Jaigun Bibi @ Joygun Bibi @ Joygun Begum v. The Union of India and 5 Ors

ORDER

04.05.2023 [A.M.Bujor Barua, J.]

Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel for the respondent no. 1; Mr. G. Sarma, learned counsel for the respondent nos. 2, and 4; Ms. U. Das, learned counsel for the respondent no. 3; and Mr. A.I. Ali, learned counsel for the respondent no. 5.

¶2The petitioner Jaigun Bibi @ Joygun Begum had been referred to the Foreigners' Tribunal No. 1, Kamrup (Rural), 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. 1237/2017, wherein an opinion dated 12.11.2018 had been rendered declaring the petitioner to be a foreigner. Being aggrieved this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies on the Voters' List of 1966 of village Merganda, P.S. Chhaygaon in the Kamrup district, which contains the name of Samir Ali, son of Bheluku at serial no. 123. The petitioner also relies on the Admit Card of HSLC issued by the Board of Secondary Education, Assam which contains the information that Jaigun Nessa is the daughter of Samer Ali. The petitioner had attended Barbhita Anchalick High School and the head master of the said school had Page No.# 3/3 deposed before the Tribunal as DW5. In his deposition the head master had stated that Jaigun Nessa is the daughter of Samer Ali of village Merganda.

¶4If the statement of the head master is to be accepted, the petitioner may have discharged the burden under Section 9 of the Foreigners' Act, 1946 that she is a citizen of India inasmuch as Samir Ali's name is available in the Voters' List of 1966 of village Merganda. But it is noticed that the DW5 head master has made oral deposition before the Tribunal and there is no indication that the admission register of the school in origin has been produced.

¶5In the circumstance, the matter is remanded back to the Foreigners' Tribunal No. 1, Kamrup (Rural) to enable the DW5 head master of Barbhita Anchalick High School to re-appear before the Tribunal along with the original school records which may contain the information that Jaigun Nessa is the daughter of Samer Ali of village Merganda. The respondents in the Home Department may also make their own verification in the meantime and submit the report before the Tribunal

¶6After the materials being produced, the Tribunal may pass a reasoned order.

¶7The petitioner to appear before the Tribunal on 19.06.2023.

¶8If the reasoned order is in favour of the petitioner, the same shall prevail over the opinion dated 12.11.2018 passed in GFT (R) Case No. 1237/2017 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. Writ petition stands disposed of in the above terms. Send back the LCR immediately.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010167932019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5079/2019o JAIGUNoBIBIo@oJOYGUNoBIBIo@oJOYGUNoBEGUMo D/OoLT.oSAMIRoALIo@oLT.oSAMERoALI,oW/OoHUSSAINo@oHUSSAINoALI,oR/Oo VILL.oMERGANDA,oCHARAIMARI,oP.O.oHATIPARA,oPS.oCHHAYGAON,oDIST.o KAMRUP,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oTHEoMINISTRYoOFo HOMEoAFFAIRS,oSHASTRIoBHAWAN,oTILAKoMARG,oNEWoDELHI-1 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT.oDISPUR oGUWAHATI-6 3:THEoDEPUTYoCOMMISSIONER KAMRUP oAMINGAON oPSoANDoDIST.oKAMRUP oASSAM oPIN-781031 4:THEoSUPERINTENDENToOFoPOLICEo(B) oKAMRUP oAMINGAON oPSoANDoDIST.oKAMRUP oASSAM oPIN-781031 5:THEoELECTIONoCOMMISSIONERoOFoINDIA oNEWoDELHI-1 Page No.# 2/3 6:THE STATE OF CO-ORDINATOR NRC ASSAM BHANGAGARH GUWAHATI- 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