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

ORDER Date : 05.08.2023 (A.M. Bujor Barua, J)

Heard Mr. M.U. Mahmud, learned counsel for the petitioner and Mr. K.K. Parasar, 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. T. Pegu, learned counsel for the respondent No. 2, being the Election Commission of India; Mr. G. Sarma, learned counsel for the respondents No. 3, 6 and 7, being the authorities in the Home Department and Ms. U. Das, learned counsel for the respondent No. 5, being the Deputy Commissioner, Nagaon. Page No.# 3/4

¶2This writ petition is instituted being aggrieved by the opinion dated

27.02.2023 in F.T. Case No. (D)850/2016 passed by the Foreigners' Tribunal No. 3, Nagaon.

¶3Without going into the merits of the claims made in this writ petition, what is being pointed out by Mr. M.U. Mahmud, learned counsel for the petitioner is that in the evidence-on-affidavit submitted by the proceedee before the Tribunal, DW2 Md. Surhab Ali son of late Abed Ali is described to be a resident of village Khanatup whereas it actually ought to have been resident of village Nangaldhuwa. It is stated that an inadvertent mistake had been committed by the lawyer who had assisted the proceedee in preparing the evidence-on-affidavit. Accordingly a request is made that the address of DW2 be corrected.

¶4As the evidence-on-affidavit is already a part of the record of the Tribunal, in the writ proceeding it would be inappropriate to correct any record.

¶5In the circumstance, we remand the matter back to the Tribunal to enable the petitioner to file appropriate application for correction of the name of the village of DW2 and upon such application being filed, the Tribunal to pass any order as advisable in law.

¶6We are not expressing any view on the other issues raised in this writ petition nor on the acceptability and veracity of the opinion dated 27.02.2023 in F.T. Case No. (D)850/2016 of the Tribunal. If the Tribunal corrects the address of DW2, liberty would remain with the petitioner to approach this Court again, if so advised. Till such application is filed before the Tribunal or up to a period of two weeks from today, whichever is earlier, no coercive action be taken against the petitioner and in the event of any application be filed, it would be for the Tribunal to pass any appropriate order.

Page No.# 4/4 Writ petition stands disposed of as indicated above.

J U D G E Comparing Assistant

PageoNo.#o1/4 GAHC010147052023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3931/2023o MUSSTToMAMUDAoBEGUMo@oMAMUDAoKHATUNo W/O-oABDULoGAFUR,o D/O-oSORHABoALI,o R/O-oKHANATUP,o P.S.-oRUPAHIHAT,o DIST.-oNAGAON,oASSAM,o PIN-o782125. VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,o MINISTRYoOFoHOMEoAFFAIRS,o NEWoDELHI-1. 2:THEoELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI-1. 3:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM o HOMEoDEPARTMENT oDISPUR o GUWAHATI-6. 4:THEoSTATEoCO-ORDINATORoOFoNRC oBHANGAGARH oASSAM o GUWAHATI-05. Page No.# 2/4 5:THE DEPUTY COMMISSIONER NAGAON ASSAM PIN- 782001. 6:THE SUPERINTENDENT OF POLICE (B) NAGAON ASSAM PIN- 782001. 7:THE OFFICER-IN-CHARGE RUPAHIHAT POLICE STATION DISTRICT- NAGAON ASSAM PIN- 782001 Advocate for the Petitioner : MR. M U MAHMUD Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN