Jayan Uddin @ Jayaluddin v. The Union of India and 6 Ors

ORDER

07.08.2023 [Achintya Malla Bujor Barua, J.] Heard Ms. D. Ghosh, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned counsel appearing for the respondent Nos.1 and 4; Mr. G. Sarma, learned special counsel, FT, appearing for respondent Nos.2, 6 and 7; Mr. T. Pegu, learned standing counsel, ECI, for respondent No.3 and Mr. P. Sarma, learned Government Advocate, appearing for respondent No.5. Page No.# 3/4

¶2The petitioner Jayan Uddin @ Jayaluddin had been referred to the Foreigners' Tribunal 8th, Goalpara, Assam for rendering an opinion as to whether he is a foreigner under the Foreigners Act, 1946 resulting in registration of F.T.(8) Case No.879/2018. The Tribunal rendered an opinion dated 17.11.2021 declaring the petitioner to be a foreigner. Being aggrieved this writ petition is instituted.

¶3In the writ proceeding reliance is placed on the voters list of 1966 of village Moukhuwa Char in the Barpeta district, which contains the names of Rahimuddin S/o Khowaj at Sl.No.536 and that of Jayna Khatun W/o Rahimuddin at Sl.No.537. It is claimed that Rahimuddin of the 1966 voters list is the father of the petitioner. To substantiate the same evidence had been rendered by Abdul Jalil S/o Khowaj of Moukhuwa village as DW-2 wherein he had rendered evidence that the petitioner Jayan Uddin is the son of Rahimuddin of the 1966 voters list. To establish as to whether Abdul Jalil satisfies the requirement of Section 50 of the Indian Evidence Act, reliance is placed on the voters list of 1985 of village Moukhuwa Char, which contains the names of Rahim Uddin S/o Khowaj at Sl. No.344 and that of Abdul Jalil S/o Khowaj at Sl.No.355 and also that of Jayan Uddin S/o Rahim at Sl.No.347. The voters list of 1966 to establish the relationship between Rahimuddin and Abdul Jalil inasmuch as both are sons of Khowaj and on such point of view the evidence rendered by Abdul Jalil as DW-2 may satisfy the requirement of Section 50 of the Indian Evidence Act that Abdul Jalil may have the special means of knowledge about the relationship between Rahimuddin and that of the petitioner Jayan Uddin.

¶4In view of above, the matter is remanded back to the Tribunal to examine the voters lists of 1966 and 1985 and also the in between voters lists of village Moukhowa Char as well as the evidence rendered by Abdul Jalil as DW-2. The respondents in the Home Department may further cross-examine Abdul Jalil as well as make their own verification as to whether Jayan Uddin of the 1985 voters list of village Moukhuwa Char and Jayan Uddin, the writ petitioner are one and the same person and submit a report before the Tribunal. It is stated that Abdul Jalil would be presently Page No.# 4/4 aged about more than 80 years and so it may be difficult for him to proceed to the Foreigners Tribunal 8th at Goalpara. If it is so and the respondents in the Home Department intends to further cross-examine Abdul Jalil, they may do the same by making a requisition to have the cross-examination done on commission before any appropriate forum in the Barpeta district. Upon doing the needful a reasoned order be passed. In the event, the reasoned order is passed in favour of the petitioner, the same shall prevail over the earlier opinion dated 17.11.2021 and if it is against the petitioner, consequential action shall follow.

¶5The petitioner shall accordingly appear before the Tribunal on 01.09.2023. Till the reasoned order is passed, no coercive action shall be taken against the petitioner.

¶6Send back the LCR immediately.

¶7Writ petition stands disposed of in the above terms.

Comparing Assistant Sd/- Robin Phukan JUDGE

Sd/- Achintya Malla Bujor Barua JUDGE

PageoNo.#o1/4 GAHC010244222022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7811/2022o JAYANoUDDINo@oJAYALUDDINo S/OoLATEoRAHUMUDDIN,oR/OoVILL-126oNO.oUZIRARoCHAR,oP.S.- PANCHARATNA,oDIST-oGOALPARA,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,o GOVERNMENToOFoINDIA,oSHASTRIoBHAWAN,oNEWoDELHI-110001 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-781006 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREPRESENTEDoBYoTHEoCHIEFoELECTIONoCOMMISSION oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-110001 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTRATIONoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oG.S.oROAD oBHANGAGARH oGUWAHATI oASSAM oPIN-781005 Page No.# 2/4 5:THE DEPUTY COMMISSIONER GOALPARA P.O.-BALADMARI DIST-GOALPARA ASSAM PIN-783121 6:THE SUPERINTENDENT OF POLICE (BORDER) GOALPARA DIST-GOALPARA ASSAM PIN-7831211 7:THE OFFICER-IN-CHARGE OF PANCHARATNA POLICE STATION P.O.-PANCHARATNA DIST-GOALPARA ASSAM PIN-78310 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : DY.S.G.I. BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON'BLE MR. JUSTICE ROBIN PHUKAN