Eunus Ali @ Ennas Ali and 2 Ors v. The Union of India and 8 Ors

ORDER Date : 26.06.2023 (A.M. Bujor Barua, J)

Heard Mr. A.M. Barbhuiya, learned counsel for the petitioners and Ms. L. Devi, learned counsel for the respondents No. 1 and 5, being the Union of India and the State Co-ordinator of NRC, respectively. Also heard Mr. G. Sarma, learned counsel for the respondents No. 2, 6, 8 and 9, being the authorities in the Home Department; Mr. A.I. Ali, learned counsel for the respondents No. 3 and 4, being the authorities in the Election Commission of India and Ms. U. Das, learned counsel for the respondent No. 7, being the Deputy Commissioner, Nagaon.

¶2The petitioner No. 1 Eunus Ali @ Ennas Ali was referred to the Foreigners' Tribunal No. 2, Nagaon for rendering an opinion as to whether he is a foreigner within the meaning of foreigner under the Foreigners Act, 1946 and accordingly F.T. Case No. 1157/2011 was registered. The Tribunal had rendered its opinion dated 19.11.2019 arriving at its conclusion that the petitioner No. 1 is a foreigner within the meaning of foreigner under the Foreigners Act, 1946. Being aggrieved this writ petition is instituted.

¶3In the writ proceeding, the petitioner No. 1 relies upon a sale deed No. 5826 dated 24.06.1965, wherein the purchaser is depicted as Md. Sabdar Ali son of late Ahed Ali, resident of village Ramani Pathar. The petitioner No. 1 also relies upon the voters' list of 1970 of village Ramani Pathar, PS Kampur in the Nagaon district which contains the name of Sabdar Ali son of Ahed at Sl. No. 4. It is claimed that Sabdar Ali is the father of the petitioner. The petitioner further Page No.# 4/6 relies upon the voters' list of 1985 of village Ramani Pathar, PS Raha in the Nagaon district which contains the names of Md. Sabdar Ali son of Ahed Ali at Sl. No. 45 and Kampana Nessa wife of Md. Adar Ali at Sl. No. 46. It is clarified that Kampana Nessa is in fact the wife of Md. Sabdar Ali who is wrongly shown as Md. Adar Ali. Further reliance is also placed upon the voters' list of 1997 of village Ramani Pathar, PS Kachuwa in the Nagaon district which contains the names of Sabdar Ali son of Ahed Ali at Sl. No. 145, Komani Nessa wife of Sabdar Ali at Sl. No. 146 and Safiya Khatun wife of Sabdar Ali at Sl. No. 147 and it is claimed that Komani Nessa and Safiya Khatun are two wives of Sabdar Ali. Reliance is also placed upon the voters' list of 1997 of village Ramani Pathar, PS Kachuwa in the Nagaon district which contains the names of Babul Miya at Sl. No. 184 who is supposed to be son of Sabdar Ali, but is shown to be the wife and Amina Khatun wife of Babul Miya at Sl. No. 185. Further reliance is placed upon the voters' list of 1997 of village Ramani Pathar, PS Kachuwa in the Nagaon district which contains the names of Eunus Ali son of Sabdar Ali at Sl. No. 186 and Rahima Khatun wife of Eunus Ali at Sl. No. 187. It is claimed that Eunus Ali son of Sabdar Ali is the petitioner No. 1 himself.

¶4It is sought to be clarified that Eunus Ali son of Sabdar Ali resides in house No. 73 whereas Babul Miya son of Sabdar Ali resides in house No. 72 and Sabdar Ali himself resides in house No. 56 and upon the enlargement of the family, the different sons of Sabdar Ali are residing in different households within the same village.

¶5In view of the above, we remand the matter back to the Foreigners' Tribunal No. 2, Nagaon to examine sale deed No. 5826 dated 24.06.1965, the original certified copy of which is to be produced by the petitioner before the Tribunal as well as the aforesaid voters' lists of 1970, 1985 and 1997 of village Page No.# 5/6 Ramani Pathar in the Nagaon district. The petitioner to produce the complete voters' lists of the years 1966, 1970, 1985 and 1997 of village Ramani Pathar for examination of the Tribunal. The State respondents in the Home Department may make their own verification as to whether the different sons of Sabdar Ali as indicated above are residing in different households within the same village Ramani Pathar and thereafter submit a report before the Tribunal. The State respondents in the Home Department may also make their own verification as to whether Eunus Ali of the voters' list of 1997 of village Ramani Pathar and the writ petitioner No. 1 Eunus Ali @ Ennas Ali are one and the same person and thereafter submit a report before the Tribunal.

¶6Upon doing the needful, the Tribunal to pass a reasoned order. If the reasoned order to be passed is in favour of the petitioner No. 1, the same shall prevail over the earlier opinion dated 19.11.2019 in F.T. Case No. 1157/2011 and if it is against the petitioner No. 1, consequences under law shall follow. Till the reasoned order is passed, no coercive action be taken against the petitioner No. 1.

¶7It is noticed that the Tribunal had passed a common opinion dated

19.11.2019 in F.T. Case No. 1157/2011 in respect of Unish Ali, F.T. Case No. 1156/2011 in respect of Babul Hussain and F.T. Case No. 1158/2011 in respect of Abdul Hussain. We have decided the opinion rendered in F.T. Case No. 1157/2011 in respect of Unish Ali.

¶8When individual references are made before the Tribunal, it is for the Tribunal to pass individual opinions against them instead of making an effort to pass a common opinion in respect of more than one person who are referred, although there may be a claim that the persons are either brothers or they belong to the same family. Page No.# 6/6

¶9For the aforesaid reason, the opinion dated 19.11.2019 in F.T. Case No. 1156/2011 in respect of Babul Hussain and F.T. Case No. 1158/2011 in respect of Abdul Hussain are set aside. Babul Hussain and Abdul Hussain to appear before the Tribunal on the date given hereinbelow and the Tribunal shall adjudicate their citizenship by passing separate opinions based upon any material that they may produce. In the event Babul Hussain of F.T. Case No. 1156/2011 and Abdul Hussain of F.T. Case No. 1158/2011 do not appear before the Tribunal on the given date, the respondents in the Home Department would be at liberty to take them into custody inasmuch as, the opinion rendered against them has been interfered on a technical ground rather than on merit. All the three petitioners to appear before the Tribunal on 01.08.2023. Writ petition stands disposed of as indicated above.

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

PageoNo.#o1/6 GAHC010087622020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2994/2020o EUNUSoALIo@oENNASoALIoANDo2oORS.o S/O-oLT.oSABDARoALI,oVILL-oGERJAIPAM,oP.S.oKACHUA,oDIST.-oNAGAON,o ASSAM 2:oBABULoHUSSAINo@oBABALoMIYA oS/O-oLT.oSABDARoALI oVILL-oRAMONIoPATHER oP.S.oKACHUA oDIST.-oNAGAON oASSAM 3:oABULoHUSSAINo@oABDULoHUSSAIN oS/O-oLT.oSABDARoALI oVILL-oGERJAIPAM oP.S.oKACHUA oDIST.-oNAGAON oASSAo VERSUSo THEoUNIONoOFoINDIAoANDo8oORS.o REP.oBYoTHEoSECY.,oHOMEoDEPTT.,oNEWoDELHI,oINDIA 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-6 3:THEoCHIEFoELECTIONoCOMMISSIONER oOFoINDIA oNIRVACHANoBHAVAN oNEWoDELHI Page No.# 2/6 4:THE STATE ELECTION COMMISSIONER OF ASSAM DISPUR GUWAHATI-06. 5:THE STATE COORDINATOR NATIONAL REGISTRAR OF CITIZENS (NRC) ASSAM GUWAHATI. 6:THE FOREIGNERS REGIONAL REGISTRATION AUTHORITY (FRRA) NAGAON ASSAM. 7:THE DY. COMMISSIONER CUM RETURNING OFFICER DIST. NAGAON ASSAM. 8:THE SUPDT. OF POLICE NAGAON ASSAM. 9:THE SUPDT. OF POLICE (B) NAGAON DIST. MORIGAON ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA Advocate for the Respondent : ASSTT.S.G.I. Page No.# 3/6 BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND