Md. Abdul Malik @ Abdul Malik Khan v. The Union of India and 6 Ors

ORDER

02.08.2023 [A.M.Bujor Barua, J.]

Heard Mr. S. Nath, learned counsel for the petitioner. Also heard Mr. G. Sarma, learned counsel for the Home Department; Mr. L. Devi, learned counsel for the NRC and UoI; Ms. K. Phukan, learned counsel for the DC; and Mr. A.I. Ali, learned counsel for the ECI.

¶2The petitioner Md. Abdul Malik @ Abdul Malik Khan had been referred to the Foreigners' Tribunal, Jorhat for rendering an opinion as to whether he is a foreigner under the Foreigners' Act, 1946 resulting in registration of F.T. (New) Case No. 755/2010 and F.T. (Old) Case No. Page No.# 3/4 F.T./SVR/755/2010, wherein an opinion dated 30.09.2022 had been rendered declaring the petitioner to be a foreigner. Being aggrieved this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies upon the Voters' List of 1970 of Karimganj Municipality Ward no. 26 in the Cachar district, which contains the name of Abdul Sattar, son of Samed Ali at serial no. 41. It is claimed that Abdul Sattar is the father of the petitioner. To substantiate the same further reliance is made upon the Voters' List of 1985 of Karimganj Municipality Ward no. 26 in the Cachar district, which contains the name of Abdul Sattar, son of Samed Ali at serial no. 769 and that of Abdul Malik, son of Abdul Sattar at serial no. 772. As the name of Abdul Malik appears along with Abdul Sattar in the Voters' List of 1985 of Karimganj Municipality Ward no. 26 in the Cachar district and the name of Abdul Sattar appears in the Voters' List of 1970 of Karimganj Municipality Ward no. 26 in the Cachar district, it is claimed that the burden under Section 9 of the Foreigners' Act, 1946 had been discharged by the petitioner.

¶4In the circumstance, the matter is remanded back to the Foreigners' Tribunal, Jorhat to examine the Voters' Lists of 1966 - 1997 of Karimganj Municipality Ward no. 26 in the Cachar district, more particularly whether the name of Abdul Sattar also appears in the Voters' List of 1966 of Karimganj Municipality Ward no. 26 in the Cachar district so as to determine as to whether Abdul Sattar himself is a citizen or not. The Home Department also to make their own verification and submit the report before the Tribunal.

¶5Upon doing the needful the Tribunal may pass a reasoned order. If the reasoned order to be passed is in favour of the petitioner, the same shall prevail over the earlier opinion dated 30.09.2022 in F.T. (New) Case No. Page No.# 4/4 755/2010 and F.T. (Old) Case No. F.T./SVR/755/2010 and if it is against the petitioner, consequences under law shall follow. The petitioner to appear before the Tribunal on 28.08.2023. Till the reasoned order is passed, no coercive action be taken against the petitioner.

Writ petition stands disposed of in the above terms.

Send back the LCR immediately.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010255172022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8058/2022o MD.oABDULoMALIKo@oABDULoMALIKoKHANo S/O-oLATEoABDULoSATTAR,o PERMANENToR/O-oPATHARKANDIoROAD,oKARIMGANJoTOWN,oP.O-o KARIMGANJ,oP.SoANDoDIST-oKARIMGANJ,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oNEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoSUPERINTENDENToOFoPOLICE oP.O oP.SoANDoDIST-oSIVASAGAR oASSAM 4:THEoSUPERINTENDENToOFoPOLICEo(B) oJORHAT o P.O oP.SoANDoDIST-oJORHAT oASSAM 5:THEoDEPUTYoCOMMISSIONER oJORHAT o Page No.# 2/4 P.O P.S AND DIST- JORHAT ASSAM 6:THE NATIONAL REGISTER OF CITIZENS REP. BY THE COORDINATOR ACHYUT PLAZA BHARALUPUR BHANGAGARH GUWAHATI-05 DIST- KAMRUP (M) ASSAM 7:THE ELECTION COMMISSIONER OF INDIA REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA ASHOKA ROAD NEW DELHI-11000 Advocate for the Petitioner : MR. S NATH Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN