Jabeda Khatun v. The Union of India and 7 Ors

ORDER

26.06.2023 Page No.# 3/5 (AM Bujor Barua, J)

Heard Ms. D Ghosh, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC for the respondents in the Union of India as well as for the authorities under the NRC, Mr. AI Ali, learned counsel for the authorities under the Election Commission of India, Mr. G Sarma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam, the Superintendent of Police (B) Barpeta as well as the Officer-in-Charge, Baghbar Police Station and Ms. U Das, learned Government Advocate for the Deputy Commissioner, Barpeta.

¶2The petitioner, namely, Jabeda Khatun was referred to the Foreigners' Tribunal No.6th Barpeta for an opinion as to whether she is a foreigner within the meaning of Foreigner Act, 1946 resulting in the registration of F.T.Case No.FT-95/16 corresponding to Reference Case No.1867/A/dtd.13/7) wherein the Tribunal rendered an opinion dated 13.06.2018 declaring the petitioner to be a foreigner.

¶3Being aggrieved this writ petition is instituted.

¶4The petitioner relies upon the voters list of 1966 of village Baroli P.S. Baghbar in the present Barpeta district which contains the name of Saiod Kha son of Marat at Sl.No.32 and that of Jaymon Ness wife of Sayed Kha at Sl.No.33 and both are shown to be residing in the same House No.13. Further reference is made upon the voters list of 1970 of village Baroli containing the name of Saiod Kha son of Marat Kha at Sl.No.45, Jaygon Ness wife of Sayed Kha at Page No.# 4/5 Sl.No.46 and that of Hamed Kha son of Sayed Kha at Sl.No.47 and it is claimed that Hamed Kha, son of Sayed Kha of the 1970 voters list of village Baroli is the father of the petitioner. Hamed Khan son of Sayed Ali Khan of village Baroligaon has also rendered evidence before the Tribunal as DW-3 stating that Jabeda Khatun is his daughter.

¶5In view of the above, the matter stands remanded back to the Tribunal to examine the voters lists of 1960 and 1970 of village Baroli.

¶6The respondents in the Home Department may also make their own verification on the aforesaid aspect and may also cross-examine the DW-3 Hamed Khan, son of Sayed Ali Khan of village Baroligaon and submit a report before the Tribunal.

¶7Accordingly, the petitioner shall appear before the Tribunal on 01.08.2023.

¶8The Tribunal upon doing the needful and after examining the evidences of DW-3 Hamed Khan as well as the materials available shall pass a reasoned order. In the event, the reasoned order is in favour of the petitioner, the same shall prevail over the opinion dated 13.06.2018 of the Foreigners' Tribunal No.6th Barpeta in F.T.Case No.FT-95/16 corresponding to Reference Case No.1867/A/dtd.13/7) and if it is against the petitioner, consequential action under the law shall follow.

¶9Till the reasoned order is passed, no coercive action be taken against the Page No.# 5/5 petitioner.

¶10Writ petition stands disposed of in the above terms.

¶11Send back the LCR.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010187212018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6011/2018o JABEDAoKHATUNo WIFEoOFoMAZIBAR,oDAUGHTERoOFoHAMEDoKHAN,oRESIDENToOFo VILLAGE-oSATRAoKANARAo(G.oRESERVE),oPOLICEoSTATION-oBAGHBAR,o DIST.oBARPETA,oASSAM,oPIN-o781308. VERSUSo THEoUNIONoOFoINDIAoANDo7oORS.o REP.oBYoTHEoSECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOFoINDIA,o SHASTRIoBHAWAN,oNEWoDELHI-1. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGUWAHATI-o781006. 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSION oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-o110001. 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTRATIONoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oG.S.oROAD oBHANGAGARH oGUWAHATI Page No.# 2/5 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 POLICE (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. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND