Anjuma Khatun @ Anjuma Begum v. The Union of India and 6 Ors

ORDER

31.07.2023 [A.M.Bujor Barua, J.]

Heard Mr. P. Rahman, learned counsel for the petitioner. Also heard Ms. A. Verma, learned counsel for the Home Department; Mr. L. Devi, learned counsel for the NRC; Mr. S.K. Medhi, learned counsel for the UoI; Ms. K. Phukan, learned counsel for the DC; and Mr. A.I. Ali, learned counsel for the ECI.

¶2The petitioner Anjuma Khatun @ Anjuma Begum had been referred to the Foreigners' Tribunal, No. 3, at Morigaon for rendering an opinion as to whether she is a foreigner under the Foreigners' Act, 1946 resulting in registration of F.T. Case No. FT [C] 250/2015, wherein an opinion dated

07.08.2019 had been rendered declaring the petitioner to be a foreigner. Being Page No.# 3/4 aggrieved this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies upon the Voters' List of 1966 of village Silpukhuri Police Station Lahorighat presently in the Morigaon district, which contains the name of Samar Ali, son of Eyakub Ali at serial no. 748 and that of Hafijon Bibi, wife of Samar Ali at serial no. 749. The petitioner also relies upon the Voters' List of 1977 of village Silpukhuri Police Station Lahorighat presently in the Morigaon district, which contains the name of Harman Ali, son of Samat at serial no. 1173. The petitioner further relies upon the Voters' List of 1979 of village Silpukhuri Police Station Lahorighat presently in the Morigaon district, which contains the name of Samat Ali, son of Eyakub at serial no. 1119; Hafijon Bibi, wife of Samat at serial no. 1120; and Harman Ali, son of Samat at serial no. 1121. It is stated that Harman Ali is the father of the petitioner but in the Voters' List of 1977 and 1979 the name of Samar Ali being the father of Harman Ali is written as Samat Ali, son of Eyakub. The petitioner also relies upon the School Transfer Certificate issued by the Principal/Head Master of Bilpar Kanpai Bordoloi M.E. School which contains the information that Anjuma Khatun, daughter of Harman Ali of village Silpukhuri. It is stated that neither the Head Master of the school had been examined nor the school records in origin being the admission register was produced before the Tribunal to corroborate the information contained in the School Transfer Certificate.

¶4The law in regards the School Transfer Certificate is settled by this Court in the judgment rendered in Anima Das vs. Union of India, reported in 2019 5 GLR 465 as well as the judgment and order dated 31.07.2023 in W.P.

(C) No. 4017/2023, wherein it had been provided that there is a requirement to examine the admission register in origin as well as the other school records produced before the Tribunal, for the Tribunal to arrive at the satisfaction that Page No.# 4/4 the records are authentic, reliable and not manipulated in any manner.

¶5As the requirement had not been done, the matter is remanded back to the Foreigners' Tribunal, No. 3 at Morigaon to call for the school records in origin including the admission register as well the evidence of the Head Master and there upon the Tribunal may pass a reasoned order.

¶6The petitioner to appear before the Tribunal on 22.08.2023.

¶7We are clarifying that we are not interfering with the opinion dated

07.08.2019 and no conclusion has been arrived on merit but as there is a requirement to examine the school records in origin we are remanding the matter back to the Tribunal. Any such opinion that the Tribunal may pass upon the matter being remanded back, shall prevail over the earlier dated

07.08.2019.

¶8Till the reasoned order is passed, no coercive action be taken against the petitioner.

Writ petition stands disposed of in the above terms.

Send back the LCR immediately.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010145772023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4215/2023o ANJUMAoKHATUNo@oANJUMAoBEGUMo D/O-oHARMANoALI,o W/O-oNURoMOHAMMAD,o VILL-oTUMUKABORI,o P.S.-oMIKIRBHETA,o DISTRICT-oMORIGAON,oASSAM. VERSUSo THEoUNIONoOFoINDIAoANDo6oORS.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,o MINISTRYoOFoHOMEoAFFAIRS,o NEWoDELHI-110001. 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM o HOMEoDEPARTMENT oDISPUR o GUWAHATI-781006. 3:THEoELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI-o110001. 4:THEoSTATEoCOORDINATOR oNRCoASSAM oACHYUToPLAZA oBHANGAGARH o GUWAHATI-o781005. Page No.# 2/4 5:THE DEPUTY COMMISSIONER MORIGAON ASSAM PIN- 782105. 6:THE SUPERINTENDENT OF POLICE (B) MORIGAON ASSAM- 782105. 7:THE O/C MIKIRBHETA POLICE STATION MORIGAON Advocate for the Petitioner : MR. P RAHMAN Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN