Aimona Khatun v. The Union of India and 5 Ors

PageoNo.#o1/3 GAHC010028882020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/894/2020o AIMONAoKHATUNo D/O-oLATEoINTAZoALI,oW/O-oKITABoALI,oR/O-oVILL-oSUNDARPARAoPART-II,o P.S-oFAKIRGANJo(EARLIERoSOUTHoSALMARA),oDIST-oDHUBRI,oASSAM,o PRESENToADDRESSoVILL-oEKLASALBARI,oP.S-oLAKHIPUR,oDIST-o GOALPARA,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REP.oBYoTHEoSECRETARYoTOoTHEoMINoOFoHOMEoAFFAIRS,oGOVToOFo INDIA,oSHASTRIoBHAWAN,oTILOKoMARG,oNEWoDELHI-o01 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoHOMEoDEPTT oDISPUR oGUWAHATI-o06 3:THEoDEPUTYoCOMMISSIONER oDHUBRI oASSAM oPIN-o781301 4:THEoSUPERINTENDENToOFoPOLICEo(B) oDHUBRI oASSAM oPIN-o781301 5:THEoELECTIONoCOMMISSIONERoOFoINDIA oNEWoDELHI-o01 6:THEoSTATEoCOORDINATOR oNRC Page No.# 2/3 ASSAM BHANGAGARH GUWAHATI-0 Advocate for the Petitioner : MR. A R SIKDAR Advocate for the Respondent : ASSTT.S.G.I.

BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON'BLE MR. JUSTICE NELSON SAILO O R D E R

07.06.2023 (A.M. Bujor Barua, J)

Heard Mr. AR Sikdar, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC appearing on behalf of respondents in the Union of India as well as for the authorities in the NRC, Mr. G Sarma, learned counsel for the State respondents in the Home Department of Government of Assam, Mr. AI Ali, learned counsel for the Election Commission of India and Ms. U Das, learned counsel for the Deputy Commissioner, Dhubri.

¶2The petitioner Aimona Khatun had been referred to the Foreigners Tribunal No. 10, 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 Case No. FT-10/FKJ/884/2018, wherein an opinion dated 06.08.2019 was given that the petitioner is a foreigner. Being aggrieved, this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies on the voters list of 1966 of village Balatari, which contains the name of Intaz Ali Sk son of Tomez at serial No. 219 and that of Ali Hussen Sk son of Intaz at serial No. 220 and both of them are shown to be residing in the same house No. 102. The names of Intaz Page No.# 3/3 Ali Sk and Ali Hussen also appear in the voters list of 1970 of village Balatari. In the voters list of 1979, the names of Ali Hussen son of Intach Ali and Hikmot Ali son of Intach Ali appear at serial No. 185 and 186 respectively where both of them are shown to be residing in the same House No. 58.

¶4Hikmat Ali of the 1979 voters list had rendered evidence before the Tribunal as DW-2 stating that the petitioner Aimona Khatun is his sister as well as daughter of Intaz Ali of the 1966 and 1970 voters list of village Balatari.

¶5In view of the above, we remand the matter back to the Tribunal to examine the voters list of 1966, 1970 and 1979 of village Balatari as well as the evidence rendered by DW-2 Hikmat Ali. The respondents in the Home Department may also make their own verification as to whether and thereafter submit a report before the Tribunal. Upon doing the needful, the Tribunal shall pass a reasoned order thereon.

¶6If the reasoned order is in favour of the petitioner, the same shall prevail over the earlier opinion dated 06.08.2019 and if it goes against the petitioner, consequence as per law shall follow.

¶7The petitioner shall appear before the concerned Foreigners Tribunal on

13.07.2023. Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶8The writ petition is allowed as indicated above.

¶9Send back the LCR immediately.

JUDGE JUDGE Comparing Assistant