Moshior Rahman @ Masiyar Rahman v. The Union of India and 8 Ors

ORDER Date : 26.04.2023 (AM Bujor Barua, J)

Heard Mr. MU Mondal, learned counsel for the petitioner. Also heard Ms. L Devi, learned counsel for the respondent no. 1 being the authorities under the Union of India, Mr. A Kalita, learned counsel for the respondents no. 2, 3, 4, 5, 6 and 8 being the authorities under the Home Department of the Government of Assam, Mr. M Dutta, learned counsel for the respondent no. 7 being the Deputy Commissioner, Dhubri and Mr. AI Ali, learned counsel for the respondent no. 9 being the authorities under the Election Commission of India.

¶2The petitioner Masiyar Rahman, Son of Ahammad Ali of village 90 Talli part-I, Police Station Agomani had been issued a notice by the Foreigners' Tribunal No. 10, Dhubri in connection with Case No. FT(10)/AGM/540/2017 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. The Tribunal rendered an opinion/order dated 23.10.2017 declaring the petitioner to be a foreigner.

¶3Being aggrieved this writ petition is instituted.

¶4In the writ petition, the petitioner relies on the voters' list of 1966 of village 90 Tolli Pt I in the Dhubri district which contains the name of Ghoga, S/O Nijamuddin at Sl. No. 59 and that of Kasiran Nessa Bibi, W/O Ghoga at Sl. No.

¶60The petitioner also relies on the voters' list of 1970 of village 90 Tolli Pt I which contains the name of Ghoga Sk, S/O Nizamuddin. The petitioner Page No.# 4/5 thereupon relies on the voters' list of 1979 of village 90 Tolli Pt I which contains the name of Ahammad Ali, S/O Ghoga and Mariom Bibi, W/O Ahammad at Sl. No. 162 and 163. Similar voters' list of village 90 Tolli Pt I of 1989 is also referred containing the name of Ahammad Ali, S/O Joga. The petitioner further relies on the voters' list of 2005 of village 90 Tolli Pt I which contains the names of Ahammad Ali Sk, S/O Khoga Sk Ali at Sl. No. 104, Morium Bibi, W/O Ahammad Ali at Sl. No. 105 and that of Masiar Rahman, S/O Ahmmad Ali at Sl. No. 106 and the said voters' list also contains the name of other sons of Ahammad Ali.

¶5The petitioner claims that as Ghoga, S/O Nijamuddin can establish his citizenship through the voters' list of 1966 and 1970 of village 90 Tolli Pt I and Ahammad Ali Sk can show that he is the son of Ghoga by relying on the voters' list of 1979 of village 90 Tolli Pt I and the voters' list of 2005 of village 90 Tolli Pt I also contains the name of Ahammad Ali Sk, S/O Khoga Sk Ali and Masiar Rahman, S/O Ahmmad Ali, we are satisfied that the petitioner had discharged the burden under Section 9 of the Foreigners' Act, 1946 that he is a citizen of India.

¶6Accordingly, the petitioner Masiyar Rahman, S/O Ahammad Ali of village 90 Tolli Pt I is declared to be an Indian citizen. The petitioner shall be entitled to all the rights and liberty as may be entitled as a citizen of India.

¶7The petitioner also makes a statement that Ghoga and Joga are one and the same person.

Writ petition stands allowed in the above terms.

JUDGE JUDGE Page No.# 5/5 Comparing Assistant

PageoNo.#o1/5 GAHC010203782017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6946/2017o MOSHIORoRAHMANo@oMASIYARoRAHMANo S/O.oAHAMMADoALIo@oAHAMMADoALIoSK.,oVILL.oTOLLIoPT-I,oP.O.o AGOMONI,oP.S.oAGOMONI,oDIST.oDHUBRI,oASSAM,oPIN-783335. VERSUSo THEoUNIONoOFoINDIAoando8oORS.o REP.oBYoTHEoMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOFoINDIA,oNEWoDELHI- 01. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDISPUR oGUWAHATI-06. 3:THEoCOMM.oandoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY.-06. 4:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI-05. 5:THEoSUPERINTENDENToOFoPOLICEoB oDHUBRI oASSAM oDIST.oDHUBRI Page No.# 2/5 ASSAM PIN-783301. 6:THE SUPERINTENDENT OF POLICE DHUBRI ASSAM DIST. DHUBRI ASSAM PIN-783301. 7:THE DY. COMMISSIONER DHUBRI ASSAM DIST. DHUBRI ASSAM PIN-783301. 8:THE OFFICER-IN-CHARGE AGOMONI POLICE STATION DIST. DHUBRI ASSAM PIN-78335. 9:THE ELECTORAL REGISTRATION OFFICER NO. 25 GOLAKGANG LAC DIST. DHUBRI ASSAM PIN-783335 Advocate for the Petitioner : MSN NASRIN Advocate for the Respondent : ASSTT.S.G.I.R. 1. Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN