Sakina Begum @ Sakina Aktar v. The Union of India and 5 Ors

PageoNo.#o1/4 GAHC010215922019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6828/2019o SAKINAoBEGUMo@oSAKINAoAKTARo D/O-oLT.oABDULoBAREK,oW/O-oJAKIRoHUSSAIN,oR/O-oNATUNoBASTIo ANGARKATA,oP.S.-oTAMULPUR,oDIST-oBAKSA,oBTC,oASSAM. VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oSHASTRIoBHAWAN,oTILOKoMARG,oNEWoDELHI-1. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGUWAHATI-6. 3:THEoSUPERINTENDENToOFoPOLICEo(B) oBAKSA oMUSHALPUR oP.O.-oMUSHALPUR oDIST.oBAKSA oBTC oASSAM oPIN-o783380. 4:THEoDEPUTYoCOMMISSIONER oBAKSA oMUSHALPUR oP.O.oMUSHALPUR oDIST-oBAKSA oASSAM. Page No.# 2/4 5:THE ELECTION COMMISSIONER OF INDIA NEW DELHI-1. 6:THE STATE CO-ORDINATOR OF NATIONAL REGISTRATION OF CITIZEN

(NRC) ASSAM GHY.- 5 Advocate for the Petitioner : MR. A R SIKDAR Advocate for the Respondent : ASSTT.S.G.I.

BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON'BLE MR. JUSTICE ROBIN PHUKAN O R D E R

23.05.2023 (A.M. Bujor Barua, J)

Heard Mr. N Ahmed, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC appearing on behalf of respondents in the Union of India as well as for the authorities in the NRC, Mr. G Sarma, learned counsel for the State respondents in the Home Department of Government of Assam, Mr. AI Ali, learned counsel for the Election Commission of India and Ms. U Das, learned counsel for the Deputy Commissioner, Baksa.

¶2The petitioner Sakina Begum @ Sakina Aktar had been referred to the Foreigners Tribunal, Baksa at Tamulpur for rendering an opinion as to whether she is a person who entered the State of Assam from the specified territory on or after 25.03.1971 resulting in registration of F.T. Case No. 2457/BAKSA/2016, wherein an opinion dated 30.01.2019 was given that the petitioner is a foreigner. Being aggrieved, this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies on the voters list of 1966 of Page No.# 3/4 village Hajipara, Mouza gilajhari in the present Barpeta district, which contains the name of Innas Ali son of Mir Box at serial No. 1 and that of Misiron Nessa wife of Innas at serial No. 2 and both of them are shown to be residing in the same house No. 1. It is claimed that Innas Ali is the grandfather of the petitioner and Misiron Nessa is the grandmother. Further reference is made to the voters list of 1970 of village Hajipara, which contains the name of Innas Ali son of Mir Box at serial No. 1 and Misiron Nessa wife of Innas at serial No. 2 as well as Abdul Barek son of Innas at serial No. 4 and all of them are shown to be residing in the same house No. 1. It is claimed that Abdul Barek son of Innas is the father of the petitioner.

¶4To substantiate the same, reliance is placed upon a school certificate issued by the Headmaster-in-Charge of Hazipara High School, which contains the information that Sakina Aktara is the daughter of Abdur Bareque of village hazipara. But we have noticed that the Headmaster of the school had not been examined.

¶5In view of the law laid down in WP(C) No. 3056/2018 (Anima Das –vs-Union of India and others), there is a requirement to examine the Headmaster with the original school records to establish the contents of the school certificate.

¶6Petitioner also relies upon the Jamabandi in respect of a plot of land at village Hajipara, wherein it is provided that as per the order of the circle officer dated 20.05.2019 in mutation case No. BAR/2018-19/4646/FMUT, land had been mutated, amongst others, in the name of Sakina Aktar (Begum), daughter of Abdul Barek in place of Abdul Barek. The mutation order may also lead to a conclusion that the petitioner is the daughter of Abdul Barek. Page No.# 4/4

¶7We have noticed that the name of Abdul Barek appears in the voters list of 1970 of village Hajipara, which also contains the name of Innas Ali, his father, whose name again appears in the 1966 voters list also in village Hajipara.

¶8In view of the above, the matter is remanded back to the Tribunal to examine the voters list of 1966 and 1970 of village Hajipara. The Tribunal shall also allow the petitioner to examine the Headmaster of Hazipara High School to be present along with the original admission register of the school as well as to take note of the order of the circle officer. The petitioner shall produce the complete mutation order of the circle officer dated 20.05.2019 for the perusal of the Tribunal. The respondents in the Home Department may make their own verification as required by the law. Upon doing the needful, the Tribunal may pass its reasoned order.

¶9If the reasoned order is in favour of the petitioner, the same shall prevail over the earlier opinion dated 30.01.2019 and if it goes against the petitioner, consequence as per law shall follow.

¶10The petitioner shall appear before the concerned Foreigners Tribunal on

07.07.2023. Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶11The writ petition is allowed as indicated above.

¶12Send back the LCR immediately.

JUDGE JUDGE Comparing Assistant