Rejina Bibi v. Union of India and 5 Ors

ORDER Date : 10-03-2023 ( A.M. Bujor Barua, J.) Heard Mr. J. Laskar, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel, appearing on behalf of respondents in the Union of India, Ms. A. Verma, counsel for the respondents No.2 and 4, being the authorities in the Home Department of the Government of Assam, Mr. A I Ali, learned counsel for the respondent No.5 being the Election Commission of India, Ms. L Devi, learned counsel for the respondent No.6 being the authorities in the NRC and Mr. J. Singh, learned counsel for the respondent No.3 being the Deputy Commissioner, Kamrup (R), Amingaon.

¶2The petitioner, Rejina Bibi, had been referred to the Foreigners Tribunal, Kamrup (Rural) for rendering an opinion as to whether she is a person who entered the State of Assam subsequent to 25.03.1971 from the specified territory, resulting in registration of GFT

(R) Case No.1695/2017. The Foreigners Tribunal by the opinion dated 30.04.2019 opined that the petitioner is a foreigner who entered the State of Assam subsequent to 25.03.1971. Being aggrieved, this writ petition is instituted.

¶3In this writ proceeding, the petitioner relies upon the voters list of 1966 for village Nahira, Mouza – Pub Samaria, PS. Polashbari in the Kamrup district which contains the name of Hussain Ali, son of Satu at Serial No.2443. The petitioner also relies upon a school certificate of Satrapara Ideal High School issued by the Headmaster which contains the information that Regina Begum is the daughter of Md. Hussain Ali of village Satrapara. Although the voters list of 1966 is in respect of village Nahira and the school certificate of Satrapara Ideal High School is in respect of village Satrapara, by referring to the voters list of 1977, which is in respect of voting center No.2 Nahira Satrapara LP Shool, a contention is raised that Nahira and Satrapara are one and the same village. Page No.# 3/3

¶4Accordingly, we remand the matter back to the Tribunal to enable the petitioner to render evidence of the Headmaster of Satrapara Ideal High School who shall produce the original records to establish the information contained in the school certificate relied upon by the petitioner which is dated 11.06.1994. The Tribunal may also examine the aspect as to whether the village Nahira and Satrapara are one and the same village. Upon doing the needful, the Tribunal to pass a reasoned order and if the reasoned order is in favour of the petitioner, it shall prevail over the earlier opinion dated 30.04.2019 rendered by the Foreigners Tribunal, Kamrup (Rural) and if the order is against the petitioner, consequence as per law shall follow.

¶5The petitioner shall appear before the Foreigners Tribunal, Kamrup (Rural) on

10.04.2023.

¶6Till the reasoned order is passed by the Tribunal, no coercive action be taken against the petitioner.

¶7The writ petition is allowed as indicated above. Send back the LCR immediately.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010131622019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3970/2019o REJINAoBIBIo W/OoNAJRULoISLAM,oR/OoVILL.oMERAGANDRA,oP.S.oCHAYYAGAON,oP.O.o HATIPARA,oDIST.-KAMRUP,oASSAM VERSUSo UNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oSHASTRIoBHAWAN,oNEWoDELHI-1 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT.oDISPUR oGUWAHATI-6 3:THEoDEPUTYoCOMMISSIONER oKAMRUPo(R) oAMINGAON 4:THEoSUPERINTENDENToOFoPOLICEo(B) oAMINGAON oDIST.-KAMRUPo(R) oASSAM 5:THEoELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI 6:THEoSTATEoCOORDINATOR oNATIONALoREGISTRARoOFoCITIZENSo(NRC) oASSAo AdvocateoforotheoPetitionerooooo:oMR.oJoLASKARo AdvocateoforotheoRespondento:oASSTT.S.G.I.oo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN