Mokram Ali @ Makram Ali v. The Union of India and 5 Ors

ORDER Date : 18.07.2023 (AM Bujor Barua, J)

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

¶2The petitioner Mokram Ali @ Makram Ali had been referred to the Foreigners' Tribunal No. 5, Goalpara for rendering an opinion as to whether he is a foreigner under the Foreigners Act, 1946, resulting in registration of F.T. Case No. F.T/5/106/MA/2016. The Tribunal rendered an opinion dated 23.07.2017 declaring the petitioner to be a foreigner.

¶3Being aggrieved, this writ petition is instituted.

¶4In the writ proceeding the petitioner relies upon the voters' list of 1970 of Page No.# 3/4 village Kadamtola Nonke Police Station Baghbar in the present Barpeta district which contains the name of Mokram Ali S/O Jalil at Sl. No. 230. The petitioner claims that he himself is Mokram Ali of the 1970 voters' list of village Kadamtola Nonke. The name of Mokram Ali also appears in the subsequent voters' lists of village Kadamtola Nonke. It is stated that the petitioner had migrated to another village Maudpur in the Goalpara district which in fact is the village of his father-in-law and the notice was accordingly served at his present address at village Mamudpur (Santipur Nigam).

¶5Although certain other evidences were rendered by the petitioner before the Tribunal and the Tribunal found that the evidences of DW2 and DW3 are not coupled with the said documents rendered by the petitioner but the core question as to whether the petitioner Mokram Ali and Mokram Ali of the 1970 voters' list of village Kadamtola Nonke are one and the same person had not been decided by the Tribunal.

¶6For the aforesaid reasons, the matter stands remanded back to the Tribunal to give appropriate finding on the said question as to whether the petitioner Mokram Ali and Mokram Ali of the 1970 voters' list of village Kadamtola Nonke are one and the same person. The respondents in the Home Department may make their own enquiry and verification as to whether petitioner Mokram Ali and Mokram Ali of the 1970 voters' list of village Kadamtola Nonke are one and the same person and thereafter, submit a report before the Tribunal. Upon doing the needful, a reasoned order be passed by the Tribunal.

¶7The petitioner to appear before the Tribunal on 11.08.2023.

¶8If the order of the Tribunal is in favour of the petitioner, the same shall Page No.# 4/4 prevail over the opinion dated 23.07.2017 passed in F.T. Case No. F.T/5/106/MA/2016 and if against, consequence under the law is applicable to the petitioner.

¶9Till the reasoned order is passed, no coercive action be taken against the petitioner.

Send back the LCR.

Writ petition stands disposed of in the above terms.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010147142018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4540/2018o MOKRAMoALIo@oMAKRAMoALIo S/O-oLATEoABDULoJALILo@oJALILoALI,oVILL-oMAMUDPURo(SANTIPURo NIGAM),oP.S-oMATIA,oDIST-oGOALPARA,oASSAM,oPIN-o783101 VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVToOFoINDIA,oMINoOFoHOMEo AFFAIRS,oSHASTRIoBHAWAN,oTILOKoMARG,oNEWoDELHI-o01 2:ELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI-o01 3:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM oMINoOFoHOMEoDEPTT oDISPUR oGUWAHATI-o6 4:THEoSTATEoCOORDINATOR oNRC oASSAM oBHANGAGARH oGUWAHATI-o05 5:THEoDEPUTYoCOMMISSIONER oGOALPARA oASSAM 6:THEoSUPERINTENDENToOFoPOLICE(B) oGOALPARA oASSAM Page No.# 2/4 PIN- 78310 Advocate for the Petitioner : MR. A R SIKDAR Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN