Harej Ali @ Harej v. The Union of India and 6 Ors

ORDER Date : 25.08.2023 (AM Bujor Barua, J)

Heard Mr. A Paul, learned counsel for the petitioner. Also heard Ms. L Devi, learned counsel for the respondents no. 1 and 4 being the authorities under the Union of India and NRC respectively, Mr. T Pegu, learned counsel for the respondent no. 2 being the authorities under the Election Commission of India, Mr. G Sarma, learned counsel for the respondents no. 3, 6 and 7 being the authorities under the Home Department of Government of Assam and Mr. P Sarma, learned Additional Senior Government Advocate for the respondent no. 5 being the Deputy Commissioner, Morigaon. Page No.# 3/4

¶2The petitioner Harej Ali was referred to the Foreigners' Tribunal No. 2, Morigaon for rendering an opinion as to whether he is a foreigner under the Foreigners' Act, 1946 resulting in registration of Case No. F.T.(C) 377/2011. The Tribunal rendered an opinion dated 26.06.2019 declaring the petitioner to be a foreigner.

¶3Being aggrieved, this writ petition is instituted.

¶4In the writ proceeding the petitioner relies upon a voters' list of 1966 of village Baruahting Police Station Laharighat in the Nagaon district which contains the name of Omar Ali S/O Haran at Sl. No. 162. It is claimed that Omar Ali is the father of the petitioner. To substantiate that Omar Ali is the father of the petitioner, reliance is placed on the voters' list of 1997 of village Baruahting which contains the names of Omar Ali S/O Haran at Sl. No. 237 and that of Harej S/O Omar at Sl. No. 248 where both are residing in the same house no.

33.

¶5As Omar Ali and Harej are residing in the same house number and their names appear in the voters' list of 1997 of village Baruahting and the name of Omar Ali appears in the voters' of 1966 of village Baruahting, a claim is made that the burden under Section 9 of the Foreigners Act, 1946 has been discharged.

¶6In view of the above the matter stands remanded back to the Tribunal to examine the voters' lists of village Baruahting of all the years from 1966 to 1997 and pass a reasoned order. For the purpose, the petitioner to produce complete and continuous voters' lists of village Baruahting from the year 1966 to 1997 for examination of the Tribunal. The respondents in the Home Department may make their own enquiry and verification and thereafter, submit a report before Page No.# 4/4 the Tribunal for its examination. Upon doing the needful, the Tribunal to pass a reasoned order.

¶7The petitioner to appear before the Tribunal on 22.09.2023.

¶8If the order of the Tribunal is in favour of the petitioner, the same shall prevail over the opinion dated 26.06.2019 passed in Case No. F.T.(C) 377/2011 and if against, consequence under the law is applicable to the petitioner.

¶9Till the reasoned order is passed, no coercive action be taken against the petitioner.

Send back the LCR.

Writ petition stands disposed of in the above terms.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010224702019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6931/2019o HAREJoALIo@oHAREJo S/O-oLToOMARoALI,oR/O-oVILL-oBARUATING,oP.S.oBHURAGAON,oDIST-o MORIGAON,oASSAM,oPIN-o782121 VERSUSo THEoUNIONoOFoINDIAoANDo6oORS.o REP.oBYoTHEoSECY.oTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oNEWoDELHI-o110001 2:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSIONoOFoINDIA oNIRVACHANoASHOKAoROAD oNEWoDELHI 3:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-6 4:THEoNATIONALoREGISTERoOFoCITIZENS oREP.oBYoTHEoSTATEoCOORDINATOR oACHYUToPLAZA oBHANGAGARH oGHY-5 oDIST-oKAMRUPo(M) oASSAM 5:THEoDY.oCOMMISSIONER oMORIGAON oDIST-oMORIGAON Page No.# 2/4 ASSAM PIN- 782105 6:THE MEMBER FOREIGNER TRIBUNAL 2ND MORIGAON DIST- MORIGAON ASSAM PIN- 782105 7:THE SUPERINTENDENT OF POLICE (B) MORIGAON P.O. AND P.S. MORIGAON DIST- MORIGAON ASSAM PIN- 78210 Advocate for the Petitioner : MR. A PAUL Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MRS. JUSTICE MITALI THAKURIA