Nurul Islam and 4 Ors v. The Union of India and 6 Ors

ORDER

21.08.2023 (A.M. Bujor Barua, J)

Heard Mr. M. U. Mahmud, learned counsel for the petitioner. Also heard Ms. L. Devi, learned CGC appearing on behalf of respondents in the Union of India and the authorities under the NRC being the respondent Nos.1 & 4, Mr. H. K. Hazarika, learned Government Advocate for the State respondents being the respondent No.5, Mr. G. Sarma, learned standing counsel representing the respondents Nos. 3, 6 & 7, being the Foreigner Tribunal, and Mr. A. Ali, learned counsel for the Election Commission of India being respondent No.2.

¶2The petitioners, namely, (i) Nurul Islam, (ii) Mamina Khatun (wife of petitioner No.1), (iii) Rejabul Haque (son), Bul Bul Haque (Son) and (v) Minara Begum (daughter) have been referred to the Foreigners' Tribunal No-3, Morigaon for rendering an opinion as to whether they are persons who entered Page No.# 4/6 the State of Assam from the specified territory on or after 25.03.1971 resulting in registration of F. T. Case No. 29/2016. The Tribunal rendered an opinion dated

27.02.2019 declaring the petitioners to be foreigners. Being aggrieved this Writ Petition is instituted.

¶3In the Writ Proceeding, the petitioner relies on the voters list of 1965 of village Shilpukhuri, Police Station Laharighat, in the Nagaon District, which contains the name of Suruj, son of Rajdar at Sl. No.223 and that of Rajdar Sk, son of Nabu Sk at Sl. No.220 and both are shown to be residing in the same House No.58. The voters list of the year 1966 of Village Shilpukhuri also contains the same information. The voters list of 1989 of Village Shilpukhuri contains the name of Nurul Islam son of Suruj at Sl. No. 172.

¶4It is noticed that the voters list of 1965 contains the name of Suruj son of Rajdar at Sl. No.223 and that of Morjaan, wife of Suruj at Sl. No. 225. The voters list of 1989 of Village Shilpukhuri contains the name of Moiram Jaan wife of Suruj at Sl. No.171 and that of Nurul Islam the son of Suruj at Sl. No.172 and both are shown to be residing in the same House No.63. As the name of Nurul Islam son of Suruj appeared along with Moiram Jaan wife of Suruj in the voters list of 1969 of Village Shilpukhuri and the name of Morjaan wife of Suruj appeared along with Suruj in the voters list of 1965, where it is claimed that Moiram Jaan and Morjaan are in fact the same person, accordingly it is claimed that the burden under Section 9 of the Foreigners Act, 1946 had been discharged. Page No.# 5/6

¶5We take note that Morjaan, wife of Suruj in the voters list of 1965 is aged about 25 years, whereas the Moiram Jaan wife of Suruj in the voters list of 1989 is about 54 years, which shows that they are at a close proximity to each other.

¶6In view of above, the matter is remanded back to the Tribunal to examine the voters lists of 1966, 1970, 1977, 1985 and 1989 of Village Shilpukhuri and arrive at a conclusion as to whether the appearance of the name of Nurul Islam along with Moiram Jaan in voters list of 1989 and that of Morjaan, wife of Suruj and Suruj appearing together in the voters list of 1965 do establish that the petitioner has discharged the burden under Section 9 of the Foreigners Act, 1946. The respondent's in the Home Department may further make their own verification and submit a report before the Tribunal more particularly the name of Nurul Islam of the voters list of 1989 and the writ petitioner is one and the same person. Upon doing the needful a reasoned order be passed. In the event, the reasoned order is in favour of the petitioners, the same shall prevail over the earlier opinion dated 27.02.2019 and if it is against the petitioners, consequential action shall follow.

¶7As regards to the declaration of the other petitioners namely-1) Musstt. Momina Khatoon (wife), 2) Md. Abdul Ahab (son), 3) Md. Bul Bul Haque (Son), and 4) Musstt. Minara Begum @ Begum (daughter), we are of the view that it is always safer to have individual references, although, there may be a claim that they are members of same family because the fact whether they are members of same family also requires a determination. Accordingly, the declarations Page No.# 6/6 against the said persons are also interfered and liberty is granted to the respondent to initiate independent references against the said persons, if so advised.

¶8The petitioners shall accordingly appear before the Tribunal on

19.09.2023. Till the reasoned order is passed, no coercive action shall be taken against the petitioners.

¶9The petition stands allowed as indicated above. Send back the LCR.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010200752019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6139/2019o NURULoISLAMoANDo4oORS.o S/O-oLToSURUJoALI,oRESIDINGoAToVILL-oSHILPUKHURI,oP.S.oMIKIRBHITA,o DIST-oMORIGAON,oASSAM,oPIN-o782106 2:oMAMINAoKHATUN oD/O-oLToCHANDUoSHEIKH oW/O-oNURULoISLAM oRESIDINGoAToVILL-oSHILPUKHURI oP.S.oMIKIRBHITA oDIST-oMORIGAON oASSAM oPIN-o782106 3:oREJABULoHAQUE oS/O-oNURULoISLAM oRESIDINGoAToVILL-oSHILPUKHURI oP.S.oMIKIRBHITA oDIST-oMORIGAON oASSAM oPIN-o782106 4:oBULoBULoHAQUE oS/O-oNURULoISLAM oRESIDINGoAToVILL-oSHILPUKHURI oP.S.oMIKIRBHITA oDIST-oMORIGAON oASSAM oPIN-o782106 PageoNo.#o2/6 5:oMINARAoBEGUM oD/O-oNURULoISLAM oW/O-oMD.oSALAM VILL-oAZADoNAGAR oP.S.oMIKIRBHITA oDIST-oMORIGAON oASSAM oPIN-o78200o VERSUSo THEoUNIONoOFoINDIAoANDo6oORS.o REP.oBYoTHEoSECY.oTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oNEWoDELHI-1 2:THEoELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI-1 3:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-6 4:THEoASSAMoCO-ORDINATORoOFoNRC oBHANGAGARH oASSAM oGHY-5 5:THEoDY.oCOMMISSIONER oMORIGAON oDIST-oMORIGAON oASSAM oPIN-o782105 6:THEoSUPERINTENDENToOFoPOLICEo(B) oMORIGAON oDIST-oMORIGAON oASSAM oPIN-o782105 7:THEoOFFICER-IN-CHARGE Page No.# 3/6 MIKIRBHITA P.S. DIST- MORIGAON ASSAM PIN- 78210 Advocate for the Petitioner : MR. M U MAHMUD Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MRS. JUSTICE MITALI THAKURIA