Lal Bhanu v. The Union of India and 6 Ors

ORDER Date : 25.08.2023 (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 the State Co-ordinator of NRC respectively. Also heard Mr. G. Sarma, learned counsel for the respondents No. 2, 6 and 7, being the authorities in the Home Department; Mr. T. Pegu, learned counsel for the respondent No. 3, being the Election Commission of India and Mr. P. Sarma, learned counsel for the respondent No. 5, being the Deputy Commissioner, Barpeta. Page No.# 3/4

¶2The petitioner Lal Bhanu was referred to the Foreigners' Tribunal No. 11, Barpeta for rendering an opinion as to whether she is a foreigner under the Foreigners Act, 1946 and accordingly Case No. (Bpt/11th)F.T.622/2016 was registered. The Tribunal had rendered its opinion dated 27.03.2023 by arriving at its conclusion that the petitioner is a foreigner under the Foreigners Act, 1946. Being aggrieved this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies upon the voters' list of 1966 of village 372 Golapara Pt. I, PS Abhayapuri in the Goalpara district which contains the name of Abdul Jabbar son of Rajar Ali at Sl. No. 166. It is claimed that Abdul Jabbar is the father of the petitioner. To substantiate the same, reliance is placed upon a Jamabandi of a plot of land at village Golapara Pt. III which contains the information that the name of Lal Bhanu, amongst others, had been mutated in place of A. Jabbar. But the reference to the order of the Circle Officer by which the mutation had been incorporated is not provided in the copy of the jamabandi which has been relied upon.

¶4In view of the above, we remand the matter back to the Foreigners' Tribunal No. 11, Barpeta to examine the complete and continuous voters' lists from 1966 to up-to-date of village Golapara as well as the jamabandi that has been relied upon. The petitioner to produce the complete and continuous voters' lists from 1966 to up-to-date of village Golapara for examination of the Tribunal. The petitioner to also produce the order of the Circle Officer by which the mutation had been incorporated and the Tribunal may examine the original records of the Circle Officer upon which the mutation had been done. The petitioner may produce any further relevant material, if so advised. The State respondents in the Home Department may make their own verification, if so advised and thereafter submit a report before the Tribunal. Page No.# 4/4

¶5Upon 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 27.03.2023 in Case No. (Bpt/11th)F.T.622/2016 and if it is against the petitioner, consequences under law shall follow. The petitioner to appear before the Tribunal on 22.09.2023. 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 GAHC010138492023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3760/2023o LALoBHANUo D/OoLATEoABDULoJABBAR,oW/OoABDULoRASHID,oR/OoVILL-LANGLA,oP.S.- KALGACHIA,oDIST-BARPETA,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,o GOVERNMENToOFoINDIA,oSHASTRIoBHAWAN,oNEWoDELHI-110001 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-781006 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREPRESENTEDoBYoTHEoCHIEFoELECTIONoCOMMISSION oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-110001 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTRATIONoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oG.S.oROAD oBHANGAGARH oGUWAHATI oASSAM oPIN-781005 Page No.# 2/4 5:THE DEPUTY COMMISSIONER BARPETA P.O.-BARPETA DIST-BARPETA ASSAM PIN-781301 6:THE SUPERINTENDENT OF POLICE (BORDER) BARPETA P.O.-BARPETA DIST-BARPETA ASSAM PIN-781301 7:THE OFFICER-IN-CHARGE OF KALGACHIA POLICE STATION P.O.-KALGACHAI DIST-BARPETA ASSAM PIN-78131 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MRS. JUSTICE MITALI THAKURIA