Rabi Hussain @ Nabi Hussain and 7 Ors v. The Union of India and 6 Ors

ORDER Date : 25.04.2023 (A.M. Bujor Barua, J)

Heard Mrs. S.P. Hussain, learned counsel for the petitioners 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 Mr. A. Kalita, learned counsel for the respondents No. 2, 4 and 7, being the authorities in the Home Department; Ms. K. Phukan, learned counsel for the respondent No. 3, being the Deputy Commissioner, Morigaon and Mr. A.I. Ali, learned counsel for the respondent No. 5, being the authority in the Election Commission of India.

¶2The petitioners herein namely, Md. Rabi Hussain, Rabia Khatun, Abu Bakkar Siddique, Abdul Sattar, Abul Kalam, Abul Kasem, Abdul Hasem and Page No.# 4/5 Nurun Nehar all of whom claim to be the sons or daughters of Asmat Ali of village Durbandhi were referred to the Foreigners' Tribunal No. 5, Morigaon for rendering an opinion as to whether they are persons who had entered the State of Assam from the specified territory on or after 25.03.1971 and accordingly F.T.

(C) Case No. 236/2016 (New Number)/F.T.(C) Case No. 1524/2012(Old Number) was registered. The Tribunal rendered its opinion dated 20.11.2017 arriving at its conclusion that the petitioners are foreigners 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 petitioners rely upon the voters' list of 1971 of village Durabandhi, PS Laharighat in the Nagaon district which contains the name of Asmat Ali son of A. Rahman at Sl. No. 382. The petitioners also rely upon the voters' list of 1989 of village Durabandhi, PS Laharighat in the Nagaon district which, amongst others, contains the names of Rabi Hussain son of Asma at Sl. No. 1070, Abubakkar son of Asmat at Sl. No. 1074 and A. Sattar son of Asmat at Sl. No. 1076. The petitioners accordingly claim that the burden under Section 9 of the Foreigners Act, 1946 had been discharged inasmuch as, if Asma/Asmat of the voters' list of 1989 of village Durabandhi and Asmat Ali son of A. Rahman of the voters' list of 1971 of village Durabandhi are one and the same person, the petitioners have established that they are citizens of India.

¶4In view of the provisions of the voters' lists of 1971 and 1989 of village Durabandhi, we remand the matter back to the Foreigners' Tribunal No. 5, Morigaon to examine as to whether Asmat Ali son of A. Rahman of the voters' list of 1971 of village Durabandhi and Asma/Asmat who is referred in the voters' list of 1989 of village Durabandhi to be the father of Rabi Hussain, Nurul Haque, Abubakkar and A. Sattar are one and the same person. For the purpose, the petitioners may produce the complete voters' lists of village Durabandhi from Page No.# 5/5 the year 1971 up to 1989 to establish their claim. The State respondents in the Home Department through the Superintendent of Police(B), Darrang may also make their own verification as to whether Asmat Ali son of A. Rahman of the voters' list of 1971 of village Durabandhi and Asma/Asmat of the voters' list of 1989 of village Durabandhi are one and the same person. Upon undertaking the aforesaid exercise, the Tribunal to pass a reasoned order. If the reasoned order to be passed is in favour of the petitioners, the same shall prevail over the earlier opinion dated 20.11.2017 in F.T.(C) Case No. 236/2016 (New Number)/F.T.(C) Case No. 1524/2012(Old Number) and if it is against the petitioners, consequences under law shall follow. The petitioners to appear before the Tribunal on 02.06.2023. Till the reasoned order is passed, no coercive action be taken against the petitioners. Writ petition stands disposed of as indicated above. Send back the LCR forthwith.

J U D G E J U D G E Comparing Assistant

PageoNo.#o1/5 GAHC010077692018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2461/2018o RABIoHUSSAINo@oNABIoHUSSAINoANDo7oORS.o S/O.oLATEoASMAToALI,oRESIDENToOFoVILLAGEoDURABANDHI,oP.O.o LUCHANABORI,oP.S.oMAIRABARI,oDIST.oMORIGAON,oASSAM. 2:oRABIYAoKHATUN oD/O.oLATEoASMAToALI oRESIDENToOFoVILLAGEoDURABANDHI oP.O.oLUCHANABORI oP.S.oMAIRABARI oDIST.oMORIGAON oASSAM. 3:oABUoBAKKARoSIDDIQUE oS/O.oLATEoASMAToALI oRESIDENToOFoVILL.oDURABANDHI oP.O.oLUCHANABORI oP.S.oMAIRABARI oDIST.oMORIGAON oASSAM. 4:oABDULoSATTAR oS/O.oLATEoASMAToALI oRESIDENToOFoVILLAGEoDURABANDHI oP.O.oLUCHANABORI oP.S.oMAIRABARI oDIST.-oMORIGAON oASSAM. 5:oABULoKALAM oS/O.oLATEoASMAToALI oRESIDENToOFoVILLAGEoDURABANDHI oP.O.oLUCHANABORI oP.S.oMAIRABARI oDIST.oMORIGAON PageoNo.#o2/5 oASSAM. 6:oABULoKASEM oS/O.oLATEoASMAToALI oRESIDENToOFoVILLAGEoDURABANDHI oP.O.oLUCHANABORI oP.S.oMAIRABARI oDIST.oMORIGAON oASSAM. 7:oABDULoHASEM oS/O.oLATEoASMAToALI oRESIDENToOFoVILLAGEoDURABANDHI oP.O.oLUCHANABORI oP.S.oMAIRABARI oDIST.oMORIGAON oASSAM. 8:oNURUNoNEHAR oD/O.oLATEoASMAToALI oRESIDENToOFoVILLAGEoDURABANDHI oP.O.oLUCHANABORI oP.S.oMAIRABARI oDIST.oMORIGAON oASSAMo VERSUSo THEoUNIONoOFoINDIAoANDo6oORS.o TOoBEoREPRESENTEDoBYoTHEoMINISTRYoOFoHOMEoAFFAIRS,oNEWoDELHI. 2:THEoSTATEoOFoASSAM oTOoBEoREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoDEPUTYoCOMMISSIONER oDIST.oMORIGAON oASSAM. 4:THEoSUPERINTENDENToOFoPOLICEo(B)oMORIGAON oDIST.oMORIGAON oASSAM. 5:THEoELECTIONoCOMMISSIONoOFoINDIA Page No.# 3/5 NIRVACHAN SADAN ASOKA ROAD NEW DELHI-110001 6:THE STATE CO-CORDINATOR NATIONAL REGISTRATION OF CITIZENS ASSAM BHANGAGARH GUWAHATI. 7:THE MEMBER FOREIGNER TRIBUNAL MORIGAON DISTRICT- MORIGAON ASSAM Advocate for the Petitioner : MRS. S P HUSSAIN Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN