Arfan Ali v. The Union of India and 4 Ors

ORDER

18.05.2023 (AM Bujor Barua, J)

Heard Mr. M Islam, 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 and Ms. A Verma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam, the Superintendent of Police (B) Bongaigaon as well as the Officer-in-Charge, Jogighopa Police Station and Mr. PK Medhi, learned counsel for the Deputy Commissioner, Bongaigaon.

¶2The petitioner, namely, Arfan Ali was referred to the Foreigners Tribunal Bongaigaon No.2 Abhayapuri for rendering an opinion as to whether he is a person who had entered the State of Assam on or after 25.03.1971 resulting in the registration of Case No.BNGN/FT/3620/08 corresponding to Ref: BNGN FT Case No.191/08 wherein an opinion dated 03.08.2017 was rendered declaring the petitioner to be a person who had entered the State of Assam from the Page No.# 3/5 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 1966 of village Chatala Non K P.S. Baghbor which contains the name of Ala Box son of Asrab Ali at Sl.No.52 and that of Ujala Khatun wife of Ala Box at Sl.No.53 where both of them are shown to be residing in the same House No.21. The petitioner claims that Ala Box of the 1966 voters list of village Chatala Non K is his father. To substantiate the same, the petitioner relies upon the deposition of DW-2 Sorman Ali Talukdar son of Late Abdul Karim of village Chatala who is also the Gaonburah of the concerned village as on 26.04.2015. DW-2 Sorman Ali Talukdar in his deposition stated that the name of the father of the petitioner is Ala Box and the house of the petitioner is at village Chatala Non K and further that he personally knows the opposite party and also that the petitioner Arfan Ali was born in the Chatala village. As DW-2 had rendered evidence on his claim that he personally knows the petitioner, there is also a requirement for the respondents in the Home Department of the Government of Assam to cross examine the DW-2 to extract the veracity of the statement that he personally knows the petitioner so as to make his deposition on the basis of personal knowledge.

¶5For the purpose, the matter stands remanded back to the Tribunal so as to enable the Tribunal to cross examine the DW-2 Sorman Ali Talukdar, particularly on the statement that he personally knows the petitioner. In doing so, the DW-2 Page No.# 4/5 to also state the circumstances under which he personally happens to know the petitioner.

¶6The respondents in the Home Department may also make their own verification on the aforesaid aspect and submit a report before the Tribunal, if so advised.

¶7Accordingly, the petitioner shall appear before the Tribunal on 30.06.2023.

¶8The petitioner may also produce any further material/document to establish his case, if so advised.

¶9The 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

03.08.2017 of the Foreigners Tribunal Bongaigaon No.2 Abhayapuri in Case No.BNGN/FT/3620/08 corresponding to Ref: BNGN FT Case No.191/08 and if it is against the petitioner, consequential action under the law shall follow.

¶10Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶11Writ petition stands disposed of in the above terms.

Page No.# 5/5

¶12Send back the LCR.

¶13A copy of this order be furnished to Ms. A Verma, learned counsel for the Home Department Government of Assam for doing the needful.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010042082017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5992/2017o ARFANoALIo S/O.oLT.oALAoBOX,oR/OoVILL.oKOREYAoPATHER,oP.S.oJOGIGHOPA,oDIST.o BONGAIGAON,oASSAM. VERSUSo THEoUNIONoOFoINDIAoando4oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oDEPTT.oOFoHOMEo AFFAIRS,oNEWoDELHI-110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oandoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGUWAHATI-6. 3:THEoDEPUTYoCOMMISSIONER oBONGAIGAON oP.O.oandoDIST.oBONGAIGAON oASSAM oPIN.-783380. 4:THEoSUPERINTENDENToOFoPOLICEoB oBONGAIGAON oP.O.oANDoDISTRICT-oBONGAIGAON oASSAM oPIN-783380. 5:THEoOFFICER-IN-CHARGE oJOGIGHOPAoPOLICEoSTATION Page No.# 2/5 DIST. BONGAIGAON ASSAM PIN-783382 Advocate for the Petitioner : MS. M BARMAN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN