Dulabjan Bibi @ Dulabjan Begum @ Dulubi Bibi v. The Union of India and 6 Ors

ORDER

26.04.2023 (AM Bujor Barua, J) Heard Mr. AM Barbhuiyan, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC for the respondents in the Union of India as well as for the authorities under the NRC, Mr. AI Ali, learned counsel for the authorities under the Election Commission of India, Mr. A Kalita, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam the Superintendent of Police (B) Cachar Silchar as well as the Enquiry Officer of Reference I.M.D.T. Case No.9712/1998 and Mr. PK Medhi, learned Government Advocate for the Deputy Commissioner, Cachar.

¶2The petitioner, Dulabjan Bibi @ Dulabjan Begum @ Dulubi Bibi was Page No.# 3/5 referred to the Foreigners Tribunal 3rd Silchar, for rendering an opinion as to whether she is a person who had entered the State of Assam on or after

25.03.1971 resulting in the registration of F.T.(D) Case No.79/2015 with reference to I.M.D.T Case No. 9712/98 wherein an opinion dated 20.03.2017 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, the petitioner relies upon the voters list of 1965 of village Dayapur Pt.I in the Cachar district which contains the name of Majmil Ali, son of Mastan Ali at Sl.No.223. The petitioner also relies upon the voters list of 1985 of village Dayapur Pt.I which contains the name of Sirai Mia Laskar, son of Majmil Ali Laskar at Sl.No.642 and also the voters list of 1993 of village Dayapur Pt.I which contains the name of Sirai Mia, son of Majmil Ali at Sl.No.244 and that of Dolobjan Begum, daughter of Sirai Mia at Sl.No.247. Accordingly, the petitioner claims that the burden under Section 9 of the Foreigners Act, 1946 has been discharged to prove that she is a citizen of India.

¶5If Majmil Ali of 1965 voters list is the father of Sirai Mia Laskar of the 1985 voters list and the name of the petitioner Dulabjan Bibi @ Dulabjan Begum @ Dulubi Bibi appears along with Sirai Mia in the 1993 voters list in respect of village Dayapur Pt I, perhaps the burden has been discharged by the petitioner. But a question would remain as to whether Sirai Mia of 1993 voters list and Sirai Mia Laskar of 1985 voters list and that of Majmil Ali Laskar referred in the 1985 Page No.# 4/5 voters list and Majmil Ali of the 1965 voters list in respect of village Dayapur Pt I are one and the same person.

¶6A further determination would also have to be made as to whether Dolobjan Begum of the 1993 voters list in respect of Dayapur Pt I and the present petitioner Dulabjan Bibi @ Dulabjan Begum @ Dulubi Bibi are one and the same person.

¶7In the circumstance, the matter stands remanded back to the Tribunal for a determination as to whether Majmil Ali referred in the 1965 voters list and Majmil Ali Laskar of the 1985 voters list of village Dayapur Pt I are one and the same person and as to whether Sirai Mia Laskar of 1985 voters list and Sirai Mia of 1993 voters list in respect of village Dayapur Pt I are also one and the same person.

¶8Accordingly, the petitioner shall appear before the Tribunal on 06.06.2023.

¶9The respondents in the Home Department, Government of Assam shall also make a verification as to whether Dolobjan Begum of the 1993 voters list in respect of Dayapur Pt I and the present petitioner Dulabjan Bibi @ Dulabjan Begum @ Dulubi Bibi are one and the same person and accordingly submit a report before the Tribunal.

¶10The Tribunal after undertaking the aforesaid exercises and upon examining the evidences and materials on record shall pass a reasoned order. In Page No.# 5/5 the event, the reasoned order is in favour of the petitioner, the same shall prevail over the order dated 20.03.2017 of the Foreigners Tribunal 3rd Silchar in F.T.(D) Case No.79/2015 with reference to I.M.D.T Case No. 9712/98 and if it is against the petitioner, consequential action under the law shall follow.

¶11Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶12Writ petition stands disposed of in the above terms.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010115412018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3532/2018o DULABJANoBIBIo@oDULABJANoBEGUMo@oDULUBIoBIBIo D/O-oSIRAIoUDDINoLASKAR,oR/O-oVILLoANDoP.O.oDAYAPURoPT-I,oP.S.o UDHARBOND,oDIST-oCACHAR,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo6oORS.o REP.oBYoTHEoSECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOFoINDIA,o NEWoDELHI 2:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSIONER oNEWoDELHI 3:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPTT.oOFoHOME oDISPUR oGHY-6 4:THEoSTATEoCO-ORDINATOR oOFoNATIONALoREGISTERoOFoCITIZENSo(NRC) oGOVT.oOFoASSAM oDISPUR oGHY-6 5:THEoDY.oCOMMISSIONER oCACHAR oP.S.oCACHAR oSILCHAR oDIST-oCACHAR oASSAM Page No.# 2/5 6:THE SUPERINTENDENT OF POLICE (B) CACHAR P.S. CACHAR SILCHAR DIST- CACHAR ASSAM 7:THE ENQUIRY OFFICER OF REFERENCE I.M.D.T. CASE NO 9712/1998 ON THE BASIS OF WHOSE REPORT THE PRESENT PROCEEDING HAS BEEN REGISTERED AGAINST THE PETITIONE Advocate for the Petitioner : MR. S ISLAM Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN