Naiman Bibi @ Naiman Khatun v. The Union of India and 5 Ors

ORDER

02.05.2023 [A.M.Bujor Barua, J.]

Heard Ms. S. Das, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel for the respondent nos. 1 and 5; Mr. G. Sarma, learned counsel for the respondent nos. 2, and 6; Mr. N.K. Das, learned counsel for the respondent no. 3; and Mr. A.I. Ali, learned counsel for the respondent no. 4.

¶2The petitioner Naiman Bibi @ Naiman Khatun had been referred to the Foreigners' Tribunal No. II, Dhubri, for rendering an opinion as to whether she 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. 30/AGMN/17, wherein an opinion dated 31.08.2019 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 Jhawkuti P.S. Tufanganj in the Coochbehar district of West Bengal, which contains the name of Sk. Naimuddin, son of Holai at serial no. 160. The petitioner also relies on the evidence of Iman Ali son of Naimuddin Sk. of village Jhawkuti in the Coochbehar district of West Bengal wherein he has deposed that the petitioner Naiman Bibi is his sister and in the evidence of Iman Ali also exhibits an inheritance certificate issued by the Pradhan of Balabhut Gram Panchayat which contains the information that the legal heirs of Sk. Naimuddin amongst others, Iman Ali is his son and also Naiman Bibi is his Page No.# 3/3 daughter along with the other sons and daughters.

¶4In the cross-examination the State Authorities had not made any suggestion or had put any question which may rebut the evidence rendered by Iman Ali son of Sk. Naimuddin. But we have noticed that no Voters' List containing the name of Naimuddin Sk. and that of Iman Ali has been produced before this court.

¶5In the circumstance, the matter is remanded back to the Foreigners' Tribunal No. II, Dhubri to enable the petitioner to produce any Voters' List of village Jhawkuti which may contain the name of Naimuddin Sk. and that of Iman Ali in the same Voters' List. The respondents are also given the liberty to cross-examine Iman Ali son of Naimuddin Sk. as regards the evidence rendered that the petitioner is his sister and as also as regards the inheritance certificate which contains that both Iman Ali and Naiman Bibi among others are the legal heirs of Naimuddin Sk. of village Jhawkuti. If there is any document which shows that the petitioner had inherited property of Naimuddin Sk., the petitioner would be at liberty to produce the same before the court.

¶6After materials being produced, the Tribunal may pass a reasoned order.

¶7The petitioner to appear before the Tribunal on 08.06.2023.

¶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 GAHC010291792019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/9012/2019o NAIMANoBIBIo@oNAIMANoKHATUNo D/O-oLT.oNAIMUDDINoSK.,oW/O-oTOSORoALIo@oTOSAR,oVILL-oRAMRAIKUTIo PART-I,oP.O.oSATRASAL,oP.S.oAGOMONI,oDIST-oDHUBRI,oASSAM,oPIN-o783335 VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECY.oTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oNEWoDELHI-o110001 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-6 3:THEoDY.oCOMMISSIONER oDHUBRI oPIN-o783301 4:THEoELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI-o110001 5:THEoSTATEoCOORDINATOR oNATIONALoREGISTERoOFoCITIZENS oASSAM oGHY-05 6:THEoSUPERINTENDENToOFoPOLICEo(B) oDHUBRI oDIST-oDHUBRI oPIN-o78330o Page No.# 2/3 Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN