Nazir Hussain v. The Union of India and 5 Ors

ORDER Date : 08.05.2023 (AM Bujor Barua, J)

Heard Mr. AT Sarkar, learned counsel for the petitioner. Also heard Ms. L Devi, learned counsel for the respondents no. 1 and 4 being the authorities under the Union of India and NRC respectively, Mr. AI Ali, learned counsel for the respondent no. 2 being the authorities under the Election Commission of India, Mr. G Sarma, learned counsel for the respondents no. 3 and 6 being the authorities under the Home Department of Government of Assam, and Ms. U Das, learned counsel for the respondent no. 5 being the Deputy Commissioner, Dhubri.

¶2The petitioner Nazir Hussain had been referred to the Foreigners' Tribunal Page No.# 3/4 No. 4, Dhubri 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 Case No. F.T.-4/117/GPR/2018. The Tribunal rendered an opinion dated 24.10.2019 declaring the petitioner to be a foreigner.

¶3Being aggrieved, this writ petition is instituted.

¶4In the writ proceeding the petitioner relies on the voters' list of 1966 of village Matiabag containing the name of Foza Sk, S/O Juru Sk at Sl. No. 02 and that of Giasuddin Sk, S/O Foze Sk. at Sl. No. 04. It is claimed that Giasuddin Sk is the father of the petitioner. The petitioner also relies on the voters' list of 1985 of village Matiabag containing the name of Giasuddin, S/O Foze Sk. at Sl. No. 133 and that of Nur Nehar Bibi, W/O Giasuddin at Sl. No. 134 and also the voters' list of 1997 of village Matiabag which contains the name of Nur Nehr Bibi, W/O Gias at Sl. No. 1268 and that of Nazir Hussain, S/O Gias at Sl. No. 1270. Accordingly, the petitioner claims that he has discharged the burden under Section 9 of the Foreigners' Act, 1946.

¶5In view of the above, the matter is remanded back to the Tribunal to examine the voters' lists of 1966, 1985 and 1997 of village Matiabag and pass a reasoned order as to whether the petitioner Nazir Hussain through Nur Nehr Bibi of the 1997 voters' list has established that he is the son of Giasuddin of the 1985 voters' list who again is the son of Foze Sk of 1966 voters' list of the same village and thereafter, the respondents in the Home Department to make their own verification on the authenticity of the said information and also as to whether Nazir Hussain of the voters' list of 1997 of village Matiabag and the petitioner Nazir Hussain are one and the same person. The petitioner may produce any further material if so advised. Page No.# 4/4

¶7The petitioner to appear before the Tribunal on 16.06.2023.

¶8If the reasoned order is in favour of the petitioner, the same shall prevail over the opinion dated 24.10.2019 passed in Case No. F.T.-4/117/GPR/2018 and if against, consequence under the law is applicable to the petitioner.

¶9Till the reasoned order is passed, no coercive action be taken against the petitioner.

Send back the LCR. Writ petition stands disposed of in the above terms.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010302902019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/9569/2019o NAZIRoHUSSAINo S/O-oLATEoGIASUDDINoALI,oVILL-oMATIABAG,oP.S-oGAURIPUR,oDIST-o DHUBRI,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVToOFoINDIA,oMINoOFoHOMEo AFFAIRS,oSHASTRIoBHAWAN,oTRILOKoMARG,oNEWoDELHI-o110001 2:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSIONER oNEWoDELHI-o110001 3:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM oHOMEoDEPTT oDISPUR oGUWAHATI-o781006 4:THEoSTATEoCOORDINATOR oNRC oASSAM o1SToFLOOR oACHYUToPLAZA oGoSoROAD oBHANGAGARH oGUWAHATI oASSAMoPIN-o781005 5:THEoDEPUTYoCOMMISSIONER Page No.# 2/4 OF DHUBRI DIST- DHUBRI P.O P.S AND DIST- DHUBRI ASSAM PIN- 783301 6:THE SUPERINTENDENT OF POLICE DHUBRI DISTRICT DHUBRI P.O AND P.S- DHUBRI DIST- DHUBRI ASSAM PIN- 78330 Advocate for the Petitioner : MR. A T SARKAR Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN