Md. Subed Ali v. The Union of India and 6 Ors

ORDER Date : 30.05.2023 (A.M. Bujor Barua, J)

Heard Ms. D. Ghosh, learned counsel for the petitioner and Ms. L. Devi, learned counsel for the respondents No. 1 and 6, being the Union of India and the State Coordinator of NRC, respectively. Also heard Mr. G. Sarma, learned counsel for the respondents No. 2, 3, 4 and 5, being the authorities in the Home Department and Mr. T. Pegu, learned counsel for the respondent No. 7, being the authorities in the Election Commission of India.

¶2The petitioner Md. Subed Ali was referred to the Foreigners' Tribunal No. 2, Morigaon for rendering an opinion as to whether he is a person who had Page No.# 3/4 entered the State of Assam from the specified territory on or after 25.03.1971 and accordingly Case No. F.T.(C) 97/09 was registered. The Tribunal had rendered its opinion dated 27.03.2019 arriving at its conclusion that the petitioner is a foreigner who had entered the State of Assam on or after

25.03.1971. Being aggrieved this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies upon the voters' list of 1966 of village Kuptimari, P.S. Laharighat in the Nagaon district which contains the name of Akin Ali son of Sulom Sheikh at Sl. No. 625 as well as the voters' list of 1970 of village Kuptimari, P.S. Laharighat in the Nagaon district which contains the names of Akin Ali son of Choluk Sheikh at Sl. No. 651, Hazrat Ali son of Akin at Sl. No. 652, Fazar Ali son of Akin at Sl. No. 653 and Fatema Nessa wife of Akin at Sl. No. 654 and all of them are shown to be residing in the same house No.

¶140It is stated that Hazrat Ali and Fazar Ali are brothers of the petitioner. The petitioner further relies upon the voters' list of 1977 of village Kuptimari, P.S. Laharighat in the Nagaon district which contains the names of Akin Ali son of Choluk Sheikh at Sl. No. 1207, Hazrat Ali son of Akin at Sl. No. 1208, Fazar Ali son of Akin at Sl. No. 1209, Samsuddin son of Akin at Sl. No. 1210 and Iyad Ali son of Akin at Sl. No. 1211 and all of them are shown to be residing in the same house No. 183. Further reliance is also placed on the voters' list of 1985 of village Kuptimari, P.S. Laharighat in the Nagaon district which contains the names of Akilani Munsi son of Sulum at Sl. No. 39, Hazrat Ali son of Abilani at Sl. No. 40, Faizul Hoque son of Akilani at Sl. No. 42, Samsul Hoque son of Akilani at Sl. No. 44, Iyad Ali son of Akinali at Sl. No. 46 and Subedali son of Akinali at Sl. No. 48 and all of them are shown to be residing in the same house No. 25. It is claimed that Subedali of the voters' list of 1985 of village Kuptimari is the petitioner himself. Page No.# 4/4

¶4It is noticed that continuously from the voters' list of 1970 onwards in every subsequent voters' lists one son of Akin Ali is increasing and that names of all the sons appearing in the voters' list of 1985 is consistent with the voters' list of 1977 with the addition of Subedali in the voters' list of 1985.

¶5In view of the above, we remand the matter back to the Foreigners' Tribunal No. 2, Morigaon to examine the aforesaid voters' lists of 1966, 1970, 1977 and 1985 of village Kuptimari. The State respondents in the Home Department through the Superintendent of Police(B), Morigaon may make their own verification as to whether Akilani Munsi of the voters' list of 1985 and Akin Ali of the voters' lists of 1966, 1970 and 1977 are one and the same person as well as to whether Subedali of the voters' list of 1985 and the petitioner proceedee 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, the same shall prevail over the earlier opinion dated 27.03.2019 Case No. F.T.(C) 97/09 and if it is against the petitioner, consequences under law shall follow. The petitioner to appear before the Tribunal on 03.07.2023. Till the reasoned order is passed, no coercive action be taken against the petitioner. Writ petition stands disposed of as indicated above. Send back the LCR forthwith.

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

PageoNo.#o1/4 GAHC010115592020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3470/2020o MD.oSUBEDoALIo S/O-oMD.oAKINoALI,oR/O-oVILL-oNO.o1oBORKUR,oP.S.oBHURAGAON,oDIST.-o MORIGAON,oASSAM,oPIN-o782121 VERSUSo THEoUNIONoOFoINDIAoANDo6oORS.o REP.oBYoTHEoUNIONoHOMEoSECY.,oMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOF INDIA,oSHASTRIoBHAWAN,oNEWoDELHI-o110001 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoANDoPOLITICALoDEPTT. oDISPUR oGHY-06 3:THEoMEMBER oFOREIGNERSoTRIBUNALoNO.2 oMORIGAON oASSAM oPIN-o782105 4:THEoSUPERINTENDENToOFoPOLICEo(B) oMORIGAON oASSAM-o782105 5:THEoOFFICER-IN-CHARGE oBHURAGAONoP.S. oDIST.-oMORIGAON oASSAM oPIN-o782121 Page No.# 2/4 6:THE STATE COORDINATOR OFFICE OF THE STATE COORDINATOR NRC ASSAM 1ST FLOOR ACHYUT PLAZA GS ROAD BHANGAGARH GHY ASSAM PIN- 781005 7:THE ELECTION COMMISSIONER OF INDIA ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI PIN- 11000 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN