Md. Sarif Ahmed and Anr v. The Union of India and 6 Ors

ORDER Date : 26.06.2023 (AM Bujor Barua, J)

Heard Mr. SSS Rahman, learned counsel for the petitioner. Also heard Ms. L Devi, learned counsel for the respondents no. 1 and 7 being the authorities under the Union of India and NRC respectively, Ms. A Verma, learned counsel for the respondents no. 2, 3 and 5 being the authorities under the Home Department of Government of Assam, Ms. U Das, learned counsel for the respondent no. 4 being the Deputy Commissioner, Sivsagar and Mr. AI Ali, learned counsel for the respondent no. 6 being the authorities under the Election Commission of India.

¶2It is noticed that Md. Sarif Ahmed S/O Masukuddin resident of Mamti Chariali PS Amguri in the Sivsagar district and Md. Manik Ahmed also son of Masukuddin have filed this writ petition assailing the opinion dated 17.05.2023 rendered by the Foreigners' Tribunal Jorhat, in F.T. Case No. FT/SVR/31/2018 and FT/SVR/32/2018. Case No. F.T. SVR/32/2018 is registered against Manik Ahmed whereas FT/SVR/31/2018 is registered against Sarif Ahmed. As both of them claimed to be brothers they submitted common written statement before the Tribunal and as a result thereof the Tribunal also passed a common opinion dated 17.05.2023.

¶3As the proceedings before the Foreigners Tribunal are individual proceedings against the respective proceedees, we are of the view that the procedure to be adopted would be to proceed separately against the two Page No.# 4/4 proceedees and more so, when two separate reference cases have been registered against them. In view of the aforesaid technicality, the opinion dated

17.05.2023 is set aside and the matter stands remanded back to the Tribunal to pass individual opinion on the two references i.e. F.T. Case No. FT/SVR/32/2018 and FT/SVR/31/2018 by allowing the respective proceedees to file their individual written statement and also to produce relevant material that they may desire to produce.

¶4As the opinion had been interfered on a technical reason we direct the two petitioners namely Md. Sarif Ahmed and Md. Manik Ahmed to appear before the Tribunal on 17.07.2023.

¶5As the petitioners have not discharged their burden under Section 9 of the Foreigners' Act, 1946, to prove that they are not foreigners, we further provide that in the event the two petitioners shall not appear before the Tribunal on the aforesaid date, the Superintendent of Police (Border), Jorhat and Sivsagar conjointly to take the petitioners into custody and ensure their presence before the Tribunal.

¶6No coercive action be taken against the petitioners till 17.07.2023 but in the event the two petitioners do not appear on the said date, the order requiring them to be taken into custody shall have its effect.

Writ petition stands disposed of in the above terms.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010137512023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3683/2023o MD.oSARIFoAHMEDoANDoANRo SONoOFoMD.oMASUKUDDIN,o RESIDENToOFoMAMTIoCHARIALI,o P.S.oAMGURIoINoTHEoDISTRICToOFoSIVASAGAR,oASSAMo ANDoPERMANENToRESIDENToOFoVILLAGE-oCHARINGoPATHAR,o P.O.-oCHARING,oP.S.-oMURAZAR,o INoTHEoDISTRICToOFoHOJAI,oASSAM,oPIN-o782439. 2:oMD.oMANIKoAHMED oSONoOFoMD.oMASUKUDDIN o RESIDENToOFoMAMTIoCHARIALI o P.S.oAMGURIoINoTHEoDISTRICToOFoSIVASAGAR oASSAMo ANDoPERMANENToRESIDENToOFoVILLAGE-oCHARINGoPATHAR o P.O.-oCHARING oP.S.-oMURAZAR o INoTHEoDISTRICToOFoHOJAI oASSAM oPIN-o782439o VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoINDIA,o MINISTRYoOFoHOMEoAFFAIRS,o NORTHoBLOCK,oNEWoDELHI-110001. 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM Page No.# 2/4 HOME DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (BORDER) BHANGAGARH GUWAHATI- 781005. 4:THE DEPUTY COMMISSIONER SIVASAGAR ASSAM PIN- 785640. 5:THE SUPERINTENDENT OF POLICE (BORDER) SIVASAGAR ASSAM PIN- 785640. 6:THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001. 7:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM 1ST FLOOR ACHYUT PLAZA BHANGAGARH GUWAHATI- 781005 Advocate for the Petitioner : MR. S S S RAHMAN Advocate for the Respondent : DY.S.G.I. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND