Anowara Begum v. The Union of India and 5 Ors

ORDER

25.08.2023 (A.M. Bujor Barua, J)

Heard Md. I. Hussain, learned counsel for the petitioner. Also heard Ms. L. Devi, learned Central Government Counsel as well as Standing Counsel, NRC, for the respondent Nos. 1 & 4; Mr. G. Sarma, learned Standing Counsel, Foreigners Tribunal, for respondent Nos. 2 & 6; Mr. T. Pegu, learned Standing Counsel, Election Commission of India, for respondent No. 3. Mr. P. Sharma, learned Government Advocate, Assam, for respondent No. 5.

¶2The petitioner, namely, Anowara Begum, has been referred to the Foreigners' Tribunal No. (1st), Sonitpur, Assam, for rendering an opinion as to whether she is a foreigner under the Foreigners' Act, 1946, resulting in registration of F.T.(D) Case No. 4816/2012. The Tribunal rendered an opinion dated 19.01.2023 declaring the petitioner to be a foreigner. Being aggrieved this Writ Petition is instituted.

¶3In the writ proceeding, the petitioner relies upon the Voters List of the year 1965 of village Bhurabanda (2nd Part), Police Station Rupahihat, in the Nagaon District, which contains the name of Isabali, son of Ibrahim at Sl. No. 177 and his age is shown to be 30 years. It is claimed that Yusuf Ali is the father of the petitioner. Yusuf Ali rendered evidence before the Tribunal as DW-2 stating that the writ petitioner-Anowara Begum is his daughter. Accordingly, the petitioner claims that the burden under Section 9 had been discharged inasmuch as the evidence of DW-2 shows that she is the daughter of Yusuf Ali of Village Page No.# 4/5 Bhurbanddha, whereas the name of Isabali appears in the Voters List of 1965 of village Bhurabanda.

¶4It is noticed that the DW-2 had not been appropriately cross-examined by the respondents in the Home Department nor any effort had been made to verify as to whether DW-2, Yusuf Ali, and Isabali of the Voters List of 1965 are one and the same person. For the purpose, we remand the matter back to the Tribunal.

¶5It is stated that the DW-2, Yusuf Ali, was 92 years old in August, 2022 when he rendered the evidence and today he is apparently 93 years old.

¶6Considering the age of Yusuf Ali, we deem that his cross-examination should be done at the earliest.

¶7Accordingly, the LCR be forthwith sent back to the Tribunal. Both the petitioner and the DW-2, Yusuf Ali, shall appear before the Tribunal on

31.08.2023. Upon his appearance, the Home Department may cross-examine the DW-2, Yusuf Ali, in any manner as may be advised on 31.08.2023 itself.

¶8Even if the LCR do not reach the Tribunal, the Tribunal is requested to allow the cross-examination to take place and the supplementary record be open for the purpose.

¶9The petitioner may produce any other relevant material it may desire before the Tribunal and the Home Department may also make their own verification and submit any further material as may be required. The Home Department to also verify as to whether the Isabali of the 1965 Voters List and DW-2, Yusuf Ali, are one and the same person. The petitioner to also produce the continuous and complete Voters List of village Bhurbandha from the year 1965 to 1999. Page No.# 5/5

¶10Upon doing the needful, the Tribunal to pass a reasoned order. In the event, the reasoned order is in favour of the petitioner, the same would prevail over the order dated 19.01.2023, passed in F.T.(D) Case No. 4816/2012 and if it is against him, consequences under the law may follow.

¶11Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶12The writ petition stands allowed as indicated above.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010100352023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2778/2023o ANOWARAoBEGUMo D/O-oMDoYUSUFoALIo@oISABoALIo W/O-oHANIFoALI,o R/O-oBHOJKHOWAoCHAPORI,o P.S.-oTEZPUR,o DISTRICT-oSONITPUR,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o THROUGH-o THEoSECRETARY,o TOoTHEoGOVERNMENToOFoINDIA,o MINISTRYoOFoHOMEoAFFAIRS,o GRIHAoMANTRALAYA,oNEWoDELHI. 2:THEoSTATEoOFoASSAM oTHROUGH-o THEoSECRETARY o TOoTHEoGOVERNMENToOFoASSAM o HOMEoDEPARTMENT o DISPUR oGUWAHATI-6. 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREPRESENTEDoBYoTHEoCHIEFoELECTIONoCOMMISSIONERoOFoINDIA o NIRVACHANoSADANoASHOKAoROAD o Page No.# 2/5 NEW DELHI- 110001. 4:THE STATE CO-ORDINATOR NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GUWAHATI- 781005. 5:THE DEPUTY COMMISSIONER SONITPUR P.O.- TEZPUR DISTRICT- SONITPUR ASSAM PIN- 784001. 6:THE SUPERINTENDENT OF POLICE (BORDER) SONITPUR P.O.- TEZPUR DISTRICT- SONITPUR ASSAM PIN- 784001 Advocate for the Petitioner : MD. I HUSSAIN Advocate for the Respondent : DY.S.G.I. Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MRS. JUSTICE MITALI THAKURIA