Ajifa Begam @ Azifa Begum v. The Union of India and 7 Ors

ORDER Date : 19.07.2023 (A.M. Bujor Barua, J)

Heard Mr. K.R. Patgiri, learned counsel for the petitioner and Mr. B. Sarma, learned counsel for the respondent No. 1, being the Union of India. Also heard Mr. G. Sarma, learned counsel for the respondents No. 2, 5, 7 and 8, being the authorities in the Home Department; Mr. A.I. Ali, learned counsel for the respondent No. 3, being the authorities in the Election Commission of India; Ms. L. Devi, learned counsel for the respondent No. 4, being the State Co-ordinator of NRC and Mr. P.K. Medhi, learned counsel for the respondent No. 6, being the Page No.# 3/4 Deputy Commissioner, Bongaigaon.

¶2The petitioner Ajifa Begam @ Azifa Begum was referred to the Foreigners' Tribunal No. 2, Bongaigaon at Abhayapuri for rendering an opinion as to whether she is a foreigner under the Foreigners Act, 1946 and accordingly Case No. BNGN/FT-2/APR/354/2017 was registered. The Tribunal had rendered its opinion dated 10.04.2023 by arriving at its conclusion that the petitioner is a foreigner under the Foreigners Act, 1946. Being aggrieved this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies upon the voters' list of 1966 of village 250 Bijni, PS Bijni in the present Chirang district which contains the name of Osiruddin son of late Gofuruddin at Sl. No. 138. It is claimed that Osiruddin is the father of the petitioner. To substantiate the same, Osiruddin son of late Gofuruddin of village Purona Bijni had rendered evidence as DW2 before the Tribunal stating that the petitioner Azifa Begam is his daughter. But in the evidence rendered by DW2, it is stated that Hajifa is his daughter.

¶4In view of the above, we remand the matter back to the Foreigners' Tribunal No. 2, Bongaigaon at Abhayapuri to examine the aforesaid voters' list of 1966 of village 250 Bijni as well as the evidence rendered by DW2. The State respondents in the Home Department may cross-examine the DW2 to extract the veracity of the evidence rendered by him as well as may make any further verification, if so advised and thereafter submit a report before the Tribunal. Further the discrepancy in the name given by DW2 as Hajifa and the petitioner proceedee Ajifa Begam @ Azifa Begum be also appropriately decided by the Tribunal.

¶5Upon 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 Page No.# 4/4 over the earlier opinion dated 10.04.2023 in Case No. BNGN/FT-2/APR/354/2017 and if it is against the petitioner, consequences under law shall follow. The petitioner to appear before the Tribunal on 14.08.2023. 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 Comparing Assistant

PageoNo.#o1/4 GAHC010116722023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3139/2023o AJIFAoBEGAMo@oAZIFAoBEGUMo W/OoMD.oMAHINOORoRAHMANo@oMD.oMAHINURoRAHMAN,oR/OoVILL-o SINGIMARI,oP.S.-ABHAYAPURI,oDIST-oBONGAIGAON,oASSAM,oPIN-783384 VERSUSo THEoUNIONoOFoINDIAoANDo7oORSo REPRESENTEDoBYoSECRETARYoOFoTHEoMINISTRYoOFoHOMEoAFFAIRS,o UNIONoOFoINDIA,oNEWoDELHI 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFo ASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoELECTIONoCOMMISSIONER oASSAMoSTATEoELECTIONoCOMMISSION oDISPUR oGUWAHATI-6 4:THEoSTATEoCOORDINATOR oNRC oASSAM 5:THEoDIRECTORoGENERALoOFoPOLICEo(ADMN.) oASSAM oULUBARI oGUWAHATI-7 6:THEoDEPUTYoCOMMISSIONER Page No.# 2/4 BONGAIGAON DIST- BONGAIGAON ASSAM PIN-783380 7:THE SUPERINTENDENT OF POLICE (B) BONGAIGAON P.O. AND DIST- BONGAIGAON ASSAM PIN-783380 8:THE MEMBER FOREIGNER TRIBUNAL BONGAIGAON AT ABHAYAPURI FT NO-02 P.S.-ABHAYAPURI P.O.-ABHAYAPURI DIST-BONGAIGAON ASSAM PIN-78338 Advocate for the Petitioner : MR. K R PATGIRI Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN