Nurul Ali v. The Union of India and 7 Ors

ORDER

29.05.2023 [Achintya Malla Bujor Barua, J.] Heard Ms. D. Ghosh, learned counsel for the petitioner. Also heard Ms. L. Devi, Page No.# 3/4 learned counsel appearing on behalf of Mr. R.K.D. Choudhury, learned Dy.S.G.I. for the respondent No.1 and also appearing as standing counsel, NRC, for respondent No.4; Mr. G. Sarma, learned special counsel, FT, appearing for respondent Nos.2, 5, 7 and 8; Mr. T. Pegu, learned standing counsel, ECI, for respondent No.3 and Ms. U. Das, learned Additional Senior Government Advocate, Assam, appearing for respondent No.6.

¶2The petitioner Nurul Ali had been referred to the Foreigners' Tribunal No.1st, Barpeta, for rendering an opinion as to whether he is a person who entered the State of Assam from the specified territory on or after 25.03.1971, which resulted in registration of F.T. Case No.370/2016. The Tribunal rendered an opinion dated

06.06.2019 declaring the petitioner to be a foreigner. Being aggrieved this writ petition is instituted.

¶3In the writ proceeding before the Court, the petitioner relies on the voters list of 1971 of village Hahchora, which contain the names of Sukur Ali S/o Sobod Ali at Sl.No.236 and that of Arifon Nessa W/o Sukur at Sl.No.237 and both are shown to be residing in the same house No.27. It is claimed that Sukur Ali of the 1971 voters list of village Hahchora is the father of the petitioner. To substantiate the same, the petitioner relies upon the voters list of 1985 of village Hahchora containing the names of Sukur Munchi S/o Sabad at Sl.No.69 and that of Nuru Miah S/o Sukur at Sl.No.73 and both are shown to be residing in the same house No.36. As the name of Sukur Munchi and Nuru Miah appeared in the same voters list, the petitioner claims that the burden under Section 9 of the Foreigners Act, 1946 has been discharged. It is noticed that if Sukur Munchi S/o Sabad of the 1985 voters list and Sukur Ali S/o Sobod Ali of the 1971 voters list, both of village Hahchora are one and the same person, the petitioner may have discharged the burden provided that the petitioner Nurul Ali and Nuru Miah of the 1985 voters list are one and the same person.

¶4In view of above, the matter is remanded back to the Tribunal to examine the Page No.# 4/4 voters lists of 1971 and 1985 of village Hahchora and arrive at the conclusion that whether Sukur Munchi S/o Sabad of the 1985 voters list and Sukur Ali S/o Sobod Ali of the 1971 voters list, both of village Hahchora are one and the same person and thereupon pass a reasoned order. Whether Sukur Ali and Sukur Munchi are one and the same person and Nuru Miah and Nurul Ali are one and the same person, the respondent Home Department may make their own verification and submit a report to the Tribunal. In the event, the reasoned order is passed in favour of the petitioner, the same shall prevail over the earlier opinion dated 06.06.2019 and if it is against the petitioner, consequential action shall follow.

¶5The petitioner shall accordingly appear before the Tribunal on 01.07.2023. Till the reasoned order is passed, no coercive action shall be taken against the petitioner.

¶6Send back the LCR immediately.

¶7Writ petition stands disposed of in the above terms.

Comparing Assistant Sd/- Robin Phukan JUDGE

Sd/- Achintya Malla Bujor Barua JUDGE

PageoNo.#o1/4 GAHC010192272019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5942/2019o NURULoALIo S/O-oLToSHUKURoALI,oR/O-oVILL-oHAHCHARA,oP.S.oBARPETA,oDIST-o BARPETA,oASSAM,oPIN-o781301 VERSUSo THEoUNIONoOFoINDIAoANDo7oORS.o REP.oBYoTHEoSECY.,oMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOFoINDIA,o SHASTRIoBHAWAN,oNEWoDELHI-o110001 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-6 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSION oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-o110001 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTRATIONoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oG.S.ROAD oBHANGAGARH oGHY oASSAM oPIN-o781005 Page No.# 2/4 5:THE FOREIGNERS TRIBUNAL NO. 1ST BARPETA ASSAM DIST- BARPETA ASSAM PIN- 781301 6:THE DY. COMMISSIONER BARPETA P.O. AND P.S. BARPETA DIST- BARPETA ASSAM PIN- 781301 7:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O. AND P.S. BARPETA DIST- BARPETA ASSAM PIN- 781301 8:THE OFFICER-IN-CHARGE OF BARPETA P.S. P.O. BARPETA DIST- BARPETA ASSAM PIN- 78130 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : ASSTT.S.G.I. BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON'BLE MR. JUSTICE ROBIN PHUKAN