Nur Bhanu v. The Union of India and 5 Ors

ORDER Date : 27.06.2023 (AM Bujor Barua, J)

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

¶2The petitioner Nur Bhanu had been referred to the Foreigners' Tribunal No. 1, Barpeta for rendering an opinion as to whether she is a foreigner within the meaning of Foreigners Act, 1946, resulting in registration of F.T. Case No. 86/2018. The Tribunal rendered an opinion dated 03.10.2019 declaring the petitioner to be a foreigner.

¶3Being aggrieved, this writ petition is instituted. Page No.# 3/4

¶4In the writ proceeding the petitioner relies upon the voters' list of 1966 of village Pathlikuchi Mouza Jania in the present Barpeta district which contains the names Eyar Uddin S/O Maichan at Sl. No. 250 and that of Tahiran Nessa W/O Eyar Uddin at Sl. No. 252. It is stated that Eyar Uddin is the father and Tahiran Nessa is the mother of the petitioner where both are residing in the same house no. 158 (K). Further reference is made to the voters' list of 1997 of village Patlikuchi which contains the names of Hasmat Ali at Sl. No. 494 and that of Tahiran Bidhaba W/O Eyar Uddin at Sl. No. 497.

¶5It is claimed that Hasmat Ali is the brother of the petitioner and Tahiran Bidhaba after the death of her husband as she is known at present is the mother of the petitioner.

¶6Hasmat Ali has rendered evidence before the Tribunal as DW.2 stating that the petitioner Nur Bhanu is the daughter of Eyar Uddin as well as his sister.

¶7In view of the above, the matter stands remanded back to the Tribunal to examine the voters' lists from the year 1966 upto 1997 in respect of village Patlikuchi and the petitioner to produce the complete voters' lists of all the intervening period between 1966 and 1997 for examination of the Tribunal. The respondents in the Home Department of the Government of Assam to examine the DW.2 to extract the veracity of the evidence rendered that the petitioner Nur Bhanu is the daughter of Eyar Uddin of Patlikuchi village. The respondents in the Home Department to also make their own enquiry and verification and thereafter, submit a report before the Tribunal. Upon doing the needful, a reasoned order be passed by the Tribunal.

¶8The petitioner to appear before the Tribunal on 03.08.2023.

¶9If the order of the Tribunal is in favour of the petitioner, the same shall Page No.# 4/4 prevail over the opinion dated 03.10.2019 passed in F.T. Case No. 86/2018 and if against, consequence under the law is applicable to the petitioner.

¶10Till 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 GAHC010116132020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3416/2020o NURoBHANUo W/O-oLT.oMAHURUDDIN,oD/O-oLT.oEYARUDDIN,oR/O-oVILL-oPATLIKUCHI,o P.S.oANDoDIST.-oBARPETA,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECY.oTOoMINISTRYoOFoHOMEoAFFAIRS,oTHEoGOVT.oOFo INDIA,oNEWoDELHI-1 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoHOMEoDEPTT. oDISPUR oGHY-6 3:THEoDY.oCOMMISSIONER oBARPETA oP.O.oANDoDIST.-oBARPETA oASSAM oPIN-o781301 4:THEoSUPERINTENDENToOFoPOLICEo(B) oBARPETA oP.O. oP.S.oANDoDIST.-oBARPETA oASSAM oPIN-o781301 5:THEoELECTIONoCOMMISSIONERoOFoINDIA oNEWoDELHI-1 6:THEoSTATEoCO-ORDINATE Page No.# 2/4 OF NATIONAL REGISTRATION OF CITIZEN (NRC) ASSAM GHY- Advocate for the Petitioner : MR. A R SIKDAR Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND