Alo Karmakar @ Alo Rani Karmakar v. The Union of India and 6 Ors

ORDER Date : 23.05.2023 (A.M. Bujor Barua, J)

Heard Ms. D. Borgohain, learned counsel for the petitioner and Ms. L. Devi, learned counsel for the respondents No. 1 and 4, being the Union of India and the State Coordinator of NRC respectively. Also heard Mr. G. Sarma, learned counsel for the respondents No. 2, 6 and 7, being the authorities in the Home Department; Mr. A.I. Ali, learned counsel for the respondent No. 3, being the Page No.# 3/5 authorities in the Election Commission of India and Ms. K. Phukan, learned counsel for the respondent No. 5, being the Deputy Commissioner, Barpeta.

¶2The petitioner Alo Karmakar @ Alo Rani Karmakar was referred to the Foreigners' Tribunal No. 10, Barpeta 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 F.T. Case No. 120/2017 was registered. The Tribunal rendered its opinion dated 31.10.2018 arriving at its conclusion that the petitioner is a foreigner who had entered the State of Assam on or after

25.03.1971. Being aggrieved this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies upon the voters' list of 1965 of Sahar Barpeta Town Ward No. 2, Mouza Gobardhana in the present Barpeta district which contains the name of Narayan Choudhury son of Harish Chandra at Sl. No. 1492 and that of Lakhi Rani Choudhury wife of Narayan at Sl. No. 1493 and both are shown to be residing in the same house No. 443. The petitioner also relies upon the voters' list of 1985 of Barpeta Road Ward No. 8, Mouza Gobardhana in the Barpeta district which contains the name of Lakhi Bala Karmakar wife of Narayan at Sl. No. 195 and that of Alo Rani Karmakar daughter of Narayan at Sl. No. 196 and both are shown to be residing in the same house No. 228.

¶4It is stated that Narayan Choudhury in the meantime had died but after his death the name of Lakhi Rani Choudhury wife of Narayan had entered in the voters' list as Lakhi Bala Karmakar wife of Narayan by taking the maiden name. Accordingly the name of her daughter is also stated to be Alo Rani Karmakar. The petitioner claims that Alo Rani Karmakar of the voters' list of 1985 of Barpeta Road Ward No. 8 is the petitioner herself.

¶5As the name of the petitioner appears along with Lakhi Bala Karmakar in Page No.# 4/5 the voters' list of 1985 whereas Lakhi Bala Karmakar and Lakhi Rani Choudhury of the voters' list of 1965 are one and the same person, the petitioner claims that the burden under Section 9 of the Foreigners Act, 1946 has been discharged. The petitioner has filed an affidavit stating that Lakhi Rani Choudhury of the voters' list of 1965 and Lakhi Rani Karmakar of the voters' list of 1985 are one and the same person.

¶6Without arriving at any conclusion we leave the question and remand the matter back to the Foreigners' Tribunal No. 10, Barpeta to examine through any other relevant and cogent evidence as to whether Lakhi Rani Choudhury of the voters' list of 1965 of Sahar Barpeta Town Ward No. 2 and Lakhi Bala Karmakar of the voters' list of 1985 of Barpeta Road Ward No. 8 are one and the same person. The State respondents in the Home Department of the Government of Assam through the Superintendent of Police(B), Barpeta may also make their own verification on the factual issue as to whether Lakhi Rani Choudhury of the voters' list of 1965 of Sahar Barpeta Town Ward No. 2 and Lakhi Bala Karmakar of the voters' list of 1985 of Barpeta Road Ward No. 8 are one and the same person and submit a report before the Tribunal. The petitioner may also adduce any further evidence before the Tribunal, if so advised.

¶7Upon 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 31.10.2018 in F.T. Case No. 120/2017 and if it is against the petitioner, consequences under law shall follow. The petitioner to appear before the Tribunal on 07.07.2023. Till the reasoned order is passed, no coercive action be taken against the petitioner. Writ petition stands disposed of as indicated above.

Page No.# 5/5 Send back the LCR forthwith.

J U D G E J U D G E Comparing Assistant

PageoNo.#o1/5 GAHC010195022019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6034/2019o ALOoKARMAKARo@oALOoRANIoKARMAKARo W/O-oLATEoSWAPANoKARMAKAR,oD/O-oLATEoNARAYANoCHOUDHURY,o R/O-oBARPETAoROADoTOWN,oWARDoNO.8,oMOUZA-oGOBARDHANA,oP.S-o BARPETA,oDIST-oBARPETA,oPIN-o781315,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REP.oBYoTHEoSECRETARY,oMINoOFoHOMEoAFFAIRS,oGOVToOFoINDIA,o SHASTRIoBHAWAN,oNEWoDELHI-o110001 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECRETARYoTOoTHEoGOVToOFoASSAM oHOMEoDEPTT oDISPUR oGUWAHATI-o781006 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSION oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI oDELHI-o110001 oINDIA 4:THEoSTATEoCOORDINATOR oNRC oASSAM o1SToFLOOR oACHYUToPLAZA oGSoROAD oBHANGAGARH Page No.# 2/5 GHY ASSAM PIN- 781005 5:THE DEPUTY COMMISSIONER BARPETA P.O AND P.S- BARPETA DIST- BARPETA ASSAM PIN- 781314 6:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O AND P.S- BARPETA PIN- 781315 7:THE OFFICER IN CHARGE BARPETA POLICE STATION DIST- BARPETA ASSAM PIN- 78131 Advocate for the Petitioner : MS D BORGOHAIN Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN