Neela Khatun @ Nila Khatun v. The Union of India and 6 Ors

ORDER

26.07.2023 (AM Bujor Barua, J)

Heard Mr. M Mondal, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC for the respondents in the Union of India as well as the authorities under the NRC, Mr. A Ali, learned counsel for the authorities under Page No.# 3/6 the Election Commission of India, Mr. G Sarma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam as well as the Superintendent of Police (B) Hatsingimari and Ms. K Phukan, learned Government Advocate for the Deputy Commissioner, South Salmara Mankachar.

¶2The petitioner, namely, Neela Khatun @ Nila Khatun was referred to the Foreigners Tribunal 3rd Dhubri at Hatsingimari for rendering an opinion as to whether she is a foreigner within the meaning of Foreigner Act, 1946 which resulted in the registration of F.T. Case No.86/2018 arising out of Reference F.T. Case No.459/MKCH/10 wherein an opinion dated 30.09.2021 was rendered declaring the petitioner to be a person who had entered the State of Assam from the specified territory on or after 25.03.1971.

¶3Being aggrieved this writ petition is instituted.

¶4In the writ proceeding, the petitioner relies upon the voters list of 1960 of village Mankachar (Beparipara) Union No.5 which contains the name of Merajol Hoque son of Ati Mulla at Sl.No.1760. The voters lists of 1970 and 1977 of the same village Mankachar (Beparipara) Union No.5 also contain the same information. The petitioner has placed reliance on a Chitha in respect of a plot of land at village Mankachar Town by referring to the contents thereof that the land has been mutated in the name of Nila Khatun daughter of Meraj Ali in place of Meraj Ali. Accordingly a claim is made that the burden under Section 9 of the Foreigners Act 1946 has been discharged by the petitioner inasmuch as the Page No.# 4/6 Chitha shows that Nila Khatun is the daughter of Meraj Ali and that the voters list of 1960 to 1977 of village Mankachar (Beparipara) Union No.5 shows that Meraj Ali himself is a citizen of India.

¶5Mr. G Sarma, learned counsel for the respondents in the Home Department, Government of Assam on the other hand has raised the objection that firstly the voters list of 1960 and 1970 contains the name of Merajol Hoque and not Meraj Ali so a question would remain as to whether Merajol Hoque and Meraj Ali are one and the same person. A further objection is raised that the voters list of 1960 to 1977 is in respect of village Mankachar Beparipara, whereas the Chitha of the plot of land relied upon by the petitioner is in respect of village Mankachar Town. So therefore a question for determination would remain as to whether the village Mankachar Beparipara referred in the voters list of 1960 to 1977 and the village Mankachar Town referred in the Chitha are the same place.

¶6In view of the above, the matter stands remanded back to the Tribunal to enable the Tribunal to examine the voters lists of the years 1960, 1970, and 1977 in respect of village Mankachar Beparipara as well as the Chitha of the plot of land relied upon by the petitioner of village Mankachar Town.

¶7The complete and continuous voters lists of village Mankachar Beparipara relied upon by the petitioner be produced for examination of the Tribunal. The petitioner shall also produce the complete order of the Circle Officer by which the mutation was effected for examination of the Tribunal. Page No.# 5/6

¶8The respondents in the Home Department may also make their own verification on the aforesaid aspect and shall arrive at their own satisfaction as to whether village Mankachar Beparipara referred in the voters list of 1960 to 1977 and village Mankachar Town pertaining to the Chitha are one and the same place and submit a report before the Tribunal, if so advised.

¶9Accordingly, the petitioner shall appear before the Tribunal on 21.08.2023.

¶10The Tribunal upon doing the needful and after examining the evidences and materials shall pass a reasoned order. In the event, the reasoned order is in favour of the petitioner, the same shall prevail over the opinion dated

30.09.2021 of the Foreigners Tribunal 3rd Dhubri at Hatsingimari in F.T. Case No.86/2018 arising out of Reference F.T. Case No.459/MKCR/10 and if it is against the petitioner, consequential action under the law shall follow.

¶11Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶12Writ petition stands disposed of in the above terms.

¶13Send back the LCR.

Page No.# 6/6 JUDGE JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010261582022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8396/2022o NEELAoKHATUNo@oNILAoKHATUNo W/OoLT.oMAJIBARoRAHMANo@oMOZIBOR,o D/OoLT.oMERAJoALIo@oMIRAJOLoHOQUE,o VILL.-oJORDANGAoBARMANPARA,o P.S.-oMANKACHAR,o DIST.-oSOUTHoSALMARA,oMANKACHAR,oASSAM. VERSUSo THEoUNIONoOFoINDIAoANDo6oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oSHASTRIoBHAWAN,oTILOKoMARG,oNEWoDELHI-o01. 2:THEoSTATEoOFoASSAM oREP.oBYoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGUWAHATI-o06. 3:THEoDEPUTYoCOMMISSIONER oSOUTHoSALMARAoMANKACHAR o P.S.-oMANKACHAR o DIST.-oSOUTHoSALMARAoMANKACHAR oASSAM oPIN-o783135. 4:THEoSUPERINTENDENToOFoPOLICEo(B) oHATSINGIMARI oP.S.-oMANKACHAR o Page No.# 2/6 DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135. 5:THE ELECTION COMMISSION OF INDIA THROUGH ITS SECRETARY NIRBACHAN BHAWAN NEW DELHI- 01. 6:THE ASSAM STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM BHANGAGARH PIN- 05. 7:THE DISTRICT ELECTION OFFICERS HATSINGIMARI P.S.- MANKACHAR DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135 Advocate for the Petitioner : MR. M MONDAL Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN