Nurul Islam Kha v. The Union of India and 4 Ors

ORDER

20.03.2023 [Achintya Malla Bujor Barua, J.] Heard Mr. M.I. Hussain, learned counsel for the petitioner. Also heard Ms. P. Swargiary, learned CGC, appearing for respondent No.1; Mr. G. Sarma, learned special counsel, FT, appearing for respondent Nos.2, 4 and 5 and Ms. K. Phukan, learned Junior Government Advocate, Assam, appearing for respondent No.3.

¶2The petitioner Nurul Islam Kha had been referred to the Foreigners' Tribunal 7th, Dhubri at Bilasipara, for rendering an opinion as to whether he is a person who entered the State of Assam from the specified territory on or after 25.03.1971, which resulted in registration of F.T. 7th Dhubri Case No.139/BBR/2016. The Tribunal rendered an opinion on

12.04.2017 whereby the petitioner was declared to be a foreigner. Being aggrieved this writ petition is instituted.

¶3In the writ proceeding before the Court, the petitioner relies upon the voters list of 1966 of village 198 No. Gutipara Pt-5, PO-Bagribari of Dhubri district, which contain the names of Golam Sheikh, S/O Hazi Jobbar Ali at Sl. No.131 and that of Robiron Bibi, W/O Golam Ali at Sl. No.132. The petitioner also relies upon the voters list of 1997 of village 192 No. Gutipara Pt-5 of Dhubri district, which contain the names of Hazi Golam Ali, S/O Hazi Jobbar at Sl. No.686 and that of Nur Islam Sheikh, S/O Hazi Golam at Sl. No.690. It is noticed that Hazi Golam Ali and Nur Islam Sheikh are residing in the same house No.225. Accordingly, the petitioner claims that he being the son of Hazi Golam Ali and had discharged the burden that he is a citizen of India. If the information contained in the voters list of 1966 and 1997 of Page No.# 3/3 village 192 No. Gutipara Pt-5 is correct, the petitioner may have established that he is a citizen of India.

¶4In that circumstance, we remand the matter back to the Foreigners' Tribunal 7th, Dhubri at Bilasipara, to examine the implication of the contents of the voters list of 1966 and 1997 of village 192 No. Gutipara Pt-5 and pass a reasoned order thereof. The petitioner to provide the complete voters list from 1966 to 1997 of village Gutipara for examination by the Tribunal. In the event, the reasoned order is passed in favour of the petitioner, the same shall prevail over the earlier opinion dated 12.04.2017 and if it is against the petitioner, consequential action shall follow.

¶5The petitioner shall accordingly appear before the Tribunal on 02.05.2023. Till the reasoned order is passed, no coercive action shall be taken against the petitioner.

¶6Send back the LCR immediately.

¶7Writ petition stands disposed of in the above terms.

Comparing Assistant Sd/- Robin Phukan JUDGE

Sd/- Achintya Malla Bujor Barua JUDGE

PageoNo.#o1/3 GAHC010128782017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2738/2017o NURULoISLAMoKHAo S/O-oLATEoGOLAMoALIoKHA,oVILL-oGUTIPARAoPT-V,oP.S-oBILASIPARA,oDIST- DHUBRI,oASSAM VERSUSo THEoUNIONoOFoINDIAoando4oORS.o REPRESENTEDoBYoTHEoSECRETARYoOFoTHEoMINISTRYoOFoHOMEoAFFAIRS, GOVToOFoINDIA,oNEWoDELHI-1 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVTo OFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoDEPUTYoCOMMISSIONER oDHUBRI oDIST-oDHUBRI oASSAM 4:THEoSUPERINTENDENToOFoPOLICE oDHUBRI oDIST-oDHUBRI oASSAM 5:THEoOFFICER-IN-CHARGE oBILASHIPARAoPOLICEoSTATION oDIST-oDHUBRI oASSAo Page No.# 2/3 Advocate for the Petitioner : MS.P AHMED Advocate for the Respondent : ASSTT.S.G.I. BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON'BLE MR. JUSTICE ROBIN PHUKAN