibi, W/O A Jalil Sheikh at Sl. No. 596 and Jalal Sheikh, S/O A Jalil Sheikh at Sl. No. 527.

¶5Accordingly, Jalal Sheikh by showing him to be son of Jalil Sheik who in turn is the son of Karim Sk., a contention is raised that the petitioner Jalal Sheik is the citizen of India.

¶6In view of the above, the matter stands remanded back to the Tribunal to examine the veracity and correctness of the voters' list of village Patanerkuti from the year 1971 to 2005 and thereafter, pass a reasoned order. The petitioner to produce the complete voters' lists of all the years of village Patanerkuti before the Tribunal. The respondents through the Superintendent of Police (Border), Kamrup(M) also make a verification as to whether Jalal Sheikh whose name appears in the voters' list of village Patanerkuti of the year 2005 and the Jalal Sheikh the proceedee in the present writ proceeding are one and the same person.

¶7The petitioner to appear before the Tribunal on 10.05.2023.

¶8If the reasoned order is in favour of the petitioner, the same may prevail over the opinion/order dated 01.12.2018 passed in F.T. Case No. 58/2016 and F.T. Case No. 51/2016 and if against, consequence under the law is applicable to the petitioner.

¶9Till the reasoned order is passed, no coercive action be taken against the petitioner.

Send back the LCR.

Writ petition stands disposed of in the above terms. JUDGE JUDGE Page No.# 5/5 Comparing Assistant

PageoNo.#o1/5 GAHC010076672019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2380/2019o JALALoSEIKHo S/O.oJALILoSEIKH,oR/O.oVILL-oPATNERKUTI,oP.S.oGOLAKGANJ,oDIST.o DHUBRI,oASSAM-o783332. VERSUSo THEoUNIONoOFoINDIAoANDo7oORS.o REP.oBYoTHEoSECY.,oMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOFoINDIA,o SHASTRIoBHAWAN,oNEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM oTHROUGHoTHEoADDITIONALoCHIEFoSECRETARY oHOMEoANDoPOLITICALoDEPTT. oGOVT.oOFoASSAM oASSAMoSECRETARIAT oGHY. oASSAM-o781006. 3:THEoDY.oCOMMISSIONERoOFoPOLICEo(BORDER) oGHY. oASSAM. 4:THEoOFFICER-IN-CHARGE oBHANGAGARHoPOLICEoSTATION oGAUHATIoMEDICALoCOLLEGEoANDoHOSPITAL oGUWAHATI oASSAM-o781005. 5:THEoLD.oMEMBER oFOREIGNERSoTRIBUNALoNO.o2 Page No.# 2/5 KAMRUP(M) HEDAYATPUR GHY. ASSAM- 781001. 6:THE STATE COORDINATOR O/P/ THE STATE COORDINATOR NRC ASSAM 1ST FLOOR ACHYUT PLAZA GS ROAD BHANGAGARH GHY. ASSAM- 781005. 7:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001. 8:THE CHAIRMAN STATE POLICE ACCOUNTABILITY COMMISSION AMITABH HOUSE NO. 95 DR. B.K. KAKATI ROAD ULUBARI GHY. ASSAM- 781007 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : ASSTT.S.G.I. Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN