Md. Siraj Uddin @ Siraj Uddin v. The Union of India and 5 Ors

ORDER

29.05.2023 [Achintya Malla Bujor Barua, J.] Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K.D. Choudhury, learned Dy.S.G.I. for the respondent No.1 and also appearing as standing counsel, NRC, for respondent No.4; Mr. G. Sarma, learned special counsel, FT, appearing for respondent Nos.3 and 6; Mr. T. Pegu, learned standing counsel, ECI, for respondent No.2 and Ms. U. Das, learned Additional Senior Government Advocate, Assam, appearing for respondent No.5.

¶2The petitioner Siraj Uddin had been referred to the Foreigners' Tribunal 5th, Nagaon, 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, which resulted in registration of F.T. Case No.4437/2018. The Tribunal rendered an opinion dated

06.04.2018 declaring the petitioner to be a foreigner. Being aggrieved this writ petition is instituted.

¶3In the writ proceeding before the Court, the petitioner relies on the voters list of 1965 of village Dhupguri Pathar, P.S.-Dhing, Mouza-Batadrava in the Nagaon district which contain the names of A. Sattar S/o A. Wahab at Sl.No.468 and that of Rahimuddin S/o A. Sattar at Sl.No.470, where both are shown to be residing in the same house No.106. The petitioner relies upon the Jamabandi of village Dhupguri which contains the order of the Circle Officer dated 29.03.1989 by which the names Page No.# 3/3 of, amongst others, Siraj Uddin S/o A. Sattar has been mutated in place of A. Sattar. As the petitioner through mutation had inherited the land of A. Sattar, it is claimed that he has discharged the burden of proof that he is the son of A. Sattar of village Dhupguri whereas the voters list of 1965 of village Dhupguri Pathar contains the name of A. Sattar S/o A. Wahab at Sl.No.468 which shows that A. Sattar would be a citizen.

¶4In view of above, the matter is remanded back to the Tribunal to examine the Jamabandi of village Dhupguri Pathar. The petitioner shall produce the complete order of the Circle Officer dated 29.03.1989 for examination of the Tribunal and thereupon the Tribunal shall pass a reasoned order. The petitioner also to explain before the Tribunal as to why Rahim Uddin S/o A. Sattar whose name appears in the voters list of 1965 did not inherit the land of A. Sattar through mutation to be incorporated in the order of the Circle Officer dated 29.03.1989. The respondent Home Department may make their own verification and submit a report to the Tribunal. In the event, the reasoned order is passed in favour of the petitioner, the same shall prevail over the earlier opinion dated 06.04.2018 and if it is against the petitioner, consequential action shall follow.

¶5The petitioner shall accordingly appear before the Tribunal on 01.07.2023. Till the reasoned order is passed, no coercive action shall be taken against the petitioner.

¶6Send back the LCR immediately.

¶7Writ petition stands disposed of in the above terms.

Comparing Assistant Sd/- Robin Phukan JUDGE

Sd/- Achintya Malla Bujor Barua JUDGE

PageoNo.#o1/3 GAHC010099922018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3220/2018o MD.oSIRAJoUDDINo@oSIRAJoUDDINo S/O-oLToABDULoSATTARo@oA.oSATTAR,oVILL-oDHUPAGURIoPATHAR,oP.S.o DHING,oDIST-oNAGAON,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oSHASTRIoBHAWAN,oTILOKoMARG,oNEWoDELHI-1 2:ELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI-1 3:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oMINISTRYoOFoHOMEoDEPTT. oDISPUR oGHY-6 4:THEoSTATEoCOORDINATOR oNRC oASSAM oBHANGAGARH oGHY-5 5:THEoDY.oCOMMISSIONER oNAGAON 6:THEoSUPERINTENDENToOFoPOLICEo(B) oNAGAON oASSAo AdvocateoforotheoPetitionerooooo:oMR.oAoRoSIKDARo Page No.# 2/3 Advocate for the Respondent : ASSTT.S.G.I. BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON'BLE MR. JUSTICE ROBIN PHUKAN