Jabeda Khatun @ Zabeda v. The Union of India and 5 Ors

ORDER

05.09.2024 [K.R. Surana, J]

Heard Mr. A.W. Rahman, learned for the applicant. Also heard Ms. B. Sarma, learned CGC; Mr. J. Payeng, learned Standing Counsel, Foreigners' Tribunal; Ms. P. Baruah, learned Standing Counsel, ECI and Mr. R. Talukdar, learned Govt. Advocate.

¶2By filing this Interlocutory Application, the applicant, who is the petitioner in the connected writ petition i.e. WP(C) No.2058/2024, has prayed for releasing the applicant who is detained in the Transit Camp at Matia, Goalpara, on being declared as a foreigner of post 25.03.1971 stream by the Foreigner's Tribunal No.-5th, Darrang, Mangaldai in FT (V) Case No. 1992/2016 arising out SP Page No.# 3/4 Enquiry No.10514/98 by its opinion dated 25.2023.

¶3The learned counsel for the applicant has submitted in defence of the applicant that along with the evidence of affidavit the applicant and D.W. 2 had exhibited as many as 19 documents which were marked as Exhibit-1 to 19. However, while rendering the opinion impugned in the connected writ petition, the learned Tribunal had only discussed about Exhibit - 1, 2, 3 & 7 and other relevant exhibits were not discussed which was prejudiced the applicant.

¶4Per contra, Mr. J. Payeng, learned Standing Counsel, F.T. has supported the opinion impugned in the connected writ petition and submits that in so far as the name of the father of the petitioner is concerned, his name was Amir Sk. and in the documents which are of 1971 and earlier, there name has been recorded as Amir Ali. Accordingly, the applicant is seeking a linkage to Amir Ali projecting him to be the father and thereafter, a defence is taken that Amir Ali and Amir Sk. are same person which could not be established and therefore, Mr. J. Payeng has justified that that learned Tribunal has correctly held that the applicant Jabeda Khatun @ Zabeda has failed to establish her linkage with Amir Sk. as a daughter.

¶5Be that as it may, as we find the learned Foreigner's Tribunal has not discussed all the exhibited documents, the Court is inclined to allow this application. Accordingly, a certified copy of this order be produced before the In-charge/respective Authority of the Tansit Camp, Matia, Goalpara within a period of 2 (two) days from the date of receipt of a certified copy of this order and thereafter, the designated Authority shall produce the applicant Jabeda Khatun @ Zabeda before the Superintendent of Police (B), Darrang. Thereafter, the Superintendent of Police (B), Darrang shall not deport the applicant/petitioner, namely, Jabeda Khatun @ Zabeda from the territory of Page No.# 4/4 India on condition that she shall furnish a bail bond of Rs. 5,000/- with one local surety of the like amount to the satisfaction of the said authority. Further, the Superintendent of Police (Border), Darrang, is directed that on appearance of the applicant/petitioner, the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the applicant/petitioner shall be obtained, where after, she shall be allowed to remain on bail. On her appearance before the Superintendent of Police (Border), Darrang, as directed above, the said authority shall obtain necessary information and documentation as required under the Rules from the applicant/petitioner for securing her presence.

¶6With the above observations and directions, the Interlocutory Application stands disposed of.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010140342024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2136/2024o JABEDAoKHATUNo@oZABEDAo WIFEoOF-oJAHARoALI,o DAUGHTERoOFoLATEoAMIRoSHEIKHo@oAMIRoALIoANDoSAMSUNoNESSA,o PERMANENToRESIDENToOFoVILLAGE-oNO.o4oSIALMARIoKHUTI,o PS-oDALGAON,oDIST-oDARRANG,oASSAM. VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoINDIA,o MINISTRYoOFoHOMEoAFFAIRS,oNEWoDELHI.oPIN-o110001. 2:THEoELECTIONoCOMMISSIONoOFoINDIA oREPRESENTEDoBYoTHEoCHIEFoELECTIONoCOMMISSIONER o NEWoDELHI-o110001. 3:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM o HOMEoDEPARTMENT oDISPUR o GUWAHATI-o781006. 4:THEoDEPUTYoCOMMISSIONER oDARRANG oMANGALDAI oPINoCODE-o784125. 5:THEoSUPERINTENDENToOFoPOLICEo(B) Page No.# 2/4 DARRANG PIN CODE- 784125 ASSAM. 6:THE COORDINATOR NATIONAL REGISTER OF CITIZENS 1ST FLOOR ACHYUT PLAZA G.S. ROAD BHANGAGARH GUWAHATI- 4 Advocate for the Petitioner : MR A W AMAN, MR SARFRAZ NAWAZ,MR S A BARBHUYAN,MR. D K AGARWALA,SAMIM RAHMAN Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, F.T,SC, ECI BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE SOUMITRA SAIKIA