Abdul Mazid v. The Union of India and 5 Ors

ORDER

15.05.2023 [A.M.Bujor Barua, J.]

Heard Mr. K.M. Hasan, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned counsel for the respondent no. 1; Mr. G. Sarma, learned counsel for the respondent nos. 2, 3, 5 and 6; and Mr. T.R. Gogoi, learned counsel for the respondent no. 4.

¶2The petitioner Abdul Mazid had been referred to the Foreigners' Tribunal, No. 5, Morigaon 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 FT Case No. 235/2016, wherein an opinion dated 30.08.2017 had been rendered declaring the petitioner to be a foreigner. Being aggrieved this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies on the Voters' List of 1966 of village Saruchala, P.S. Lahorighat in the Nagaon district, which contains the name of Amsar Ali, son of Sabdi Mushi at serial no. 347 and that of Maleka Khatun wife of Amsar at serial no. 348, Khateman Nessa daughter of Amsar, Abdul Hamid son of Afsar and Abdul Khaleque son of Afsar. All are shown to be residing in the same house no. 62. In the Voters' List of 1970 the name of Amsar is corrected to be written as Apsar Ali son of Sabdi Munshi at serial no. 348 and that of Maleka Khatun wife of again Amsar at serial no. 348, Khateman Nessa daughter Page No.# 3/3 of Amsar, Abdul Hamid son of Afsar and Abdul Khaleque son of Afsar. The interchanging of the name Apsar and Amsar in the two Voters' List indicates that Amsar and Apsar are one and the same person. The petitioner claims that he is the son of Apsar Ali and to substantiate the same relies upon the Voters' List of 1977 of village Saruchala which contains the name Abdul Mazid son of Afsar and Sakina Khatun wife of Abdul Mazid. It is stated that Afsar, the father of Abdul Mazid of the Voters' List of 1977 is Apsar of the Voters' List of 1966 and 1970 of village Saruchala.

¶4In the circumstance, the matter is remanded back to the Foreigners' Tribunal, No. 5, Morigaon to examine the Voters' Lists of 1966, 1970 and 1977 of village Saruchala and pass a reasoned order as to whether the petitioner could discharge the burden under section 9 of the Foreigners' Act of 1946 and also the respondent in the Home Department of Government of Assam to make their own verification and to submit the report before the Tribunal. The petitioner in order to facilitate the process to submit the complete Voters' List of 1970 and 1977 of village Saruchala as to enable the Tribunal to examine as to whether the name of Apsar and Abdul Mazid appeared in the same village.

¶6Upon undertaking the exercise, the Tribunal may pass a reasoned order and if the reasoned order is in favour of the petitioner, the same shall prevail over the opinion dated

30.08.2017 passed in FT Case No. 235/2016, and if against, consequence under the law is applicable to the petitioner.

¶7The petitioner to appear before the Tribunal on 28.06.2023.

¶8Till 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.#o1/3 GAHC010263402017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6527/2017o ABDULoMAZIDo S/O.oLT.oAFSARo@oAMSARoALI,oVILL.oSARUCHALA,oP.O.oAKRABORI,oP.S.o MOIRABARI,oPIN-782123,oDIST.oMORIGAON,oASSAM. VERSUSo THEoUNIONoOFoINDIAoando5oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oNEWoDELHI. 2:THEoSTATEoOFoASSAM oREP.oBYoITSoSECRETARY oGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY.-06. 3:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGHY.-781007. 4:THEoDY.oCOMMISSIONER oMORIGAON oDIST.oMORIGOAN oASSAM. 5:THEoSUPDT.oOFoPOLICEoB oMORIGOAN Page No.# 2/3 DIST. DARRANG ASSAM. 6:THE OFFICER IN CHARGE MOIRABARI POLICE STATION MORIGAON DIST. DARRANG ASSAM Advocate for the Petitioner : MR.K LAHKAR Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN