Md. Rustom Ali v. The Union of India and 6 Ors

ORDER Date : 26.06.2023 (A.M. Bujor Barua, J)

Heard Mr. K.M. Hassan, learned counsel for the petitioner and Ms. L. Devi, learned counsel for the respondents No. 1 and 5, being the Union of India and the State Co-ordinator of NRC, respectively. Also heard Mr. A.I. Ali, learned counsel for the respondent No. 2, being the authorities in the Election Commission of India; Mr. G. Sarma, learned counsel for the respondents No. 3, 4 and 7, being the authorities in the Home Department and Ms. U. Das, learned counsel for the respondent No. 6, being the Deputy Commissioner, Morigaon.

¶2The petitioner Md. Rustom Ali was referred to the Foreigners' Tribunal No. 2, Morigaon for rendering an opinion as to whether he is a foreigner under the Page No.# 3/4 Foreigners Act, 1946 and accordingly Case No. F.T.1274/12 was registered. The Tribunal had rendered its opinion dated 31.08.2020 by arriving at its conclusion that the petitioner is a foreigner under the Foreigners Act, 1946. Being aggrieved this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies upon the voters' list of 1966 of village Kupatimari, PS Laharighat in the Nagaon district which contains the name of A. Abbas Ali son of Mamud Sheikh at Sl. No. 539. It is claimed that A. Abbas Ali is the father of the petitioner. The name of A. Abbas Ali son of Mamud also appears at Sl. No. 564 of the voters' list of 1970 of village Kuratimari along with Malesa Khatun wife of Abbas at Sl. No. 565 and both are shown to be residing in the same house No. 122. Further reliance is also placed upon the voters' list of 1970 village Kuratimari, PS Laharighat in the Nagaon district which contains the name of Rustam Ali son of Abbas at Sl. No. 515. It is claimed that Rustam Ali of the voters' list of 1970 of village Kuratimari is the petitioner himself.

¶4In view of the above, we remand the matter back to the Foreigners' Tribunal No. 2, Morigaon to examine the aforesaid voters' lists of 1966 and 1970 of village Kuratimari in the Nagaon district. The State respondents in the Home Department may also make their own verification as to whether Rustam Ali of the voters' list of 1970 of village Kuratimari and the petitioner proceedee are one and the same person as well as any further verification and thereafter submit a report before the Tribunal.

¶5Upon 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 31.08.2020 in Case No. F.T.1274/12 and if it is against the petitioner, consequences under law shall follow. The petitioner to Page No.# 4/4 appear before the Tribunal on 01.08.2023. Till the reasoned order is passed, no coercive action be taken against the petitioner. Writ petition stands disposed of as indicated above.

J U D G E

Comparing Assistant

PageoNo.#o1/4 GAHC010176992020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5238/2020o MD.oRUSTOMoALIo S/O-oLT.oABBASoALI,oR/O-oVILL-oKUPATIMARI,oP.S.oBHURAGAON,oPIN-o 782121,oDIST.-oMORIGAON,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REP.oBYoSECY.oTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEoAFFAIRS,o NEWoDELHI-o110001 2:THEoCHIEFoELECTIONoCOMMISSIONERoOFoINDIA oASHOKoROAD oNEWoDELHI-o110001 3:THEoSTATEoOFoASSAM oREP.oBYoITSoSECY. oGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-6 4:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGHY-07 5:THEoSTATEoCOORDINATOR oOFFICEoOFoTHEoSTATEoCOORDINATORoOFoNATIONALoREGISTERoOFo CITIZENSo(NRC) oASSAM o1SToFLOOR oACHYUToPLAZA Page No.# 2/4 GS ROAD BHANGAGARH GHY-05 6:THE DY. COMMISSIONER MORIGAON DIST.- MARIGAON ASSAM PIN- 782104 7:THE SUPERINTENDENT OF POLICE (B) MORIGAON DIST.- MARIGAON ASSAM PIN- 78210 Advocate for the Petitioner : MR. K M HASSAN Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND