Mulukjan Bibi @ Molleka Bibi v. The Union of India and 5 Ors

ORDER Date : 09.05.2023 (AM Bujor Barua, J)

Heard Mr. HR Ahmed, learned counsel for the petitioner. Also heard Ms. L Devi, learned counsel for the respondents no. 1 and 6 being the authorities under the Union of India and NRC respectively, Mr. T Pegu, learned counsel for the respondent no. 2 being the authorities under the Election Commission of India, Ms. A Verma, learned counsel for the respondents no. 3 and 5 being the authorities under the Home Department of Government of Assam and Ms. U Das, learned counsel for the respondent no. 4 being the Deputy Commissioner, Dhubri.

¶2The petitioner Mulukjan Bibi @ Molleka Bibi had been referred to the Foreigners' Tribunal No. 7, Dhubri at Bilasipara for rendering an opinion as to whether she is a person who entered the State of Assam from the specified territory on or after 25.03.1971, resulting in registration of F.T 7th Dhubri Case No. 36/BLP/18. An opinion dated 18.09.2018 had been rendered declaring the petitioner to be a foreigner. Page No.# 3/4

¶3Being aggrieved, this writ petition is instituted.

¶4In the writ proceeding the petitioner relies on the voters' list of 1970 of village Gutipara Pt. VI which contains the name of Saman Ali Sk, S/O Ahadali Sk at Sl. No. 31. It is claimed that Saman Ali Sk of the voters' list of 1970 is the father of the petitioner. To substantiate the same, the petitioner relies on a school certificate issued by the Headmaster of Pub Pashuarkhal L.P. School which contains the information that Muluk Jan is the daughter of Saman Ali Sk of village Gutipara Pt. VI. The Headmaster of the school has also deposed before the Tribunal as DW7 by exhibiting the school register and stating that the information that the father of Mulukjan is Saman Ali Sk of village Gutipara Pt. VI has been derived from the information contained in the school records. It is noticed that DW7 has not been cross examined by the State authorities. Saleha Khatun, W/O Saman Ali Sk of village Gutipara Pt. VI has also deposed as DW3 stating that Molleka Bibi @ Muluk Jan Bibi is her own daughter. It is noticed that DW3 has also been not cross examined.

¶5In the circumstance the matter is remanded back to the Tribunal to enable the State of Assam through the Home Department to cross examine the DW3 and DW7 as regards the veracity of the information contained in the deposition.

¶6The Home Department may also make their own verification as to whether Saman Ali Sk of the voters' list of 1970 of village Gutipara Pt. VI and Saman Ali Sk referred in the school certificate as well as in the evidence of DW7 are one and same person. Upon doing the needful, the Tribunal to pass a reasoned order.

¶7The petitioner to appear before the Tribunal on 17.06.2023.

¶8If the reasoned order is in favour of the petitioner, the same shall prevail Page No.# 4/4 over the opinion dated 18.09.2018 passed in F.T 7th Dhubri Case No. 36/BLP/18 and if against, consequence under the law is applicable to the petitioner.

¶9Till the reasoned order is passed, no coercive action be taken against the petitioner.

Send back the LCR. Writ petition stands disposed of in the above terms.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010108442019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6658/2019o MULUKJANoBIBIo@oMOLLEKAoBIBIo D/O-oLToSAMANoALIoSKo@oSAMANoALI,oW/O-oLToHASSENoALIo@oHASENo ALI,oVILL-oGUTIPARAoPT-IV,oP.O.oGUTIPARA,oP.S.oBILASIPARA,oDIST-o DHUBRI,oASSAM,oPIN-o783349 VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECY.oOFoTHEoMINISTRYoOFoHOMEoAFFAIRS,oNEWoDELHI-01 2:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSIONER oNEWoDELHI-01 3:THEoSTATEoOFoASSAM oREP.oBYoTHEoPRINCIPALoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoANDoPOLITICALoDEPTT. oDISPUR oGHY-6 4:THEoDY.oCOMMISSIONER oDHUBRI oDIST-oDHUBRI oASSAM oPIN-o783301 5:THEoSUPERINTENDENToOFoPOLICEo(B) oDHUBRI oDIST-oDHUBRI oASSAM oPIN-o783301 Page No.# 2/4 6:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS BHANGAGARH GHY-0 Advocate for the Petitioner : MD H R AHMED Advocate for the Respondent : ASSTT.S.G.I. (R1) BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN