Muslem Uddin v. The Union of India and 5 Ors

ORDER Date : 11.05.2023 (A.M. Bujor Barua, J)

Heard Mr. M. Ahmed, 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 Coordinator of NRC, respectively. Also heard Mr. G. Sarma, learned counsel for the respondents No. 2 and 6, being the authorities in the Home Department; Mr. A.I. Ali, learned counsel for the respondent No. 3, being the authorities in the Election Commission of India and Mr. N.K. Das, learned counsel for the respondent No. 5, being the Deputy Commissioner, Barpeta.

¶2The petitioner Muslem Uddin was referred to the Foreigners' Tribunal No. 8, Barpeta for rendering an opinion as to whether he is a person who had entered the State of Assam from the specified territory on or after 25.03.1971 and F.T. Case No. 46/18 was registered. The Tribunal rendered its opinion dated

28.11.2018 arriving at its conclusion that the petitioner is a foreigner who had Page No.# 3/4 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 1965 of village Chengelia, Mouza Damka Chaka Baushi in the present Barpeta district which contains the name of Afezuddin Sheikh son of Songsher Ali at Sl. No. 46. The petitioner thereupon relies upon the voters' list of 1985 also of village Chengelia, Mouza Damka Chaka Baushi in the present Barpeta district which contains the name of Afijuddin son of Songsher at Sl. No. 346 and that of Muslem Ali son of Afij at Sl. No. 347 and both are shown to be residing in the same house No. 180. The petitioner accordingly claims that the burden under Section 9 of the Foreigners Act, 1946 had been discharged to prove that he is an Indian citizen, inasmuch as, his name along with the name of his father Afijuddin appears in the same voters' list whereas the name of Afezuddin Sheikh appears in the voters' list of 1965 of the same village.

¶4In view of the above, we remand the matter back to the Foreigners' Tribunal No. 8, Barpeta to examine the aforesaid aspect as to whether Afezuddin Sheikh son of Songsher Ali of the voters' list of 1965 of village Chengelia read with the voters' list of 1985 of the same village containing the name of Afijuddin son of Songsher along with Muslem Ali son of Afij, the burden to prove that the petitioner is an Indian citizen had been discharged. In doing so, the State respondents in the Home Department of the Government of Assam through the Superintendent of Police(B), Barpeta may also make their own verification on the authenticity of the aforesaid voters' lists as well as whether the writ petitioner Muslem Uddin and Muslem Ali of the voters' list of 1985 of village Chengelia are one and the same person. Upon doing the needful, the Tribunal to pass a reasoned order. If the reasoned order to be passed is in Page No.# 4/4 favour of the petitioner, the same shall prevail over the earlier opinion dated

28.11.2018 in F.T. Case No. 46/18 and if it is against the petitioner, consequences under law shall follow. The petitioner to appear before the Tribunal on 26.06.2023. 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 GAHC010166042019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5047/2019o MUSLEMoUDDINo S/O.oLT.oMD.oAFIZoUDDINo@oMD.oAFIZoUDDINoSHEIKH,oVILL.oCHANGELIA,o MOUZA-oDAMKAoCHOUKAoBOUSHI,oP.O.oKALAHBHANGA,oP.S.oBARPETAo ROAD,oDIST.oBARPETA,oASSAM,oPIN-781315. VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oSHASTRIoBHAWAN,oTRILOKoMARK,oNEWoDELHI-110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMoANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGUWAHATI-781006. 3:THEoELECTIONoCOMMISSIONERoOFoINDIA oTHROUGHoITSoSECRETARY oNIRBACHANoBHAWAN oNEWoDELHI-01. 4:THEoSTATEoCO-ORDINATOR oNATIONALoREGISTERoOFoCITIZENSo(NRC) oASSAM oBHANGAGARH oGUWAHATI-781005. 5:THEoDY.oCOMMISSIONERoOFoBARPETA Page No.# 2/4 P.O. AND P.S. BARPETA DIST. BARPETA ASSAM PIN-781301. 6:THE SUPDT. OF POLICE (B) BARPETA P.O. AND DIST. BARPETA ASSAM PIN-781301 Advocate for the Petitioner : MR M AHMED Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN