Majiran Begum@ Majiran Nessa v. Theunion of India and 7 Ors

ORDER Date : 10.04.2023 (A.M. Bujor Barua, J)

Heard Ms. D. Ghosh, learned counsel for the petitioner and Ms. L. Devi, learned counsel for the respondents No. 1 and 4, being the Union of India and Page No.# 3/4 the State Co-ordinator of NRC, respectively. 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 authorities in the Election Commission of India and Ms. U. Das, learned counsel for the respondents No. 6, being the Deputy Commissioner, Barpeta.

¶2The petitioner Majiran Begum @ Majiran Nessa was referred to the Foreigners' Tribunal No. 10, Barpeta 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 and accordingly F.T. Case No. 1874/2018 was registered. The Tribunal rendered its opinion dated 07.04.2022 arriving at its conclusion that the petitioner is a foreigner who had entered the State of Assam on or after

25.03.1971. Being aggrieved this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies upon the voters' list of 1965 of village Kasugaon, Mouza Gobardhana in the Barpeta district which contains the names of Ayeb Ali son of Kashar at Sl. No. 50 and the voters' list of 1970 of village Kasugaon, Mouza Gobardhana in the Barpeta district which contains the names of Hatem Shekh son of Kashar at Sl. No. 63, Ayeb Ali son of Kashar at Sl. No. 64 and Khadeja Khatun wife of Hatem at Sl. No. 67. The petitioner also relies upon the voters' list of 1997 of village Kasugaon, Mouza Gobardhana in the Barpeta district which contains the name of Abdul Ajij son of Tayeb at Sl. No. 203 and that of Ajiran Bewba wife of Tayeb Ali at Sl. No. 205 and they are shown to be residing in the house Nos. 91 and 92 respectively. The petitioner further relies upon the kabin nama which contains the information that Majiran Begum is the daughter of A. Ajij of village Kasugaon. Accordingly, the petitioner claims that she has established that she is a citizen of India by showing that she is the daughter of Abdul Ajij of the voters' list of 1997 of village Kasugaon where Page No.# 4/4 Abdul Ajij is the son of Ayeb Ali of the voters' list of 1965. It is sought to be clarified by the petitioner that Tayeb Ali of the voters' list of 1997 and Ayeb Ali of the voters' list of 1965 are one and the same person.

¶4In view of the above, we remand the matter back to the Foreigners' Tribunal No. 10, Barpeta to examine the voters' lists of 1965, 1970 and 1997 of village Kasugaon, Mouza Gobardhana in the Barpeta district as well as the kabin nama which contains the aforesaid information. It is also pointed out that the name of Khadeja Khatun wife of Hatem which appears in the voters' list of 1970 of village Kasugaon also appears in the voters' list of 1989 of village Kasugaon along with Abdul Ajij. The said voters' list may also be produced before the Tribunal for its examination. The petitioner further relies on the entries of a jamabandi which may also be relied upon. Upon the 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 over the earlier opinion dated

07.04.2022 in F.T. Case No. 1874/2018 and if it is against the petitioner, consequences under law shall follow. The petitioner to appear before the Tribunal on 23.05.2023. 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 J U D G E Comparing Assistant

PageoNo.#o1/4 GAHC010134342022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7370/2022o MAJIRANoBEGUM@oMAJIRANoNESSAo D/O-oLATEoABDULoAJIJ,o W/O-oLATEoARFANoALI,o R/O-oVILLAGEoHALONGBARI,o P.O-oKATHALMURI,o P.S-oPATACHARKUCHI,oMOUZA-oBIJNI,oDIST-oBARPETA,oASSAM VERSUSo THEUNIONoOFoINDIAoANDo7oORSo REP.oBYoTHEoSECRETARYoTOoTHEoMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOF INDIA,oSASTRIoBHAWAN,oNEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSIONo oNIRVACHANoSADAN oASHOKAoROAD NEWoDELHI-110001 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTERoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oG.SoROAD. oBHANGAGARH Page No.# 2/4 GUWAHATI-05 DIST- KAMRUP (M) 5:THE FOREIGNERS TRIBUNAL NO 10TH BARPETA DIST- BARPETA ASSAM PIN-781301 6:THE DEPUTY COMMISSIONER BARPETA DIST- BARPETA ASSAM PIN-781301 7:THE SUPERINTENDENT OF POLICE (B) P.O- BARPETA DIST- BARPETA ASSAM PIN-781301 8:THE OFFICER IN CHARGE PATACHARKUCHI POLICE STATION P.O- PATACHARKUCHI DIST- BARPETA ASSAM PIN-78132 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN