Jalimuddin and 6 Ors v. The Union of India and 7 Ors

ORDER Date : 11.08.2023 (AM Bujor Barua, J)

Heard Mr. KM Hassan, learned counsel for the petitioners. Also heard Ms. L Devi, learned counsel for the respondents no. 1 and 5 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 Page No.# 4/5 India, Mr. G Sarma, learned counsel for the respondents no. 3, 4, 7 and 8 being the authorities under the Home Department of Government of Assam, and Mr. P Sarma, learned Additional Senior Government Advocate for the respondent no. 6 being the Deputy Commissioner, Morigaon.

¶2It is noticed that Case No. F.T.(C) 242/2016 (New Number) corresponding to F.T.(C) 1533/2012 (Old Number) before the Foreigners' Tribunal No. 5, Morigaon was proceeded against seven persons namely 1) Md. Jalimuddin S/O-Lt. Suraj Ali, 2) Musstt. Hazara Khatun (Wife), 3) Md. Haidar Ali, 4) Md. Wakin Ali, 5) Md. Jahirul, 6) Md. Imdadul and 7) Md. Anarul (Sons). We have also perused the verification report of the police authority which apparently was against Md. Jalimuddin S/O Lt. Suraj Ali of village Solmari P.S. Moirabari in the Morigaon district and the verification was only in respect of Md. Jalimuddin where Musstt Hazara Khatun is shown to the spouse and Md. Haidar Ali, Md. Wakin Ali, Md. Jahirul, Md. Imdadul and Md. Anarul to be the sons of Md. Jalimuddin. In the circumstance reference case was registered against all the seven as indicated.

¶3The verification report containing that Musstt. Hazara Khatun is the wife, Md. Haidar Ali, Md. Wakin Ali, Md. Jahirul, Md. Imdadul and Md. Anarul are the sons of Jalimuddin are only a recording in the verification report without any further assertion that in fact the aforesaid persons are the sons of Jalimuddin. If the recording in the verification would be incorrect that Md. Haidar Ali is the son of Jalimuddin, any declaration in respect of Jalimuddin, if declared to be foreigner would adversely affect Haidar Ali and if declared to be a citizen would give an undue benefits without actual determination.

¶4In the circumstance, it would be more advisable and prudent to register separate reference cases against all the aforesaid seven persons and give an Page No.# 5/5 opportunity to them to discharge the burden to prove that they are citizens individually and thereafter, pass separate orders in the separate seven reference cases that may be registered. Accordingly, the matter stands remanded back to the Tribunal to register seven separate reference cases based on the verification and the reference made by the police and upon issuing notice, to proceed against them as per law. The proceedees would be at liberty to rely upon any material that they may desire to rely upon to discharge the burden to prove that they are not foreigner.

¶5All the seven persons to appear before the Tribunal on 31.08.2023 and upon appearance, the Tribunal shall register seven separate cases and proceed against the proceedees as per law. In the event the petitioners do not appear before the Tribunal on the aforesaid date, the respondent authorities may proceed against them as per law.

¶6The order dated 30.01.2018 of the Foreigners' Tribunal No. 5, Morigaon is accordingly set aside.

¶7Till 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.#o1/5 GAHC010067402018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2142/2018o JALIMUDDINoANDo6oORSo S/O-oLATEoSURJAToALIo@oSURAJoALI,oR/O-oVILL-oSALMARI,oP.O-o MOIRABARI,oP.S-oMOIRABARI,oPIN-o782126,oDIST-oMORIGAON,oASSAM 2:oHAJERAoKHATUN oW/O-oMD.oJALIMUDDIN oD/O-oLATEoREJAToALI oR/O-oVILL-oSALMARI oP.O-oMOIRABARI oP.S-oMOIRABARI oPIN-o782126 oDIST-oMORIGAON oASSAM 3:oHAIDARoALI oS/O-oMD.oJALIMUDDIN oR/O-oVILL-oSALMARI oP.O-oMOIRABARI oP.S-oMOIRABARI oPIN-o782126 oDIST-oMORIGAON oASSAM 4:oWAKIDULoALIo@oWAKIMoALI oS/O-oMD.oJALIMUDDIN oR/O-oVILL-oSALMARI oP.O-oMOIRABARI oP.S-oMOIRABARI oPIN-o782126 oDIST-oMORIGAON oASSAM 5:oJAHIRULoISLAM oS/O-oMD.oJALIMUDDIN PageoNo.#o2/5 oR/O-oVILL-oSALMARI oP.O-oMOIRABARI oP.S-oMOIRABARI oPIN-o782126 oDIST-oMORIGAON oASSAM 6:oIMDADULoISLAM oS/O-oMD.oJALIMUDDIN oR/O-oVILL-oSALMARI oP.O-oMOIRABARI oP.S-oMOIRABARI oPIN-o782126 oDIST-oMORIGAON oASSAM 7:oANARUL oS/O-oMD.oJALIMUDDIN oR/O-oVILL-oSALMARI oP.O-oMOIRABARI oP.S-oMOIRABARI oPIN-o782126 oDIST-oMORIGAON oASSAo VERSUSo THEoUNIONoOFoINDIAoANDo7oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVToOFoINDIA,oMINoOFoHOMEo AFFAIRS,oNEWoDELHI 2:THEoCHIEFoELECTIONoCOMMISSIONER oELECTIONoCOMMISSIONoOFoINDIA oASHOKAoROAD oNEWoDELHI-o110001 3:THEoSTATEoOFoASSAM oREP.oBYoITSoSECRETARY oGOVToOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 4:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI-o07 Page No.# 3/5 5:THE STATE COORDINATOR OFFICE OF THE STATE COORDINATOR OF NRC ASSAM 1ST FLOOR ACHYUT PLAZA G S ROAD BHANGAGARH GUWAHATI- 781005 6:THE DEPUTY COMMISSIONER MORIGAON DIST- MORIGAON ASSAM 7:THE SUPERINTENDENT OF POLICE (B) MORIGAON DIST- MORIGAON ASSAM 8:THE OFFICER-IN-CHARGE MOIRABARI POLICE STATION MORIGAON DIST- MORIGAON ASSA Advocate for the Petitioner : MR. K LAHKAR Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN