Md Miraj Ali v. The Union of India and 5 Ors

PageoNo.#o1/3 GAHC010267002022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8402/2022o MDoMIRAJoALIo S/OoLATEoAFIRoUDDIN,oR/OoVILL-oGOTONGA,oP.S.-SAMAGURI,oP.O.- RONGAGARA,oDIST-oNAGAONo(ASSAM),oPIN-782140 VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo NOTICEoTHROUGHoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYo OFoHOMEoAFFAIRS,oSHASTRIoBHAWAN,oTILOKoMARG,oNEWoDELHI-1 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoDEPUTYoCOMMISSIONER oNAGAON oAToNAGAON 4:THEoSUPERINTENDENToOFoPOLICEo(BORDER) oSIVASAGARoDISTRICT oASSAM 5:THEoELECTIONoCOMMISSIONoOFoINDIA oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-110001 6:THEoSTATEoCO-ORDINATOR oNATIONALoREGISTERoOFoCITIZENS oACHYUToPLAZA oG.S.oROAD Page No.# 2/3 BHANGAGARH GUWAHATI-Advocate for the Petitioner : MR. U K DAS Advocate for the Respondent : DY.S.G.I.

BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON'BLE MR. JUSTICE ROBIN PHUKAN O R D E R

17.07.2023 (A.M. Bujor Barua, J)

Heard Mr. UK Das, learned counsel for the petitioner. Also heard Mr. AK Dutta, learned CGC appearing on behalf of respondents in the Union of India, Ms. L Devi learned counsel for the authorities in the NRC, Mr. G Sarma, learned counsel for the State respondents in the Home Department of Government of Assam, Mr. T Pegu, learned counsel for the Election Commission of India and Ms. U Das, learned counsel for the Deputy Commissioner, Sivasagar.

¶2The petitioner Md. Miraj Ali had been referred to the Foreigners Tribunal, Jorhat for rendering an opinion as to whether he is a foreigner within the meaning of foreigner under the Foreigners Act, 1946, resulting in registration of Case No. FT/SVR/168/2011, wherein an opinion dated 22.09.2022 was rendered 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 1965 of village Gatanga in the Nagaon district, which contains the name of A Jabar son of A Barik at serial No. 278 and it is claimed that A Jabar is the grandfather of the petitioner. Reliance is also placed on the voters list of 1989 of village Gatanga containing the name of Md. Afir Uddin son of A Jabbar and it is claimed that Md. Afir Uddin is the father of the petitioner. Reliance is also placed on the Page No.# 3/3 voters list of 2005 also of village Gatanga, which contains the name of Miraj Ali son of Afiruddin at serial No. 359.

¶4It is claimed that as the voters list of 2005 shows Miraj Ali to be son of Afiruddin, the voters list of 1989 shows Afiruddin to be son of A Jabbar all of village Gatanga, therefore, the petitioner had discharged the burden under section 9 of the Foreigners Act, 1946 to prove that he is not a foreigner.

¶5In view of the above, we remand the matter back to the Tribunal to examine the voters list of 1965, 1989 and 2005 of village Gatanga and thereafter pass a reasoned order thereon. The petitioner shall produce the complete voters list of village Gatanga of the years 1965, 1989 and 2005 before the Tribunal for its examination. The respondents in the Home Department may make their own verification and submit a report before the Tribunal. Upon doing the needful, the Tribunal shall pass a reasoned order thereon.

¶6If the reasoned order is in favour of the petitioner, the same shall prevail over the earlier opinion dated 22.09.2022 and if it goes against the petitioner, consequence as per law shall follow.

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

10.08.2023. Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶8The writ petition is allowed as indicated above.

¶9Send back the LCR immediately.

JUDGE JUDGE Comparing Assistant