Samela Bibi v. The Union of India and 5 Ors

ORDER Date : 10.04.2023 (A.M. Bujor Barua, J)

Heard Mr. A.T. Sarkar, 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 counsel for the respondents No. 2 and 6, being the authorities in the Home Department; Mr. T. Pegu, learned counsel for the respondent No. 3, being authorities in the Election Commission of India and Ms. U. Das, learned counsel for the respondents No. 5, being the Deputy Commissioner, Kokrajhar.

¶2The petitioner Samela Bibi was referred to the Foreigners' Tribunal Kokrajhar for rendering an opinion as to whether she is a person who had Page No.# 3/4 entered the State of Assam from the specified territory on or after 25.03.1971 and accordingly Case No. K/FT/D/2748/12 was registered. The Tribunal rendered its opinion dated 06.04.2018 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 1966 of village 168 Baladmara, P.S. South Salmara in the present South Salmara district which contains the name of Kutub Ali Sk. son of Alabox at Sl. No. 199. The petitioner claims that Kutub Ali Sk. is her father and to substantiate the same, the petitioner refers to a jamabandi in respect of a plot of land in village Baladmara wherein as per the order of the Assistant Settlement Officer dated

22.03.2017, the land in the name of Kutub Ali Sk. had been mutated, amongst others, in the name of Samela Khatun. By referring to the order of mutation, a claim is made that Samela Bibi is the daughter of Kutub Ali Sk. of the voters' list of 1966 of village 168 Baladmara.

¶4In view of the above, we remand the matter back to the Foreigners' Tribunal, Kokrajhar to examine as to whether Kutub Ali Sk. referred in the jamabandi of a plot of land in village Baladmara and Kutub Ali Sk. of the voters' list of 1966 of village 168 Baladmara are one and the same person. The Tribunal to also examine as to whether Samela Khatun who had inherited the land of Kutub Ali Sk. of village Baladmara as per the order of mutation are one and the same person. The Tribunal to also examine whether Samela Khatun of the mutation order and the proceedee Samela Bibi are one and the same person. For the purpose, the petitioner may render any further evidence, if so advised. The respondents in the Home Department through the Superintendent of Police(B), Kokrajhar may also make their own verification and thereafter submit Page No.# 4/4 report to the Tribunal. 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 06.04.2018 in Case No. K/FT/D/2748/12 and if it is against the petitioner, consequences under law shall follow. The petitioner to appear before the Tribunal on 26.05.2023. 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 GAHC010167272018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5184/2018o SAMELAoBIBIo D/O.oLATEoKUTUBoALIoSHEIKH,oW/O.oRASHIDoMULLAH,oVILL.o KURSHAKATI,oP.S.oKAZIGAON,oDIST.oKOKRAJHAR,oASSAM. VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoITSoSECRETARYoTOoTHEoMINISTRYoOFoHOMEoAFFAIRS,oUNIONoOFo INDIA,oNEWoDELHI. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGUWAHATI-6. 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSIONERoOFoINDIA oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI. 4:THEoSTATEoCOORDINATORoOFoNATIONALoREGISTERoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oGUWAHATIoSHILLONGoROAD oBHANGAGARH oGUWAHATI oASSAM oPINo781005. Page No.# 2/4 5:THE DEPUTY COMMISSIONER OF KOKRAJHAR DISTRICT AT KOKRAJHAR P.O. P.S. AND DIST. KOKRAJHAR B.T.A.D. ASSAM. 6:THE SUPERINTENDENT OF POLICE (B) KOKRAJHAR DISTRICT AT KOKRAJHAR P.O. P.S. AND DIST. KOKRAJHAR B.T.A.D. ASSAM Advocate for the Petitioner : MR. A T SARKAR Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN