Gauhati High Court
Kalam Mondal vs The Union Of India And 6 Ors on 3 February, 2023
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GAHC010114712019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3939/2019
KALAM MONDAL
S/O- BASIR ALI, VILL- SARUHARID, P.O CHALCHALIA, P.S. SARBHOG,
DIST- BARPETA, PIN- 781319
VERSUS
THE UNION OF INDIA AND 6 ORS.
REP. BY THE SECY. TO THE GOVT. OF INDIA, DEPTT. OF HOME, NEW
DELHI-1
2:THE STATE OF ASSAM
REP. BY THE SECY. TO THE GOVT. OF ASSAM
DEPTT. OF HOME
DISPUR
GHY-6
3:THE DY. COMMISSIONER
BARPETA
PIN- 781301
4:THE SUPERINTENDENT OF POLICE (B)
BARPETA
PIN- 781301
5:THE ELECTION COMMISSION
GOVT. OF INDIA
NEW DELHI-1
6:THE STATE CO-ORDINATOR
OF NATIONAL REGISTRATION (NRC)
ASSAM
GHY-32
7:FOREIGNERS TRIBUNAL NO.11
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BARPETA
REP. BY THE STANDING COUNSEL
FOREIGNERS TRIBUNAL
PIN- 78130
Advocate for the Petitioner : MR. A ROSHID
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE ROBIN PHUKAN
JUDGMENT & ORDER (ORAL)
Date : 03-02-2023
(A.M. Bujor Barua, J)
Heard Mr. A. Roshid, learned counsel for the petitioner and Ms. L. Devi,
learned counsel for the respondents No. 1 and 6, being the Union of India. Also
heard Mr. J. Payeng, learned counsel for the respondents No. 2 and 4 being the
authorities in the Home Department, Ms. K. Phukan, learned counsel for the
respondent No. 3, being the Deputy Commissioner, Barpeta and Mr. T. Pegu,
learned counsel for the respondent No. 5, being the Election Commission of
India.
2. The petitioner Kalam Mondal was referred to the Foreigners Tribunal No.
11, Barpeta, for an opinion as to whether he is a person who had entered the
State of Assam subsequent to 25.03.1971 and consequently F.T. Case No.
1356/2017 was registered. Before the Tribunal, the petitioner exhibited the
voters' list of 1966 of village Bardonga, Mouza Rupshi in the Barpeta district
wherein at Sl. No. 56 the name of Sukur Ali Mandal, son of Ujal and at Sl. No.
58 the name of Basir Uddin Mandal, son of Sukur Ali appear. The petitioner also
exhibited the voters' list of 1989 of village Bardonga, Mouza Rupshi in the
Barpeta district wherein at Sl. No. 96 the name of Baser Mandal, son Sukur
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Mandal, at Sl. No. 97 the name of Tamiran Nessa, wife of Basir Mandal, at Sl.
No. 98 the name of Kalam Mandal, son of Basir Mandal, at Sl. No. 99 the name
of Amena Khatun, wife of Kalam Mandal, at Sl. No. 100 the name of Hazarat Ali,
son of Basir Mandal and at Sl. No. 93 the name of Semlai Khatun, wife of Basir
Uddin Mandal appear.
3. The petitioner takes a stand that after 1985 his entire family shifted to the
village Saruharid under P.S. Sorbhog also in the Barpeta district and accordingly
exhibited the voters' list of 1997 of village Saruharid, wherein at Sl. No. 275
House No. 78 the name of Bosir Mondal, son of Sukur, at Sl. 276 House No. 78
the name of Semlai Nessa, wife of Bosir, at Sl. No. 277 House No. 78 the name
of Amiran Nessa, wife of Bosir, at Sl. No. 278 House No. 78 the name of Kalam
Mondal, son of Bosir, at Sl. No. 279 House No. 78 the name of Amena Khatun,
wife of Kalam and at Sl. No. 280 House No. 78 the name of Hazarat Ali, son of
Bosir appear.
4. If we look into the names of the voters' list of 1985 of village Bardonga
and the voters' list of 1997 of village Saruharid, a lot of similarity in the names
are discernible and it is also noticed that in the name of the persons in the
voters' list of 1985 of village Bardonga and the name of the persons in the
voters' list of 1997 of village Saruharid there appears a continuity in the serial
numbers in the voters' list, meaning thereby it is an indication that they belong
to the same family.
5. It is stated that for certain inadvertent reasons the voters' list of 1997 of
village Saruharid could not be exhibited before the Tribunal. The petitioner
Kalam Mondal was referred for an opinion before the Tribunal by showing him a
resident of village Saruharid. From such point of view, the voters' list of 1997 of
village Saruharid would have its own relevance to establish the citizenship of the
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petitioner.
6. In the circumstance, without interfering with the opinion dated 24.04.2019
in F.T. Case No. 1356/2017 of the Foreigners Tribunal No. 11, Barpeta, we
remand the matter back to the Tribunal to enable the petitioner to exhibit the
voters' list of 1997 of village Saruharid as the petitioner also makes a claim that
his entire family had shifted from village Bardonga to village Saruharid. The
petitioner may also produce the downline voters' list of 1985 of village Bardonga
which may indicate the names of the petitioner and his family stood deleted as
well as the upline voters' list of 1997 of village Saruharid which may indicate the
names of the petitioner and his family did not appear prior to the shifting. If
advised, the petitioner may also produce the administrative order that the
authorities in the Election Commission of India may have passed while deleting
the names of the petitioner and his family members from the village Bardonga
and had entered their names in the voters' list of village Saruharid. Upon such
materials being produced, the Tribunal may examine the same and pass a
reasoned order thereon, as may be advised. The petitioner to appear before the
Foreigners Tribunal No. 11, Barpeta on 03.03.2023. Till the Tribunal renders its
opinion, no coercive measure be taken against the petitioner. The reasoned
order that the Tribunal may pass should prevail over the order passed by the
Tribunal dated 24.04.2019 in F.T. Case No. 1356/2017.
Writ petition is disposed of as indicated above.
JUDGE JUDGE
Comparing Assistant
