Amela Paul v. The Union of India and 5 Ors

ORDER Date : 20.03.2023 (AM Bujor Barua, J)

Heard Mr. IH Saikia, learned counsel for the petitioner. Also heard Ms. P Swargiary, learned counsel for the respondent no. 1 being the Union of India, Ms. A Verma, learned counsel for the respondents no. 2 and 6 being the authorities under the Home Department of the Government of Assam, Mr. AI Ali, learned counsel for the respondent no. 3 being the Election Commission of India, Ms. L Devi, learned counsel for the respondent no. 4 being the authorities under the NRC and Ms. K Phukan, learned counsel for the respondent no. 5 being the Deputy Commissioner, Goalpara.

¶2The petitioner Amela Paul had been referred to the Foreigners Tribunal No. 5, Goalpara for rendering an opinion as to whether she is a person who entered Page No.# 3/4 the State of Assam from the specified territory on or after 25.03.1971, resulting in registration of F.T. Case No. F.T/5/180/MA/2017 wherein an opinion dated

07.09.2018 was rendered that the petitioner is a person who entered the State of Assam on or after 25.03.1971.

¶3Being aggrieved this writ petition is instituted.

¶4In the writ proceeding the petitioner relies upon the Relief Eligibility Certificate annexed as Annexure-1, page-13 which contains the name of Nagendra Paul, aged 45 years at Sl. No. 1 and that of Gobinda Paul, S/O Nagendra Paul aged 20 years at Sl. No. 3.

¶5Gobina Paul rendered his evidence-on-affidavit stating that the petitioner Amela Paul is his sister and the daughter of Nagendra Paul who was born subsequently at village Dhumerghat where Nagendra Paul settled after obtaining the Relief Eligibility Certificate. In cross examination by the State authorities the witness Gobinda Paul stated that he was born at Simultola, P.S. Nalitabari in Mymansingh district of present Bangladesh and after migration had lived at Matia camp and after two years sent to Dhudhnoi and thereafter, after 1 ½ years to Tengabari. Subsequently, the family shifted to Dhumerghat where they had been residing for the last forty years. The petitioner Amela Paul was born at village Dhumerghat where his father had purchased a plot of land about 38 years ago.

¶6The examination-in-chief as well as the cross examination of the witness Gobinda Paul whose name also appears in the Relief Eligibility Certificate may establish that the petitioner is the citizen of India. But, however, Ms. A Verma, learned counsel for the respondents in the Home Department states that the State would like to further cross examine the witness Gobinda Paul. Page No.# 4/4

¶7In view of the above, the matter stands remanded back to the Tribunal to enable the State authorities to further cross examine the witness Gobinda Paul. Upon such cross examination, a reasoned order be passed.

¶8If the reasoned order is in favour of the petitioner, the same may prevail over the opinion/order dated 07.09.2018 passed in F.T/5/180/MA/2017 and if against, consequence under the law is applicable to the petitioner.

¶9The petitioner to appear before the Tribunal on 27.04.2023.

¶10Till the reasoned order is passed, no coercive action be taken against the petitioner.

Writ petition stands disposed of in the above terms.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010130112019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3870/2019o AMELAoPAULo W/O-oSRIoBIMALoPAUL,oR/O-oVILLoNAYAPARAoPT-IIo(BAHATIoSALMARA),o P.S-oMATIA,oDIST-oGOALPARA,oASSAM,oPIN-o783101 VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVToOFoINDIA,oMINoOFoHOMEo AFFAIRS,oNEWoDELHIo011 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARY oGOVToOFoASSAM oHOMEoDEPTToANDoPOLITICALoDEPTT oDISPUR oGUWAHATI-o06 3:THEoELECTIONoCOMMISSIONoOFoINDIA oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-o110001 4:THEoOFFICEoOFoTHEoSTATEoCOORDINATOR oNRC oASSAM o1SToFLOOR oACHYUToPLAZA oGoSoROAD oBHANGAGARH oGUWAHATI-o5 oDIST-oKAMRUP oASSAM Page No.# 2/4 PIN- 781005 5:THE DEPUTY COMMISSIONER GOALPARA P.O AND P.S- GOALPARA ASSAM PIN- 6:THE SUPERINTENDENT OF POLICE (B) GOALPARA DIST- GOALPARA ASSAM PIN- 78310 Advocate for the Petitioner : MR U DAS Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN