Tobina Bibi @ Tamina Bibi v. The Union of India and 5 Ors

JUDGMENT Date : 20-03-2023 (AM Bujor Barua, J)

Heard Mr. AT Sarkar, learned counsel for the petitioner. Also heard Ms. P. Swargiary, learned counsel for the respondent No.1 being the Union of India, Mr. A.I. Ali, learned counsel for the respondent No.2 being the Election Commission of India, Mr. G. Sarma, learned Counsel appearing for the Home Department of Government Assam being the respondent No.3, Ms. L. Devi, learned counsel for the respondent No.4 being the authorities under the NRC and Ms. K. Phukan, learned Advocate for the respondent No.5 being the Deputy Commissioner, Dhubri.

¶2The petitioner, namely, Tobina Bibi @ Tamina Bibi was referred to the Foreigners' Tribunal No.8, Dhubri for rendering an opinion as to whether she is a person who had entered the State of Assam from the specified territory on or after 25.03.1971, resulting in registration of F.T. Case No.FT-8/75/GKJ/2018 and by the opinion rendered on 30.11.2018, declared the petitioner to be a foreigner. Being aggrieved this Writ Petition being instituted. Page No.# 3/4

¶3In the Writ Proceeding, the petitioner refers to the Voters List of 1966 of Village 187 Silghagri Part-I, Mouza Dhubri in Dhubri District, which contains the name of Tahu Sheikh, son of Khaiddi at Sl. No.65. The petitioner also refers to the Voters List of 1970 of Village 187 Silghagri Part-I, Mouza Dhubri in Dhubri District, which contains the name of Tahu Sheikh, son of Khaiddi at Sl. No.79 and that of Khatun Bibi, wife of Tahu at Sl. No.82. Khatun Bibi as DW.2 had deposed before the Tribunal that her daughter is Tobina Bibi who was born and brought up in village Silghagri Part-I in the Dhubri District and that she has two daughters and two sons, namely, Tobina Bibi @ Tamina Bibi, Nomina Bibi, Hasen Ali and Hussain Ali. She also stated in her evidence that Tahu Sheikh is her father and the name of her father-in-law is Khaiddi. In her cross-examination, the DW.2 had stated that the proceedee Tobina Bibi @ Tamina Bibi is her own daughter and she is not known by any other name and further that she has two sons and two daughters and the proceedee is the eldest among them.

¶4In the examination-in-chief, the DW.2 is specific and clear that the proceedee Tobina Bibi @ Tamina Bibi is her elder daughter, which again could not be controverted in any manner by the State authorities in cross-examination where she had reiterated in clear terms that the petitioner Tobina Bibi @ Tamina Bibi is her elder daughter. Khatun Bibi as per the Voters List of 1980 of Village Silghagri, is the wife of Tahu Sheikh whose name also appeared in the Voters List 1970 and 1966 of the same village.

¶5As Tahu Sheikh is a citizen and Khatun Bibi, his wife had established before the Tribunal that the petitioner/proceedee Tobina Bibi @ Tamina Bibi is her elder daughter, we accordingly declare the citizenship of the petitioner Tobina Bibi @ Tamina Bibi to be a citizen of India. Accordingly petitioner Tobina Bibi @ Tamina Bibi shall be entitled to all the rights and liberties, as may be entitled to a citizen of India.

¶6The Writ Petition stands allowed as indicated above.

Page No.# 4/4

¶7Send back the LCR.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010134232019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3995/2019ooooooooo TOBINAoBIBIo@oTAMINAoBIBIo D/O.oLT.oTOHUoSHEIKH,oW/O.oAHMEDoALI,oVILL.oUCHITA,oP.S.oGOLAKGANJ, DIST.oDHUBRI,oASSAM. VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECY.oTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oSHASTRIoBHAWAN,oTRILOKoMARG,oNEWoDELHI-110001. 2:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSIONER oNEWoDELHI-110001. 3:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGUWAHATI-781006. 4:THEoSTATEoCOORDINATORoOFoNATIONALoREGISTERoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oGUWAHATIoSHILLONGoROAD oBHANGAGARH oGUWAHATI oASSAM-781005. 5:THEoDY.oCOMMISSIONER oDHUBRIoDISTRICT oDHUBRI Page No.# 2/4 P.O. P.S. AND DIST. DHUBRI ASSAM-783301. 6:THE SUPDT. OF POLICE DHUBRI DISTRICT DHUBRI P.O. AND P.S. DHUBRI DIST. DHUBRI ASSAM-783301 Advocate for the Petitioner : MR. A T SARKAR Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN