Habija Khatun @ Hafija Khatun v. The Union of India and 5 Ors

PageoNo.#o1/4 GAHC010168922020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4978/2020o HABIJAoKHATUNo@oHAFIJAoKHATUNo D/O.oLT.oIBRAHIMoALIo@oIBRAHIMoSHEIKH,oW/O.oMUSLEMoUDDINo@o MUSLEMoALI,oVILL.oRAYPUR,oP.S.BORBHOG,oDIST.oBARPETA,oASSAM. VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REP.oBYoTHEoSECRETARYoTOoTHEoMINISTRYoOFoHOMEoAFFAIRS,oTHEo GOVT.oOFoINDIA,oMINISTRYoOFoHOMEoAFFAIRS,oSHASTRIoBHAWAN,oTILOK MARG,oNEWoDELHI-01. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoHOMEoDEPTT. oDISPUR oGUWAHATI-06. 3:THEoDY.oCOMMISSIONERoBARPETA oP.O.oANDoDIST.oBARPETA oASSAM oPIN-781301. 4:THEoSUPDT.oOFoPOLICEo(BORDER) oBARPETA oP.S.oANDoDIST.oBARPETA oASSAM oPIN-781301. 5:THEoELECTIONoCOMMISSIONERoOFoINDIA Page No.# 2/4 THROUGH ITS SECRETARY NIRBACHAN BHAWAN NEW DELHI-01. 6:THE STATE CO-ORDINATE OF NATIONAL REGISTRATION OF CITIZEN

(NRC) ASSAM BHANGAGARH GUWAHATI-05 Advocate for the Petitioner : MR N AHMED Advocate for the Respondent : ASSTT.S.G.I.

BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON'BLE MR. JUSTICE NELSON SAILO O R D E R

07.06.2023 (A.M. Bujor Barua, J)

Heard Mr. N Ahmed, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC appearing on behalf of respondents in the Union of India as well as for the authorities in the NRC, Mr. J Payeng, learned counsel for the State respondents in the Home Department of Government of Assam, Mr. AI Ali, learned counsel for the Election Commission of India and Ms. U Das, learned counsel for the Deputy Commissioner, Barpeta.

¶2The petitioner Habija Khatun @ Hafija Khatun had been referred to the Foreigners Tribunal No. 8, Barpeta for rendering an opinion as to whether she is a person who entered the State of Assam from the specified territory on or after

25.03.1971 resulting in registration of F.T. Case No. 179/2018, wherein an opinion dated 30.04.2019 was given that the petitioner is a foreigner. Being Page No.# 3/4 aggrieved, this writ petition is instituted.

¶3In the writ proceeding, the petitioner relies on the voters list of 1965 of village Raypur in the Barpeta district, which contains the name of Ibrahim Ali son of Umed at serial No. 111. The name of Ibrahim Ali also appears in the voters list of 1970 along with his wife Chakina Khatun. Reliance is placed on the voters list of 1958 of village Raypur, which contains the name of Ibrahim Ali son of Umed Ali at serial No. 77 and that of Ismail Hussain son of Ibrahim at serial No. 80 and both of them are shown to be residing in the same House No. 34.

¶4Ismail Hussain had rendered evidence as DW-2 before the Tribunal deposing that the petitioner Hafija Khatun is his sister, who in fact is the daughter of Ibrahim Ali os the voters list of 1965 and 1958 of village Raypur.

¶5In view of the above, we remand the matter back to the Tribunal to examine the voters list of 1958 and 1965 of village Raypur and also to enable the Home Department to further cross-examine the DW-2 to extract the veracity of his evidence rendered that the petitioner Hafija Khatun is his sister and also daughter of Ibrahim Ali of the voters list of 1958 and 1965 of village Raypur. The respondents in the Home Department may also make their own verification and thereafter submit a report before the Tribunal. Upon doing the needful, the Tribunal shall pass a reasoned order thereon. The petitioner may be allowed to produce any further materials, if so advised.

¶6If the reasoned order is in favour of the petitioner, the same shall prevail over the earlier opinion dated 30.04.2019 and if it goes against the petitioner, consequence as per law shall follow.

¶7The petitioner shall appear before the concerned Foreigners Tribunal on

13.07.2023. Till the reasoned order is passed, no coercive action be taken Page No.# 4/4 against the petitioner.

¶8The writ petition is allowed as indicated above.

¶9Send back the LCR immediately.

JUDGE JUDGE Comparing Assistant