Soburjan Khatoon v. The Union of India and 7 Ors

ORDER

27.03.2023 [A.M.Bujor Barua, J.]

Heard Ms. D. Ghosh, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel for the authorities under the Union of India and NRC respectively; Mr. G. Sarma, learned counsel for the respondents in the Home Department; Ms. K. Phukan, learned Page No.# 3/4 counsel for the Deputy Commissioner; Kamrup(R) and Mr. T. Pegu, learned counsel for the Election Commission of India.

¶2The petitioner Soburjan Khatoon had been referred to the Foreigners' Tribunal, Kamrup

(R) No. 1, Guwahati for rendering an opinion as to whether she is a person who entered the State of Assam from the specified territory on or after 25.03.1971 resulting in registration of GFT(R) Case No. 1514/2017. An opinion dated 26.06.2018 had been rendered declaring the petitioner to be a foreigner. Being aggrieved this writ petition is instituted.

¶3The petitioner, Soburjan Khatoon wife of Tahejuddin and daughter of Late Nur Mohammad who is a resident of village Bhitorduar was subjected to a proceeding before the Foreigners' Tribunal No. II, Kamrup [R] in B.F.T. Case No. 51/2017, wherein she was declared to be an Indian Citizen. In respect of F.T. Case No. 1514/2017 in the Court of the Foreigners' Tribunal No. I, Kamrup [R], notice was addressed to Shaburi Khatoon wife of Tohejuddin of village Chowtara, Chaygaon, but the notice was served on Soburjan Khatoon wife of Tahejuddin and daughter of Late Nur Mohammad resident of village Bhitorduar. The petitioner accordingly brought the aforesaid discrepancy before the Tribunal and the Tribunal passed that order dated 26.06.2018. The Tribunal rejected the aforesaid discrepancy indicated by the petitioner by providing in its order dated 26.06.2018 that as per the judgment rendered in Amina Khatoon Vs. Union of India in W.P.(C) No. 7339/2015 the principles of res-judicata are not applicable for a proceeding under the Foreigners' Tribunal. Accordingly, the claim of the petitioner was rejected.

¶5We take note that in Abdul Kuddus vs. Union of India reported in (2019) 6 SCC 69 the Hon'ble Supreme Court held that the principles of res-judicata are also applicable in respect of a proceedee in the Foreigners' Tribunal and from such point of view that the Tribunal in its order dated 26.06.2018 was not correct in holding that the principles of res-judicata are not applicable.

¶6Accordingly, the order dated 26.06.2018 is set aside. Matter is remanded back to the Foreigners' Tribunal No. I, Kamrup [R] for a fresh adjudication in F.T. Case No. 1514/2017.

¶7In doing so the Tribunal to also pass a reasoned order as to whether the person to whom the notice was addressed and the person to whom it was served are one and the same person. Page No.# 4/4

¶8The petitioner to appear before the Tribunal on 04.05.2023.

¶9Till the reasoned order is passed, no coercive action be taken against the petitioner. Writ petition stands disposed of in the above terms.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010132762019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/5008/2018 SOBURJANoKHATOON D/O-oLATEoNURoMOHAMMAD oW/O-oTAHEJoUDDIN oR/O-oVILL-oBHITORDUAR oP.O-oTAPARoPATHAR oP.S-oCHHAYGAON oDIST-oKAMRUP(R) oASSAM oPIN-o781137 oVERSUS THEoUNIONoOFoINDIAoANDo7oORS REP.oBYoTHEoSECRETARY oMINoOFoHOMEoAFFAIRS oGOVToOFoINDIA oNORTHoBLOCK oNEWoDELHI-o110001 2:THEoSTATEoOFoASSAM THROUGHoTHEoSECRETARYoTOoTHEoGOVToOFoASSAM oHOMEoDEPTT oDISPUR oGUWAHATI-o781006 o3:THEoSUPERINTENDENToOFoPOLICE(B) KAMRUP(R) oAMINGAON oASSAM oPIN-o781031 o4:THEoOFFICERoINoCHARGE CHHAYGAONoPOLICEoSTATION oCHHAYGAON oKAMRUP(R) Page No.# 2/4 ASSAM PIN- 781124 5:THE DEPUTY COMMISSIONER KAMRUP(R) OFFICE OF THE DEPUTY COMMISSIONER INDOOR STADIUM ROAD AMINGAON GUWAHATI ASSAM PIN- 781039 6:THE STATE COORDINATOR OFFICE OF THE STATE COORDINATOR NRC ASSAM 1ST FLOOR ACHYUT PLAZA G SROAD BHANGAGARH GUWAHATI ASSAM PIN- 781005 7:THE ELECTION COMMISSIONER OF INDIA ASHOKA ROAD NEW DELHI- 110001 8:THE MEMBER FOREIGNERS TRIUNAL NO. 1 KAMRUP(R) GUWAHATI ASSAM PIN- 781007 ------------ Advocate for : MS. D GHOSH Advocate for : MS. N DEKA appearing for THE UNION OF INDIA AND 7 ORS BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN