Kamala Khatun v. The Union of India and 7 Ors

ORDER Date : 08.05.2023 (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, 5, 7 and 8 being the authorities under the Home Department of Government of Assam, Mr. AI Ali, learned counsel for the respondent no. 3 being the Election Commission of India and Ms. U Das, learned counsel for the respondent no. 6 being the Deputy Commissioner, Barpeta.

¶2The petitioner Kamala Khatun had been referred to the Foreigners' Tribunal No. 6, Barpeta 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 Case No. FT -96/2016. The Tribunal rendered an opinion dated 13.06.2018 declaring the petitioner to be a foreigner.

¶3Being aggrieved, this writ petition is instituted.

¶4In the writ proceeding the petitioner relies on the voters' list of 1966 of village Baroli which contains the name of Saiod Kha, S/O Marat at Sl. No. 32 and that of Jaymon Ness, W/O Sayed Kha at Sl. No. 33. The petitioner also refers to the voters' list of 1970 of village Baroli containing the name of Saiod Kha, S/O Marat Kha at Sl. No. 45 and that of Hamed Kha, S/O Sayed Kha at Sl. No. 47 where both of them are shown to be residing in the same House No. 13. It is Page No.# 4/5 stated that Hamed Kha, S/O of Sayed Kha of village Baroli had also rendered evidence as DW3 wherein he had deposed that Kamala Khatun is his own daughter.

¶5In view of the above, the matter is remanded back to the Tribunal to examine the voters' lists of 1966 and 1970 of village Baroli which contains the name of Saiod Kha, S/O Marat and Hamed Kha, S/O Sayed Kha and also the evidence of Hamed Khan himself wherein he states that Kamala Khatun is his daughter.

¶6The respondents in the Home Department may cross examine the DW3 Hamed Khan to extract the veracity of his evidence that Kamala Khatun is his daughter. For the purpose, the matter is remanded back to the Tribunal. The respondents in the Home Department may make their own verification on the authenticity of the evidence of Hamed Khan and submit a report. The petitioner to produce any further material if so advised. Upon doing the needful, the Tribunal to pass a reasoned order.

¶7The petitioner to appear before the Tribunal on 16.06.2023.

¶8If the reasoned order is in favour of the petitioner, the same shall prevail over the opinion dated 13.06.2018 passed in Case No. FT-96/2016 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.

Send back the LCR. Writ petition stands disposed of in the above terms.

JUDGE JUDGE Page No.# 5/5 Comparing Assistant

PageoNo.#o1/5 GAHC010187092018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6007/2018o KAMALAoKHATUNo W/OoHANIFoALIo D/OoHAMEDoKHANo R/OoVILL-oSATRAoKANARA,oP.S.oBAGHBAR,oDIST.oBARPETA,oASSAM,oPINo-o 781308. VERSUSo THEoUNIONoOFoINDIAoANDo7oORS.o REP.oBYoTHEoSECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOFoINDIA,o SHASTRIoBHAWAN,oNEWoDELHI. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM o oHOMEoDEPARTMENT oDISPUR oGUWAHATIo-o781006. 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSION oNIRVACHANoSADAN o oASHOKAoROAD o oNEWoDELHI-o110001. 4:THEoSTATEoCO-ORDINATOR oNATIONALoREGISTRATIONoOFoCITIZENS Page No.# 2/5 ASSAM 1ST FLOOR ACHYUT PLAZA G.S. ROAD BHANGAGARH GUWAHATI ASSAM PIN - 781005. 5:THE FOREIGNERS TRIBUNAL NO. 6TH BARPETA ASSAM DIST. BARPETA ASSAM PIN - 781301. 6:THE DEPUTY COMMISSIONER BARPETA P.O. AND P.S. BARPETA DIST. BARPETA ASSAM PIN - 781301. 7:THE SUPERINTENDENT OF PLICE (BORDER) BARPETA P.O. AND P.S. BARPETA DIST. BARPETA ASSAM PIN - 781301. 8:THE OFFICER-IN-CHARGE OF BAGHBAR POLICE STATION P.O. BAGHBAR DIST. BARPETA ASSAM PIN - 781308 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : ASSTT.S.G.I. Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN