Jahura Khatun v. The Union of India and 7 Ors

ORDER Date : 10.04.2023 (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 Page No.# 3/4 counsel for the respondents No. 2, 5, 7 and 8, being the authorities in the Home Department; Mr. A.I. Ali, learned counsel for the respondent No. 3, being authorities in the Election Commission of India and Ms. M. Dutta, learned counsel for the respondents No. 6, being the Deputy Commissioner, Barpeta.

¶2The petitioner Jahura Khatun was referred to the Foreigners' Tribunal No. 10, Barpeta for rendering an opinion as to whether she is a person who had entered the State of Assam from the specified territory on or after 25.03.1971 and accordingly F.T. Case No. 434/2017 was registered. The Tribunal rendered its opinion dated 25.02.2022 arriving at its conclusion that the petitioner is a foreigner who had entered the State of Assam on or after 25.03.1971. Being aggrieved this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies upon the voters' list of 1970 of village Khairabari, Mouza Gobardhana in the Barpeta district which contain the names of Abdul Rahman son of Jusmatullah at Sl. No. 1323 and Khudeja Khatun wife of Abdul Rahman at Sl. No. 1324 and both are shown to be residing in the same house No. 449. The petitioner also relies upon the voters' list of 1989 of village Khairabari, Mouza Gobardhana in the Barpeta district which contains the names of Md. Abdul Rahman son of Jusmat at Sl. No. 429, Miss Khudeza Khatun wife of Abdul at Sl. No. 430 and Md. Khudsed Ali son of Abdul at Sl. No. 431 and all are shown to be residing in the same house No. 121. Khurshed Ali of the voters' list of 1989 had rendered evidence as DW2 before the Tribunal stating that the petitioner Jahura Khatun is his sister and daughter of Abdul Rahman. The petitioner further relies on the entries in a jamabandi which shows that Jahura Khatun had also inherited the property of Abdul Rahman. Accordingly, the petitioner claims that she has discharged the burden under Section 9 of the Foreigners Act, 1946 that she is a citizen of India. Page No.# 4/4

¶4In view of the above, we remand the matter back to the Foreigners' Tribunal No. 10, Barpeta to examine the voters' lists of 1970 and 1989 of village Khairabari, Mouza Gobardhana in the Barpeta district which contains the names of Abdul Rahman, his wife Khudeja Khatun and son Khudsed Ali and also examine the DW2 Khurshed Ali who had rendered evidence that the petitioner Jahura Khatun is his sister and the daughter of Abdul Rahman. The respondents in the Home Department of the Government of Assam through the Superintendent of Police(B), Barpeta may also verify as to whether Khurshed Ali who had rendered evidence as DW2 claiming to be the son of Abdul Rahman is actually Md. Khudsed Ali son of Abdul of the voters' list of 1989. Upon the 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 25.02.2022 in F.T. Case No. 434/2017 and if it is against the petitioner, consequences under law shall follow. The petitioner to appear before the Tribunal on 23.05.2023. 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 GAHC010154222022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7187/2022o JAHURAoKHATUNo D/OoLATEoABDULoRAHMAN,oW/OoNURULoHOQUE,oR/OoVILL-oBALARBITHA, P.S.-BARPETAoROAD,oMOUZA-oDHAMKA-CHAKA-BAUSHI,oDIST-oBARPETA, ASSAM VERSUSo THEoUNIONoOFoINDIAoANDo7oORS.o 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 Page No.# 2/4 PIN-781005 5:THE FOREIGNERS TRIBUNAL NO. 10TH BARPETA DIST-BARPETA ASSAM PIN-781301 6:THE DEPUTY COMMISSIONER BARPETA P.O.-BARPETA DIST- BARPETA ASSAM PIN-781301 7:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O.-BARPETA DIST- BARPETA ASSAM PIN-781301 8:THE OFFICER-IN-CHARGE OF BARPETA ROAD POLICE STATION P.O.-BARPETA ROAD DIST- BARPETA ASSAM PIN-78131 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN