Ismail Hussain Khandakar v. The Union of India and 9 Ors

ORDER Date : 20.03.2023 (AM Bujor Barua, J)

Heard Ms. D Ghosh, learned counsel for the petitioner. Also heard Ms. P Swargiary, learned counsel for the respondent no. 1 being the Union of India, Ms. A Verma, learned counsel for the respondents no. 2, 6, 7, 8, 9 and 10 being the authorities under the Home Department of the Government of Assam, Mr. AI Ali, learned counsel for the respondent no. 3 being the Election Commission of India, Ms. L Devi, learned counsel for the respondent no. 4 being the authorities under the NRC and Ms. K Phukan, learned counsel for the respondent no. 5 being the Deputy Commissioner, Dhubri.

¶2The petitioner Ismail Hussain had been referred to the Foreigners Tribunal No. 2, Kamrup(M) 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, resulting in registration of Case No. 571/2015. The Tribunal rendered an opinion dated 30.08.2018 declaring the petitioner to be foreigner.

¶3Being aggrieved this writ petition is instituted.

¶4In the writ proceeding the petitioner relies upon the voters' list of 1966 of village 171 Bhedlo Mouza Dhubri in the Dhubri district which contains the name of Daulat Khandakar, S/O Ajatullah at Sl. No. 139 and that of Nabijon Bibi, W/O Daulat at Sl. No. 140. The petitioner also refers to the voters' list of 1985 of village 188 Kaimbhasani Part I which contains the name of Nabijon Bibi, W/O Daulat Khandakar at Sl. No. 351 and that of Amjad Ali, S/O Daulat Khandakar at Sl. No. 352. The petitioner further refers to the voters' list of 2017 of village 178 Page No.# 4/5 Kaimbhasani Pt I which contains the name of Amjad Adli Khandakar, S/O Dulat Khandakar at Sl. No. 774 and that of Ismail Hussain Khandakar, S/O Amjad Ali Khandakar at Sl. No. 777.

¶5The petitioner also seeks to establish his link with Daulat Khandakar of the 1966 voters' list by referring to the final Khatian No. 47 in respect of the plot of land of Kaimbhasani Pt I village. According to the petitioner although Daulat Khandakar was initially residing at village Bhedlo but he is also the owner of the plot of land at village Kaimbhasani Pt I where after his death his wife along with his son Amjad Ali Khandakar had shifted and accordingly their names appears in the voters' list of Kaimbhasani village Pt I of the year 1985. The name of the petitioner appears along with Amjad Ali Khandakar in the voters' list of 2017 in respect of village Kaimbhasani Pt I. Accordingly, the petitioner claims that he has established that he is a citizen of India.

¶6In order to accept that the petitioner is a citizen of India there has to be conclusion that Daulat Khandakar of 1966 voters' list of village Bhedlo and Daulat Khandakar being the father of Amjad Ali in the voters' list of 1985 of village Kaimbhasani Part I are one and the same person. An indication may be that the name of Nabijon Bibi wife of Daulat Khandakar of 1966 appears in the voters' list of village Bhedlo and the name of Nabijon Bibi, W/O Daulat Khandakar also appears along with name of Amjad Ali Khandakar, S/O Daulat Khandakar in the voters' list of 1985 of village Kaimbhasani.

¶7The Tribunal may examine the matter and pass a reasoned order and if the reasoned order is in favour of the petitioner, the same may prevail over the opinion/order dated 30.08.2018 passed in F.T. Case No. 571/2015 and if against, consequence under the law is applicable to the petitioner. The petitioner to appear before the Tribunal on 03.05.2023. Page No.# 5/5

¶8The petitioner is given the liberty to produce any further material, if available to substantiate the aforesaid linkage.

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

¶10Send back the LCR.

Writ petition stands disposed of in the above terms.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/5 GAHC010232322018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7381/2018o ISMAILoHUSSAINoKHANDAKARo S/O-oAMJADoALIoKHANDAKAR,oR/O-oVILL-oKAIMoBHASHANIoAMoKHANDA, P.S-oDHUBRI,oDIST-oDHUBRI,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo9oORSo REP.oBYoTHEoSECRETARY,oMINoOFoHOMEoAFFAIRS,oGOVToOFoINDIA,o SHASTRIoBHAWAN,oNEWoDELHI-o110001 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECRETARYoTOoTHEoGOVToOFoASSAM oHOMEoDEPTT oDISPUR oGHY-o06 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSION oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-o110001 4:THEoSTATEoCOORDINATOR oNRC oASSAM o1SToFLOOR oACHYUToPLAZA oGoSoROAD oBHANGAGARH oGHY oASSAM oPIN-o781005 Page No.# 2/5 5:THE DEPUTY COMMISSIONER DHUBRI P.O- AND P.S- DHUBRI DIST- DHUBRI ASSAM PIN- 783301 6:THE FOREIGNERS TRIBUNAL NO. 2 KAMRUP(M) AT GUWAHATI HEDAYATPUR GHY- 03 DIST- KAMRUP(M) ASSAM 7:THE DEPUTY COMMISSIONER OF POLICE(B) CITY GUWAHATI KAMRUP(M) ASSAM PIN- 781001 8:THE SR SUPERINTENDENT OF POLICE(B) CITY GUWAHATI KAMRUP(M) ASSAM PIN- 781001 9:THE SUPERINTENDENT OF POLICE(B) DHUBRI P.O AND P.S- DHUBRI DIST- DHUBRI ASSAM PIN- 783301 10:THE OFFICER IN CHARGE DHUBRI POLICE STATION P.O- DHUBRI DIST- DHUBRI ASSAM PIN- 78330 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : ASSTT.S.G.I. BEFORE Page No.# 3/5 HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN