Abdul Ali v. The Union of India and 7 Ors

ORDER

23.05.2023 (AM Bujor Barua, J)

Heard Ms. D Ghosh, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC for the respondents in the Union of India as well as the Page No.# 3/5 authorities under the NRC, Mr. AI Ali, learned counsel for the authorities under the Election Commission of India, Ms. A Verma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam, the Superintendent of Police (B) Barpeta as well as the Officer-in-Charge of Sarthebari Police Station, Barpeta and Ms. K Phukan, learned Government Advocate for the Deputy Commissioner, Barpeta.

¶2The petitioner, namely, Abdul Ali was referred to the Foreigners Tribunal No.III Barpeta 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 F.T. Case No.2167(III)/2016 corresponding to Ref.IMDT Case No.5869/98 wherein an opinion dated 27.12.2018 was rendered declaring the petitioner 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, petitioner relies upon the voters list of 1970 of village Dhumarpathar P.S. Sarbhog in the present Barpeta district which contains the name of Kurpan Ali son of Samsher Ali at Sl.No.227. It is stated that Kurpan Ali of the 1970 voters list is the father of the petitioner. The petitioner further relies upon the voters list of 1989 of village Dhumarpathar which contains the name of Abdul Ali son of Kurpan at Sl.No.244.

¶5If the information contained in the voters list of 1970 and 1989 of village Page No.# 4/5 Dhumarpathar is correct, the petitioner may have discharged the burden under Section 9 of the Foreigners Act 1946 that he is a citizen of India. But, however, it is noticed that although the two voters list are of the same village, but there is no continuity in the voters list between the year 1970 and 1989 and therefore, the petitioner would be required to produce the complete voters list from 1970 to 1989 of village Dhumarpathar. It is also noticed that Moriom Nessa is one of the wife of Kurpan, whereas Abdul Ali is the son of Kurpan as per the voters list of 1989, but no voters list is available where the name of Moriom Nessa wife of Kurpan and Kurpan may appear together, either in the voters list 1970 of village Dhumarpathar or any of the voters list thereafter.

¶6In the circumstance, the petitioner shall produce any such voters list which may contain the name of Moriom Nessa and Kurpan Ali together in the same voters list.

¶7Accordingly, the matter stands remanded back to the Tribunal to examine the aforesaid aspect. The respondents in the Home Department may also make their own verification on the authenticity of the aforesaid two voters list and also as to whether the writ petitioner/proceedee Abdul Ali and the Abdul Ali of the 1989 voters list of village Dhumarpathar are one and the same person and submit a report before the Tribunal, if so advised.

¶8Accordingly, the petitioner shall appear before the Tribunal on 07.07.2023. Both the petitioner and the State respondents may be allowed to produce any further evidence, if so advised. Page No.# 5/5

¶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, the same shall prevail over the opinion dated

27.12.2018 of the Foreigners Tribunal No.III Barpeta in F.T. Case No.2167(III)/2016 corresponding to Ref.IMDT Case No.5869/98 and if it is against the petitioner, consequential action under the law shall follow.

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

¶11Writ petition stands disposed of in the above terms.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010081972022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3327/2022o ABDULoALIo S/O-oLATEoKURPANoALIo R/O-oVILLAGE-oGOLIBANDHAo MOUZA-oPAKAo P.S-oSARTHEBARIo DIST-oBARPETAo ASSAM VERSUSo THEoUNIONoOFoINDIAoANDo7oORSo REP.oBYoTHEoSECRETARYoTOoTHEoMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOF INDIA,oSASTRIoBHAWAN,oNEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSIONoOFoINDIA oNIRVACHANoSADAN oASHOKAoROAD NEWoDELHI-110001 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTERoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oG.SoROAD. Page No.# 2/5 BHANGAGARH GUWAHATI-05 DIST- KAMRUP (M) 5:THE FOREIGNERS TRIBUNAL-III BARPETA DIST- BARPETA ASSAM PIN-781301 6:THE DEPUTY COMMISSIONER P.O-BARPETA DIST- BARPETA ASSAM PIN-781301 7:THE SUPERINTENDENT OF POLICE (B) P.O-BARPETA DIST- BARPETA ASSAM PIN-781301 8:THE OFFICER IN CHARGE SARTHEBARI POLICE STATION P.O-SARTHEBARI DIST- BARPETA ASSAM PIN-78130 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN