Aysha Khatun @ Aysha Bewa v. The Union of India and 7 Ors

PageoNo.#o1/4 GAHC010258552017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/504/2017o AYSHAoKHATUNo@oAYSHAoBEWAo W/O.oLT.oJOHORoALI,oD/O.oSUKURoALIoMONDAL,oVILL.oMAYERoCHARoPT-VII,oP.O.oNAYERoALGA,oP.S.oBILASIPARA,oDIST.oDHUBRI,oASSAM,oPIN.-o 783348. VERSUSo THEoUNIONoOFoINDIAoando7oORS.o REP.oBYoTHEoMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOFoINDIA,oNEWoDELHI-

¶012:THEoSTATEoOFoASSAM oREP.oBYoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDISPUR oGHY.-06. 3:THEoCOMMISSIONERoandoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY.-06. 4:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI-05. 5:THEoSUPERINTENDENToOFoPOLICE oBoDHUBRI oASSAM Page No.# 2/4 PIN. 783301. 6:THE DEPUTY COMMISSIONER DHUBRI ASSAM PIN. 783301. 7:THE OFFICER-IN-CHARGE BILASIPARA POLICE STATION DIST. DHUBRI ASSAM PIN. 783348. 8:THE ELECTOR REGISTRATION OFFICER NO. 26 BILASIPARA WEST LAC DIST.- DHUBRI ASSAM PIN. 783348 Advocate for the Petitioner : MDI H KHAN Advocate for the Respondent : GA, ASSAMR. 2-8.

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

19.07.2023 (A.M. Bujor Barua, J)

Heard Mr. MU Mondal, learned counsel for the petitioner. Also heard Mr. B Sarma, learned CGC appearing on behalf of respondents in the Union of India, Ms. L Devi learned counsel for the authorities in the NRC, Mr. G Sarma, learned counsel for the State respondents in the Home Department of Government of Assam, Mr. T Pegu, learned counsel for the Election Commission of India and Mr. Page No.# 3/4 PK Medhi, learned counsel for the Deputy Commissioner, Dhubri.

¶2The petitioner Aysha Khatun @ Aysha Bewa had been referred to the Foreigners Tribunal No. 7, Dhubri at Bilasipara for rendering an opinion as to whether she is a foreigner within the meaning of foreigner under the Foreigners Act, 1946, resulting in registration of Case No. 101/CPR/16 (FT Case No. 336/CPR/11), wherein an opinion dated 11.01.2017 was 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 1966 of village Boyejeralga Part-V in the present Dhubri district, which contains the name of Sukur Ali Sk son of Haben Mondal at serial No. 19. Reliance is also placed on the voters list of 1970, which contains the name of Sukur Ali Sk son of Haben at serial No. 20. The subsequent voters list of 1989 and 1997 contains the name of Sukur Ali Mondal son of Haben Mondal. But the voters list of 1985, which contains the name of Sukur Ali Sk son of Habej Ali Mondal at serial No. 89 of village Gutipara Part-V and not Boyzeralga Part-V. However, Sukur Ali Mondal had deposed before the Tribunal as DW-5 stating that the writ petitioner Aysha Bewa is his daughter, who was married to Jahar Ali of village Mayer Char Part-VII. A voters list of 1997 of Mayer Char Part-VII is also available on record which contains the name of Aysha Khatun wife of Mohor Ali. It is sought to be explained that after the death of her first husband Jahar Ali, the petitioner Aysha Khatun married to Mohar Ali.

¶4In view of the evidence rendered by Sukur Ali son of Habej Ali Mondal of village Boyzeralga Part-V as DW-5, we remand the matter back to the Tribunal to examine the voters list of 1966, 1970, 1989 and 1997 of village Boyzeralga Part-V as well as the evidence rendered by DW-5 and pass a reasoned order. The respondents in the Home Department may cross-examine the DW-5 as may Page No.# 4/4 be advised and also make necessary verification and submit a report before the Tribunal. The Tribunal shall also go into the question as to why the voters list of 1985 is of village Gutipara Part-V instead of Boyzeralga Part-V, which also contains the name of Sukur Ali Sk son of Habej Ali Mondal. The Tribunal shall also go into the question that Aysha Khatun upon the death of her earlier husband Jahar Ali had married to another person Mohor Ali. After doing the needful, the Tribunal shall pass a reasoned order thereon.

¶5If the reasoned order is in favour of the petitioner, the same shall prevail over the earlier opinion dated 11.01.2017 and if it goes against the petitioner, consequence as per law shall follow.

¶6The petitioners shall appear before the concerned Foreigners Tribunal on

14.08.2023. Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶7The writ petition is allowed as indicated above.

¶8Send back the LCR immediately.

JUDGE JUDGE Comparing Assistant