Sahar Ali @ Sahor Ali v. The Union of India and 5 Ors

ORDER Date : 01.03.2023 (A.M. Bujor Barua, J)

Heard Mr. R. Ali, learned counsel for the petitioner and Mr. B. Sarma, learned counsel for the respondent No. 1, being the Union of India. Also heard Ms. A. Verma, learned counsel for the respondents No. 2 and 6, being the authorities in the Home Department; Mr. A. 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 State Co-ordinator of NRC and Ms. U. Das, learned counsel for the respondent No. 5, being the Deputy Commissioner, Kamrup(M).

¶2The petitioner Sahar Ali @ Sahor Ali was referred to the Foreigners' Page No.# 3/4 Tribunal No. 2, Kamrup(M) for an opinion as to whether he is a person who had entered the State of Assam from the specified territory subsequent to

25.03.1971 and accordingly Case No. F.T. Case No. 102/2017 was registered. The petitioner refers to the voters' list of 1970 of village 222 Binnachara Pt. III in the Dhubri district which contains the name of Mahabbat Ali son of Penatu at Sl. No. 33. The petitioner also refers to a transfer or leaving certificate of Binnachara M.E. Maddrassa which contains the information that Sahor Ali is the son of Mohabbat Ali of village Binnachara.

¶3The said information could have been appropriately appreciated had the petitioner also brought in the evidence of the Headmaster of the concerned maddrassa and it could have established that the petitioner is a citizen of India. However at the same time, an issue had also arisen as to whether the reference was appropriately made by the Superintendent of Police(B) to the Foreigners' Tribunal No. 2, Kamrup(M) for rendering an opinion. In this respect, an affidavit has been filed by the Commissioner of Police(B), Guwahati dated 18.02.2019 wherein it has been stated that the matter was re-examined and it was found that the reference made on 11.01.2008 was incorrect as per the records maintained in the office and that the reference itself ought not to have been made.

¶4In view of such stand of the Commissioner of Police(B), Guwahati, the reference itself is declared to be null and void and consequently, the proceeding against the petitioner is dropped and all such orders/opinions that may have been rendered by any authority including the Tribunal shall be construed to be null and void. The petitioner now would be entitled to all the rights and privileges under the Constitution as a citizen of India. Writ petition stands allowed as indicated above. Page No.# 4/4 Send back the LCR forthwith.

J U D G E Comparing Assistant

PageoNo.#o1/4 GAHC010238462018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7482/2018o SAHARoALIo@oSAHORoALIo S/OoLATEoMAHABBAToALIo@oMOHBAToALIoSHEIKHo@oMOHABBAToALIo VILL-oPASCHIMoSATGHORIAoPARA,oBINNACHARAo P.O.oBALADOBAoP.S.oGOLAKGANJo DIST.oDHUBRI,oASSAM,o PINo-o783334 VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOF INDIA,oMINISTRYoOFoHOMEoAFFAIRS,o oSHASTRIoBHAWAN,oTILOKoMARG,oNEWoDELHI-1. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM o oDEPARTMENToOFoHOME oDISPUR oGUWAHATIo-06. 3:THEoELECTIONoCOMMISSIONERoOFoINDIA oTHROUGHoITSoSECRETARY oNIRBACHANoBHAWAN o NEWoDELHI-1. 4:THEoSTATEoCO-ORDINATOR oNATIONALoREGISTERoOFoCITIZENSo(NRC) Page No.# 2/4 ASSAM BHANGAGARH GUWAHATI -5. 5:THE DEPUTY COMMISSIONER OF KAMRUP (M) DIST. KAMRUP (M) ASSAM. 6:THE SUPERINTENDENT OF POLICE (B) KAMRUP (M) DIST. KAMRUP (M) ASSA Advocate for the Petitioner : MR. R ALI Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN