Gauhati High Court
Page No.# 1/ vs The State Of Assam And 63 Ors on 22 February, 2021
Page No.# 1/11
GAHC010286512018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/43/2019
ALL ASSAM IMAM COUNCIL (AAIC) AND ANR
REPRESENTED BY ITS SECY. MD. NEKBOR ALI, HAVING HEAD OFFICE AT
NOTBOMA, HATIGAON, GUWAHATI 38 NOW SHIFTED TO DHIRENPARA,
GUWAHATI 38
2: MD. NEKBOR ALI
S/O LATE ASER ALI
SECY. ALL ASSAM IMAM COUNCIL HEAD OFFICE AT NOTBOMA
HATIGAON
GUWAHATI 38
NOW SHIFTED TO DHIRENPARA
GUWAHATI
VERSUS
THE STATE OF ASSAM AND 63 ORS
REPRESENTED BY THE SECY. , REGISTRATION DEPTT., GOVT. OF ASSAM,
DISPUR, GHY-06
2:THE REGISTRAR OF FIRMS AND SOCIETIES
ASSAM
HOUSEFED COMPLEX
DISPUR
GUWAHATI 06
3:THE ASSTT. INSPECTOR GENERAL OF REGISTRATION
ASSAM
GUWAHATI-21
4:THE ALL ASSAM MUSLIM MARRIAGE AND DIVORCE REGISTRARS AND
KAZI ASSOCIATION
REPRESENTED BY ITS PRESIDENT
KAZI FAKRUDDIN KASEMI
HAVING ITS CENTRAL OFFICE AT NILGIRI PATH
Page No.# 2/11
HATIGAON
GUWAHATI 38
5:THE DEPUTY COMMISSIONER
CACHAR AT SILCHAR
ASSAM
PIN 788026
6:THE SUPERINTENDENT OF POLICE
CACHAR DIST.
SILCHAR
ASSAM
PIN 788026
7:THE DEPUTY COMMISSIONER
SONITPUR
DIST. SONITPUR
ASSAM
PIN
8:THE SUPERINTENDENT OF POLICE
SONITPUR
DIST. TEZPUR
ASSAM.
9:THE DEPUTY COMMISSIONER OF MORIGAON
DIST. MORIGAON
ASSAM.
10:THE SUPERINTENDENT OF POLICE
MORIGAON DIST. AT MORIGAON
ASSAM.
11:THE DEPUTY COMMISSIONER
KAMRUP (M)
GUWAHATI-1
ASSAM.
12:THE SUPERINTENDENT OF POLICE
KAMRUP (M)
GUWAHATI-1
ASSAM.
13:THE DEPUTY COMMISSIONER
KAMRUP (R)
AMINGAON
GUWAHATI
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ASSAM.
14:THE SUPERINTENDET OF POLICE
KAMRUP (R)
AMINGAON
GUWAHATI
ASSAM.
15:THE DEPUTY COMMISSIONER
LAKHIMPUR AT LAKHIMPUR
ASSAM.
16:THE SUPERINTENDENT OF POLICE
LAKHIMPUR AT LAKHIMPUR
ASSAM.
17:THE DEPUTY COMMISSIONER
DARRANG
MANGALDOI
ASSAM.
18:THE SUPERINTENDENT OF POLICE
DARRANG
MANGALDOI
ASSAM.
19:THE DEPUTY COMMISSIONER
NAGAON DIST. AT NAGAON
ASSAM.
20:THE SUPERINTENDET OF POLICE
NAGAON DIST. AT NAGAON
ASSAM.
21:THE DEPUTY COMMISSIONER
KARIMGANJ DIST. AT KARIMGANJ
ASSAM.
22:THE SUPERINTENDENT OF POLICE
KARIMGANJ
DIST. AT KARIMGANJ
ASSAM.
23:THE DEPUTY COMMISSIONER
HAILAKANDI DIST. AT HAILAKANDI
ASSAM
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24:THE SUPERINTENDENT OF POLICE
HAILAKANDI DIST. AT HAILAKANDI
ASSAM.
25:THE DEPUTY COMMISSIONER
TINSUKIA DIST. AT TINSUKIA
ASSAM.
26:THE SUPERINTENDENT OF POLICE
TINSUKIA DIST. AT TINSUKIA
ASSAM.
27:THE DEPUTY COMMISSIONER
DIBRUGARH DIST. AT DIBRUGARH
ASSAM.
28:THE SUPERINTENDENT OF POLICE
DIBRUGARH DIST. AT DIBRUGARH
ASSAM.
29:THE DEPUTY COMMISSIONER
DHEMAJI DIST. AT DHEMAJI
ASSAM.
30:THE SUPERINTENDENT OF POLICE
DHEMAJI DIST. AT DHEMAJI
ASSAM.
31:THE DEPUTY COMMISSIONER
CHARAIDEO DIST. AT CHARAIDEO
ASSAM.
32:THE SUPERINTENDENT OF POLICE
CHARAIDEO DIST. AT CHARAIDEO
ASSAM.
33:THE DEPUTY COMMISSIONER
SIVSAGAR DIST. AT SIVSAGAR
ASSAM.
34:THE SUPERINTENDENT OF POLICE
SIVSAGAR DIST. AT SIVSAGAR
ASSAM.
35:THE DEPUTY COMMISSIONER
MAJULI DIST. AT MAJULI
ASSAM.
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36:THE SUPERINTENDENT OF POLICE
MAJULI DIST. MAJULI
ASSAM.
37:THE DEPUTY COMMISSIONER
JORHAT DIST. AT JORHAT
ASSAM.
38:THE SUPERINTENDENT OF POLICE
JORHAT DIST. AT JORHAT
ASSAM.
39:THE DEPUTY COMMISSIONER
BISWANATH DIST. AT BISWANATH
ASSAM.
40:THE SUPERINTENDENT OF POLICE
BISWANATH DIST. AT BISWANATH
ASSAM.
41:THE DEPUTY COMMISSIONER
GOLAGHAT DIST. AT GOLAGHAT
ASSAM.
42:THE SUPERINTENDENT OF POLICE
GOLAGHAT DIST. AT GOLAGHAT
ASSAM.
43:THE DEPUTY COMMISSIONER
HOJAI
DIST. AT HOJAI
ASSAM.
44:THE SUPERINTENDENT OF POLICE
HOJAI DIST. AT HOJAI
ASSAM.
45:THE DEPUTY COMMISSIONER
UDALGURI
DIST. AT UDALGURI
ASSAM.
46:THE SUPERINTENDENT OF POLICE
UDALGURI DIST. AT UDALGURI
ASSAM.
47:THE DEPUTY COMMISSIONER
BAKSA
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DIST. AT BAKSA
ASSAM.
48:THE SUPERINTENDENT OF POLICE
BAKSA DIST. AT BAKSA
ASSAM.
49:THE DEPUTY COMMISSIONER
NALBARI
DIST. AT NALBARI
ASSAM.
50:THE SUPERINTENDENT OF POLICE
NALBARI DIST. AT NALBARI
ASSAM.
51:THE DEPUTY COMMISSIONER
BARPETA
DIST. AT BARPETA
ASSAM.
52:THE SUPERINTENDENT OF POLICE
BARPETA DIST. AT BARPETA
ASSAM.
53:THE DEPUTY COMMISSIONER
CHIRANG
DIST. AT CHIRANG
ASSAM.
54:THE SUPERINTENDENT OF POLICE
CHIRANG DIST. AT CHIRANG
ASSAM.
55:THE DEPUTY COMMISSIONER
BONGAIGAON
DIST. AT BONGAIGAON
ASSAM.
56:THE SUPERINTENDENT OF POLICE
BONGAIGAON DIST. AT BONGAIGAON
ASSAM.
57:THE DEPUTY COMMISSIONER
GOALPARA
DIST. AT GOALPARA
ASSAM.
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58:THE SUPERINTENDENT OF POLICE
GOALPARA DIST. AT GOALPARA
ASSAM.
59:THE DEPUTY COMMISSIONER
KOKRAJHAR
DIST. AT KOKRAJHAR
ASSAM.
60:THE SUPERINTENDENT OF POLICE
KOKRAJHAR DIST. AT KOKRAJHAR
ASSAM.
61:THE DEPUTY COMMISSIONER
DHUBRI
DIST. AT DHUBRI
ASSAM.
62:THE SUPERINTENDENT OF POLICE
DHUBRI DIST. AT DHUBRI
ASSAM.
63:THE DEPUTY COMMISSIONER
SOUTH SALMARA MANKACHAR
DIST. AT SOUTH SALMARA MANKACHAR
ASSAM.
64:THE SUPERINTENDENT OF POLICE
SOUTH SALMARA MANKACHAR DIST. AT SOUTH SALMARA
MANKACHAR
ASSAM
Advocate for the Petitioner : MR. M U MAHMUD
Advocate for the Respondent : GA, ASSAM
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BEFORE
HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
22.02.2021
(Sudhanshu Dhulia, C.J.)
Heard Mr. MU Mahmud, learned counsel for the appellants. Also heard Mr. D Saikia,
learned senior Standing Counsel, Govt. of Assam, assisted by Ms. N Bordoloi, learned
Standing Counsel, Revenue Department, appearing for respondent Nos.1, 2 and 3 and Mr. AK
Talukdar, learned counsel appearing for respondent No.4.
2. This writ appeal has been filed challenging the judgment and order of the learned
Single Judge dated 22.11.2018 whereby the writ petition of the writ appellants was
dismissed.
3. The brief facts of the case are that in Assam, there is an Act known as Assam Muslim
Marriage and Divorces Registration Act, 1935 (for short 'Act, 1935') under which provisions
have been laid down, inter alia that a muslim marriage can only be registered before a person
appointed by the Government. There are Government appointed persons who are authorized
to register muslim marriage under Section 3 of the Act, 1935. The writ petitioners claimed to
be private "kazis" authorized by religious organisation before whom a muslim marriage can be
performed, although they have no authority to register the same. Since certain obstructions
were being made by Government agents in their performance of duties assigned to them,
they have filed writ petitions before the learned Single Judge. The learned Single Judge has
disposed of the writ petitions by giving a detail order wherein it came to the conclusion that
only Government appointed person can register a muslim marriage under Section 3 of the
Act, 1935 and no other person can be allowed to do that and the only limited power which
was given to the petitioners was that they may issue a certificate of performance of marriage
ceremony but with a rider that such certificate must not in any way resemble marriage
certificate issued under Section 3 of the Act, 1935 and thereafter, the writ petition was
disposed of by a set of directions contained in sub-para 3 of paragraph 35 of the impugned
judgment and order, which reads as under:
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"35. xxxxxxx
3. Anyone who has performed the Muslim marriage ceremony, though, may
issue any certificate of performance of the marriage ceremony, such certificate
must not in any way resemble the marriage certificate issued under Section 3 of
the Assam Moslem Marriages and Divorces Registration Act, 1935. For this
purpose, the following must be observed:
(i) Such marriage performance registration certificate issued by the
anyone not approved or licensed under Section 3 of the Act, shall make it
very clear in the certificate itself that it is not a Certificate issued under the
Assam Moslem Marriages and Divorces Registration Act, 1935 by
printing/displaying prominently in the certificate on the top of the
certificate. This display must be printed in a font/script which is larger
than that of the rest of the contents of the certificates. This will dispel any
confusion or doubt about such certificate that it is not a certificate issued
under Section 3 of the Assam Moslem Marriages and Divorces Registration
Act, 1935.
(ii) The State Government must prescribe a format to be used by all
the persons authorised/licensed under Section 3 of Assam Moslem
Marriages and Divorces Registration Act, 1935, which must be used
uniformly by all such authorised persons while issuing marriage certificates
under the Act.
(iii) No one other than the authorised/licensed persons shall be
permitted to use the said official format of certificate of registration of
marriage. No one shall be also allowed to use any format which bears
resemblance to such prescribed official format.
(iv) Any person or agency or organisation who performs Muslim
marriages and not appointed by the Government under Section 3 of the
Act must clearly mention in their display boards or advertisements that
they do not issue Marriage Registration Certificates under the Assam
Moslem Marriages and Divorces Registration Act, 1935.
(v) Any such persons who are not authorised under Section 3 of the
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Act, acting to the contrary, will be liable to be prosecuted under the
relevant provisions of law.
(vi) The authorised/licensed persons under the Act shall also display
prominently the scheduled rates under the Act chargeable for registration
and also that no fee is chargeable for issuing the attested copy of the
entry of marriage register or the marriage certificate, as no fee is leviable
for issuing marriage certificate under the Act.
(vii) The State Respondents take all necessary steps as they may deem
appropriate to ensure that none of the licensed Moslem Registrars
appointed under Section 3 of the Assam Moslem Marriages and Divorces
Registration Act, 1935 overcharges the fees as prescribed under Section 9
of the Act as provided under Schedule IV of the Act and also to ensure
that provisions of the Act are properly complied by all concerned."
4. Being aggrieved by setting of the conditions of their functions, the writ appellants have
challenged the impugned judgment and order dated 22.11.2018 passed by the learned Single
Judge.
5. After arguing for some time, Mr. Mahmud, learned counsel for the appellants submits
that they would abide by the directions given by the learned Single Judge provided the
Government does not create any obstructions in performance of their functions. Mr. D Saikia,
learned senior counsel for the State respondents, has fairly submitted that if the directions of
the learned Single Judge are followed in its letter and spirit, the Government has no objection
in granting only a performance certificate by the appellants subject to their strictly following
the guidelines and the conditions given by the learned Single Judge in the judgment and
order dated 22.11.2018 which includes displaying on the board that they are not issuing a
certificate under Section 3 of the Act, 1935 as well as in their marriage performance
certificate itself.
6. We are, therefore, of the considered view that a well considered guidelines have been
given by the learned Single Judge and the same shall be followed by the writ appellants in its
letter and spirit. Subject to this, the concerned State authorities shall also not interfere with
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the function of the writ appellants.
7. This writ appeal is disposed of in the aforesaid terms.
JUDGE CHIEF JUSTICE
Comparing Assistant
