Gauhati High Court
Anowara Khatun @ Anowara Begum vs The Union Of India And 9 Ors on 15 February, 2023
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GAHC010123752019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3736/2019
ANOWARA KHATUN @ ANOWARA BEGUM
D/O- LATE JAHIR UDDIN, W/O- ISUB ALI, VILL NO.2 TUPAMARI, P.O-
TUPAMARI, P.S- NAGARBERA, DIST- KAMRUP, ASSAM, PIN- 781127
VERSUS
THE UNION OF INDIA AND 9 ORS
REP. BY THE MIN OF HOME AFFAIRS, GOVT OF INDIA, NEW DELHI- 01
2:THE ELECTION COMMISSIONER OF INDIA
REP. BY COMMISSIONER
NEW DELHI- 01
3:THE STATE OF ASSAM
REP. BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM
DISPUR
GHY- 6
4:THE STATE COORDINATOR
NRC
ASSAM
BHANGAGARH
GHY- 05
5:THE COMMISSIONER AND SECRETARY
TO THE GOVT OF ASSAM
HOME DEPTT
DISPUR
GHY- 06
6:THE DIRECTOR GENERAL OF POLICE
ASSAM
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ULUBARI
GHY- 05
7:THE DEPUTY COMMISSIONER
KAMRUP (R)
ASSAM
PIN- 781031
8:THE SUPERINTENDENT OF POLICE(B)
KAMRUP (R)
ASSAM
PIN- 781031
9:THE OFFICER IN CHARGE
NAGARBERA POLICE STATION
DIST- KAMRUP(R)
ASSAM
PIN- 781127
10:THE ELECTORAL REGISTRATION OFFICER NO. 48
BOKO (SC) LAC
DIST- KAMRUP(R)
ASSAM
PIN- 78103
Advocate for the Petitioner : MR. M U MONDAL
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE ROBIN PHUKAN
JUDGMENT & ORDER (ORAL)
15.02.2023
(AM Bujor Barua, J)
Heard Mr. MU Mondal, learned counsel for the petitioner. Also heard Ms. L
Devi, learned CGC for the respondents in the Union of India as well as the
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authorities under the NRC, Mr. T Pegu, learned counsel for the authorities under
the Election Commission of India, Mr. G Sharma, learned Special Standing
Counsel, Foreigners' Tribunal for the Home Department, Government of Assam,
the Chief Secretary to the Government of Assam, the Director General of Police
Assam, the Superintendent of Police (B) Kamrup(R) as well as the Officer-in-
Charge, Nagarbera Police Station, and Ms. K Phukan, learned Government
Advocate for the Deputy Commissioner, Kamrup(R).
2. The petitioner, namely, Anowara Khatun @ Anowara Begum aged 48
years, daughter of Jahiruddin, wife of Isub Ali of village No.2 Tupamari, P.S.
Nagarbera, District Kamrup(R) has instituted this writ petition assailing the
notice dated 03.05.2019 of the Foreigners Tribunal No.1 Kamrup(R) in Case
No.GFT(R)118/2017. According to the petitioner, she being the daughter of Late
Jahiruddin, wife of Md. Isub Ali of village No.2 Tupamari PS Nagarbera, District
Kamrup(R) was earlier noticed by the Foreigners Tribunal No.1 Kamrup(R) in
GFT(R)Case No. 188/2017 F.T.Case No.282/2009 which was registered against
Musstt. Anowara Begum wife of Md. Isub Ali, daughter of Lt. Sagar Ali. The
petitioner appeared before the Tribunal in the said GFT(R)Case No.188/2017 F.T.
Case No.282/2009 and took the stand that she is Anowara Khatun @ Anowara
Begum wife of Esub Ali of village Tupamari PS Nagarbera, District Kamrup,
Assam, but she is the daughter of Jahiruddin @ Jahoruddin and not the
daughter of Lt. Sagar Ali. Accordingly, a stand was taken by the petitioner that
the notice was issued to a person other than a person against whom the said
F.T. Case was registered. Consequently, the order dated 05.12.2017 was passed
in GFT(R)Case No.188/2017 F.T. Case No.282/2009 whereby an opinion was
rendered that Anowara Khatun @ Anowara Begum, wife of Esub Ali, daughter
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of Lt. Jahiruddin @ Jahoruddin of village Tupamari PS Nagarbera, District
Kamrup(R) is not a proceedee in the said matter and accordingly the petitioner
was released by the Tribunal from the proceeding.
3. In the circumstance, the impugned notice dated 30.05.2019 was issued
against Anowara Begum @ Anowara Khatun daughter of Lt. Jahiruddin, wife of
Md. Isub Ali of village No.2 Tupamari PS Nagarbera, District Kamrup(R). The
petitioner now takes a stand that she was earlier proceeded in GFT(R)Case
No.188/2017 F.T. Case No.282/2009 by the Foreigners Tribunal No.1 Kamrup(R)
and the opinion was in her favour and therefore further notices would not be
maintainable under the law.
4. We are unable to accept the said contention of Mr. MU Mondal, learned
counsel for the petitioner, inasmuch as by the earlier order dated 05.12.2017 in
GFT(R)Case No.188/2017 F.T. Case No.282/2009 no opinion in favour of the
petitioner was rendered, but the petitioner was released from the said
proceeding inasmuch as, it was the stand of the petitioner that she was not the
person being the daughter of Jahiruddin @ Jahoruddin where the proceeding
was against Anowara Begum @ Anowara Khatun daughter of Lt. Sagar Ali.
5. But, in the instant case, it is taken note of that the notice dated
30.05.2019 is against Anowara Begum @ Anowara Khatun daughter of Late
Jahiruddin, wife of Md. Isub Ali of No.2 Tupamari, P.S. Nagarbera, District
Kamrup, Assam and the said identification is that of the petitioner herself. If this
time, the reference is actually proceeded against the petitioner, it is for the
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petitioner to appear before the Tribunal, defend her case by taking any stand
supported by any material as may be permissible under the law.
6. In view of the above, the writ petition stands dismissed. The petitioner to
appear before the Tribunal on 21.03.2023 for further proceeding.
7. Upon her appearance before the Tribunal, it would be open for the
petitioner to take any stand in her defence by adducing relevant materials.
8. The petitioner raises the grievance that the copy of the reference had not
been furnished to her. The petitioner would be at liberty to inspect the copy of
the reference case registered against her before the Tribunal to satisfy herself
on the contents of the same.
9. Writ petition stands disposed of in the above terms.
JUDGE JUDGE
Comparing Assistant
