Sahera Bibi v. The Union of India and 5 Ors

ORDER Date : 02.06.2023 (A.M. Bujor Barua, J)

Heard Mr. S. Islam, learned counsel for the petitioner and Ms. L. Devi, learned counsel for the respondents No. 1 and 6, being the Union of India and the State Co-ordinator of NRC, respectively. Also heard Mr. T. Pegu, learned counsel for the respondent No. 2, being the authorities in the Election Commission of India; Ms. A. Verma, learned counsel for the respondents No. 3 and 5, being the authorities in the Home Department and Mr. N.K. Das, learned counsel for the respondent No. 4, being the Deputy Commissioner, Dhubri .

¶2The petitioner Sahera Bibi was referred to the Foreigners' Tribunal No. 5, Dhubri for rendering an opinion as to whether she is a person who had entered the State of Assam from the specified territory on or after 25.03.1971 and accordingly Case No. FT-5/GPR/513/2017 was registered. The Tribunal had rendered its opinion dated 16.07.2018 arriving at its conclusion that the petitioner is a foreigner who had entered the State of Assam on or after Page No.# 3/4

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 Dharmasala Pt. III, Mouza Dhubri in the Dhubri district which contains the name of Safer Sk son of Nilmamud at Sl. No. 192. The petitioner also relies upon the voters' list of 1979 of village Dharmasala Pt. III, Mouza Dhubri in the Dhubri district which contains the name of Safer Prodhani son of Nilmamud at Sl. No. 227 and that of Asia Bibi wife of Safer at Sl. No. 228 and both are shown to be residing in the same house No. 67. It is claimed that Safer Prodhani is the father and Asia Bibi is the mother of the petitioner. Asiya Bewa had rendered evidence before the Tribunal as DW2 wherein she stated that she is the wife of Chaper Prodhani and that Sahera Bibi is her daughter and she has two sons and three daughters with Chaper Prodhani as the father.

¶4In view of the above, we remand the matter back to the Foreigners' Tribunal No. 5, Dhubri to examine the aforesaid voters' lists of 1966 and 1979 of village Dharmasala Pt. III, Mouza Dhubri in the Dhubri district as well as the evidence rendered by DW2 Asiya Bewa. The petitioner to produce the complete voters' lists of 1966, 1970 and 1979 of village Dharmasala Pt. III, Mouza Dhubri in the Dhubri district for examination of the Tribunal. The State respondents in the Home Department may cross-examine the DW2 to extract the veracity of her evidence that the petitioner is her daughter as well as may make any further verification, if so advised and submit a report 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 16.07.2018 in Case No. FT-5/GPR/513/2017 and if it is against the petitioner, consequences under law shall follow. The petitioner to appear before the Tribunal on 10.07.2023. Till the reasoned order is passed, Page No.# 4/4 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 GAHC010177022018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5486/2018o SAHERAoBIBIo D/O-oLToSAPERoUDDINoSK,oW/O-oAMJADoALI,oR/O-oVILL-o MADHUSOULMARIoPT-II,,oPOoMADHUSOULMARI,oP.S.oGAURIPUR,oDIST-o DHUBRI,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECY.oTOoTHEoMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOFo INDIA,oNEWoDELHI 2:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSIONERoOFoINDIA oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-01 3:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-6 4:THEoDY.oCOMMISSIONER oDHUBRI oDIST-oDHUBRI oASSAM 5:THEoSUPERINTENDENToOFoPOLICEo(B) oDHUBRI oDIST-oDHUBRI Page No.# 2/4 ASSAM 6:THE STATE CO-ORDINATOR OF NRC ASSAM PO AND PS BHANGAGARH GHY-5 DIST- KAMRUP (M) ASSA Advocate for the Petitioner : MR. S ISLAM Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN