Sobajuddin v. The Union of India and 9 Ors

ORDER Date : 22.06.2023 (AM Bujor Barua, J)

Heard Ms. D Ghosh, learned counsel for the petitioner. Also heard Ms. L Devi, learned counsel for the respondents no. 1 and 4 being the authorities under the Union of India and NRC respectively, Mr. G Sarma, learned counsel for the respondents no. 2, 7, 8, 9 and 10 being the authorities under the Home Department of Government of Assam, Mr. AI Ali, learned counsel for the respondent no. 3 being the authorities under the Election Commission of India and Ms. K Phukan, learned counsel for the respondents no. 5 and 6 being the Deputy Commissioner, South Salmara Mankachar and Deputy Commissioner, Dhubri respectively.

¶2The petitioner Md. Sobajuddin S/O Late Amir Ali @ Amir Ali Sheikh of village Kharuabandha had been referred to the Foreigners' Tribunal No. 3, Kamrup (M) for rendering an opinion as to whether he is a foreigner within the meaning of Foreigners Act, 1946, resulting in registration of F.T. Case No. 500 of 2017. The Tribunal rendered an opinion dated 20.08.2022 declaring the petitioner to be a foreigner.

¶3Being aggrieved, this writ petition is instituted. Page No.# 4/6

¶4In the writ proceeding the petitioner relies upon the voters' list of 1970 of village Kharuwabandha P.S. South Salmara in the South Salmara Mankachar district which contains the names of Amir Ali Seikh, S/O Samir Ali at Sl. No. 209. Further reliance is placed on the voters' list of 1977 of the same village Kharuwabandha which contains the names of Amir Ali S/O Samar at Sl. No. 31 and that of Korimon Bibi W/O Amir at Sl. No. 32 where both are shown to be residing in the same house no. 6. The voters' list of 1989 of village Kharuwabandha contains the names of Amir Ali S/O Samir Ali, Korimon Nessa W/O Amir Ali, A. Karim S/O Amir Ali and Bakra Ali S/O Amir Ali respectively at Sl. Nos. 41, 42, 43 and 44 and all are shown to be residing in the same house no.

¶20The voters' list of 1997 of village Kharuwabandha containing the names of Karimon Bewa W/O Amir Ali, Sobaj Uddin S/O Amir Ali and Tosia Khatun W/O Sobaj Uddin at Sl. Nos. 88, 89 and 90 respectively and all are shown to be residing in the same house no. 38.

¶5It is also stated that Abdul Karim S/O Amir Ali whose name appears in the voters' list of 1989 of village Kharuwabandha has also rendered evidence as DW.4 before the Tribunal stating that Sobajuddin is also a son of Amir Ali of the voters' list of 1970.

¶6Prima facie it appears that Sobaj Uddin S/O Amir Ali of the 1997 voters' list of village Kharuwabandha would be a citizen inasmuch as his name appears along with Korimon Bewa W/O Amir Ali where the name of Korimon Nessa W/O Amir Ali appears along with Amir Ali in the voters' lists of 1989 and 1977 of village Kharuwabandha.

¶7Accordingly, in order to verify as to whether the petitioner Md. Sobajuddin S/O Late Amir Ali @ Amir Ali Sheikh of village Kharuabandha and Sobaj Uddin at Sl. No. 89 of the voters' list of 1997 of village Kharuwabandha are one and the Page No.# 5/6 same person, a report was called for from the Superintendent of Police (Border), South Salmara Mankachar district and in response thereof, a report dated

07.06.2023 of the Superintendent of Police (Border), South Salmara Mankachar has been produced before the Court. In the report it is specifically stated that Sobaj Uddin of the 1997 voters' list of village Kharuwabandha and Sobajuddin writ petitioner proceedee are one and the same person.

¶8In view of the report of the Superintendent of Police(Border), South Salmara Mankachar dated 07.06.2023 it has to be understood that Sobaj Uddin of the 1997 voters' list of village Kharuwabandha and Md. Sobajuddin writ petitioner proceedee are one and same person.

¶9As it could be established that Sobaj Uddin S/O Amir Ali of the 1997 voters' list of village Kharuwabandha is a citizen and as the writ petitioner proceedee Md. Sobajuddin and Sobaj Uddin of the 1997 voters' list of village Kharuwabandha are one and the same person, it also has to be accepted that the petitioner has discharged the burden under Section 9 of the Foreigners Act, 1946 that the presence of his family in the State of Assam could be traced out upto the voters' list of 1970 of village Kharuwabandha.

¶10Further as the name of Amir Ali can also be traced out in the voters' list of 1966 of village Kharuwabandha, the petitioner Md. Sobajuddin S/O Late Amir Ali @ Amir Ali Sheikh of village Kharuabandha is accordingly declared to be not a foreigner who is deemed to be an Indian citizen under Section 6 A(2) of the Citizen Act, 1955 and he shall be entitled to all such rights and liberties as may be entitled under the law.

¶11A copy of the report of the Superintendent of Police (Border), South Salmara Mankachar is kept on record. Page No.# 6/6 Writ petition stands allowed in the above terms.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010186402022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6010/2022o SOBAJUDDINo S/O-oLATEoAMIRoALIo@oAMIRoALIoSHEIKH,o R/O-VILLAGEoKHARUABANDHA,o P.O-oFEKAMARI,o P.S-oSOUTHoSALMARAo,o DIST-oSOUTHoSALMARAoMANKACHAR,oASSAM,oPIN-783135 VERSUSo THEoUNIONoOFoINDIAoANDo9oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOF INDIA,oSASTRIoBHAWAN,oNEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSIONoOFoINDIA oNIRVACHANoSADAN oASHOKAoROAD NEWoDELHI-110001 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTERoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oG.SoROAD. oBHANGAGARH Page No.# 2/6 GUWAHATI-05 DIST- KAMRUP (M) 5:THE DEPUTY COMMISSIONER DIST- SOUTH SALMARA MANKACHAR ASSAM PIN-783135 6:THE DEPUTY COMMISSIONER DHUBRI ASSAM PIN-783301 7:THE FOREIGNERS TRIBUNAL KAMRUP (M) NO-3 AT GUWAHATI HEDAYATPUR GUWAHATI-03 DIST- KAMRUP (M) ASSAM 8:THE DEPUTY COMMISSIONER OF POLICE (B) GUWAHATI CITY DIST- KAMRUP (M) ASSAM PIN781001 9:THE OFFICER IN CHARGE OF SOUTH SALMARA POLICE STATION P.O- SOUTH SALMARA DIST- SOUTH SALMARA MANKACHAR ASSAM PIN-783127 10:THE OFFICER IN CHARGE OF BASISTHA POLICE STATION P.O- BASISTHA GUWAHATI ASSAM PIN-78102 Advocate for the Petitioner : MS. D GHOSH Page No.# 3/6 Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN