Gauhati High Court
Sheikjan Nessa @ Sheikjan Bibi @ ... vs The Union Of India And 7 Ors on 17 August, 2023
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GAHC010215252019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6713/2019
SHEIKJAN NESSA @ SHEIKJAN BIBI @ SUKJAN BIBI
D/O. LT. KEFAYAT ALI, W/O. SAHJAHAN ALI, VILL. JOGIR MAHAL PART-I,
P.O. GASHBARI, P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN-783348.
VERSUS
THE UNION OF INDIA AND 7 ORS.
REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA,
SHASTRI BHAWAN, NEW DELHI.
2:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GUWAHATI-06.
3:THE STATE COORDINATOR
OFFICE OF THE STATE COORDINATOR
NRC
ASSAM
1ST FLOOR
ACHYUT PLAZA
G.S. ROAD
BHANGAGARH
GUWAHATI
ASSAM
PIN-781005.
4:THE DY. COMMISSIONER
DHUBRI
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DIST. DHUBRI
ASSAM
PIN-783348.
5:THE SUPDT. OF POLICE (B)
DHUBRI
DIST. DHUBRI
ASSAM
PIN-783348.
6:THE ELECTION COMMISSIONER OF INDIA
ASHOKA ROAD
NEW DELHI-110001.
7:THE DISTRICT ELECTION OFFICER
DHUBRI
ASSAM
DIST. DHUBRI
ASSAM
PIN-783348
8:THE MEMBER OF FOREIGNERS TRIBULNAL (4TH)
DHUBRI
DIST. DHUBRI
ASSAM
PIN-783348
Advocate for the Petitioner : MR D C NATH
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MRS. JUSTICE MITALI THAKURIA
Date : 17-08-2023
JUDGMENT & ORDER (ORAL)
(AM Bujor Barua, J)
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Heard Mr. DC Nath, learned counsel for the petitioner. Also heard Ms. L Devi,
learned CGC for the respondents in the Union of India as well as the authorities
under the NRC, Mr. AI Ali, learned counsel for the authorities under the Election
Commission of India, Mr. G Sarma, learned Special Standing Counsel, Foreigners
Tribunal for the Home Department, Government of Assam as well as the
Superintendent of Police (B) Dhubri and Mr. P Sarma, learned Government
Advocate for the Deputy Commissioner, Dhubri and Ms. B Deka, learned counsel
for the Education Department, Government of Assam.
2. The petitioner, namely, Sheikjan Nessa @ Sheikjan Bibi @Sukjan Bibi was
referred to the Foreigners Tribunal No.4 Dhubri for rendering an opinion as to
whether she is a foreigner within the meaning of Foreigner Act, 1946 resulting
in the registration of Case No.F.T-4/162/GPR/2018, arising out of Reference 'D'
Voter Case No.329/D/06 wherein an opinion dated 26.06.2019 was rendered
declaring the petitioner to be a person who had entered the State of Assam
from the specified territory on or after 25.03.1971.
3. Being aggrieved this writ petition is instituted.
4. In the writ proceeding, the petitioner relies upon the voters list of 1966 of
village Jogirmohal Part-III in the Dhubri district which contains the name of
Kefayat Ali, son of Atiullah at Sl.No.104 and that of Aysha Bibi wife of Kefayat
Sheikh at Sl.No.105 and it is claimed that Kefayat Ali is the father of the
petitioner and Aysha Bibi is the mother of the petitioner. To substantiate that
Kefayat Ali is the father of the petitioner, reliance is placed on an admit card
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issued by the Board of Secondary Education Assam which contains the
information that Sheikjan Nessa is the daughter of Md. Kefayat Ali. To examine
as to whether Kefayat Ali of the admit card is also the Kefayat Ali of the 1966
voters list of village Jogirmahal Part III, we required the Education Department
to produce the school admission register, in original of Jogirmahal High School
from where the petitioner had her education. Upon examining the school
admission register, it is noticed that the name of the petitioner Sheikjan Nessa
appears at Sl.No.21 of the admission register of 1985-1986 and the admission
register shows that Kefayat Ali of Jogirmahal Part III is the father of Sheikjan
Nessa. From the information contained in the school admission register, which is
a contemporaneous record of the period when the petitioner took admission in
the school, it can be established that the petitioner Sheikjan Nessa is the
daughter of Kefayat Ali of village Jogirmahal Part III and as the name of Kefayat
Ali, son of Atiullah appears in the voters list of 1966 of village Jogirmahal Part
III, we are satisfied that the petitioner has been able to discharge the burden
under Section 9 of the Foreigners Act 1946 that she is a citizen of India.
5. In view of the aforesaid materials clinching the issue in favour of the
petitioner, the petitioner deserves a declaration that she is a citizen of India and
it is declared accordingly.
6. Consequently, all such legal rights and privileges that may accrue to the
petitioner Sheikjan Nessa @ Sheikjan Bibi @Sukjan Bibi upon such declaration
that she is a citizen of India be made available to her.
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7. Writ petition, accordingly, stands allowed.
8. Send back the LCR.
9. The school admission register, in original, produced before the Court is
returned back to the learned counsel for the Education Department.
JUDGE JUDGE
Comparing Assistant
