Hamed Ali Akand @ Hamed Ali v. The Union of India and 5 Ors

PageoNo.#o1/4 GAHC010106242019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3329/2019o HAMEDoALIoAKANDo@oHAMEDoALIo S/O-oLToHURMAToALIoAKANDAo@oHURMAToAKANDAo@oHURMATo@o DHARMATo@oMOHAMMADoDHARMAToALIoAKANDo@oMD.oDHARMATALIo BAKA,oR/O-oVILL-oDOMONI,oP.S.oBARPETAoROAD,oDIST-oBARPETA,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECY.oTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oSHASTRIoBHAWAN,oTILOKoMARG,oNEWoDELHI-1 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-6 3:THEoDY.oCOMMISSIONER oBARPETA oP.O.oANDoDIST-oBARPETA oASSAM oPIN-o781301 4:THEoSUPERINTENDENToOFoPOLICEo(B) oBARPETA oP.O.oANDoDIST-oBARPETA oASSAM oPIN-o781301 5:THEoELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI-1 Page No.# 2/4 6:THE STATE CO-ORDINATOR OF NATIONAL REGISTRATION OF CITIZEN

(NRC) BHANGAGARH GHY-Advocate for the Petitioner : MR. A R SIKDAR Advocate for the Respondent : ASSTT.S.G.I. (R1)

BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON'BLE MR. JUSTICE ROBIN PHUKAN O R D E R

10.03.2023 (A.M. Bujor Barua, J)

Heard Mr. AR Sikdar, learned counsel for the petitioner. Also heard Mr. PS Bhatacharyya, learned CGC appearing on behalf of respondents in the Union of India, Mr. J Payeng, learned Government Advocate for the State respondents in the Home Department of Government of Assam, Mr. AI Ali, learned counsel for the Election Commission of India, Ms. L Devi, learned counsel for the authorities under the NRC and Ms. U Das, learned counsel for the Deputy Commissioner, Barpeta.

¶2The petitioner Hamed Ali Akand @ Hamed Ali was referred to the Foreigners Tribunal No. 10, Barpeta for rendering an opinion as to whether he is a person who entered the State of Assam from the specified territory subsequent to 25.03.1971 resulting in registration of FT Case No. 162/2017. The Foreigners Tribunal by the opinion dated 05.01.2019 opined that the petitioner is a foreigner who entered the State of Assam subsequent to 25.03.1971. Being aggrieved, this writ petition is instituted. Page No.# 3/4

¶3The petitioner relies upon a voters list of 1971 of village Dumani, Mouza Gobardhana district Barpeta, which contains the name of Hurmat Ali Akand son of Kangalu at serial No. 16. The petitioner also relies upon the voters list of 1985 of village Dumani, Mouza Gobardhana district Barpeta which contains the name of Hurmat Akanda son of Kangalu at serial No. 450 and that of Hamed Ali Akanda son of Hurmat at serial No. 464. If the writ petitioner who is referred before the Tribunal is Hamed Ali Akand of the voters list of 1985 of village Dumani, the writ petitioner has prima-facie established that he is a citizen of India.

¶4Considering the above, the matter is remanded back to the Tribunal to examine as to whether the writ petitioner who is referred and Hamed Ali Akand of the voters list of 1985 of village Dumani are one and the same person and pass a reasoned order thereon. In doing so, the Tribunal may also take note of the contents in the last paragraph of page 78 of the writ petition, which is a part of an earlier order dated 05.01.2019 of the Foreigners Tribunal No. 10, Barpeta in FT Case No. 162/2017.

¶5If the reasoned order is in favour of the petitioner, the same would prevail over the earlier opinion rendered by the Foreigners Tribunal No. 10, Barpeta and if the reasoned order goes against the petitioner, consequence as per law shall follow.

¶6The petitioner shall appear before the Foreigners Tribunal No. 10, Barpeta on 11.04.2023.

¶7Till the reasoned order is passed by the Tribunal, no coercive action be taken against the petitioner.

¶8The writ petition is allowed to the extent as indicated above. Page No.# 4/4 Send back the LCR immediately.

JUDGE JUDGE Comparing Assistant