Gauhati High Court
Md Jabbar Ali vs The Union Of India And 9 Ors on 22 March, 2023
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GAHC010118312021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4061/2021
MD JABBAR ALI
S/O- LT. MONTAZ ALI, PERMANENT R/O- VILL- BHOIRAR PAM, P.S.-
BAGHBAR, DIST.- BARPETA, ASSAM, PIN- 781308, PRESENTLY RESIDING
AT RAILWAY GATE, DHARMANAGAR, GHY, P.S. SATGAON, DIST.- KAMRUP
(M), ASSAM, PIN- 781027
VERSUS
THE UNION OF INDIA AND 9 ORS
REP. BY THE SECY., MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA,
SHASTRI BHAWAN, NEW DELHI- 110001
2:THE STATE OF ASSAM
REP. BY THE SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY-06
3:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSION
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI- 110001
4:THE STATE COORDINATOR
NATIONAL REGISTRATION OF CITIZENS
ASSAM
1ST FLOOR
ACHYUT PLAZA
G.S.ROAD
BHANGAGARH
GHY
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ASSAM
PIN- 781005
5:THE DY. COMMISSIONER
KAMRUP (M)
DIST.- KAMRUP (M)
ASSAM
PIN- 781001
6:THE DY. COMMISSIONER
BARPETA
DIST.-BARPETA
ASSAM
PIN- 781301
7:THE FOREIGNERS TRIBUNAL KAMRUP (M) NO. 4TH
AT GUWAHATI
HEDAYATPUR
GHY-03
DIST.- KAMRUP (M)
ASSAM
8:THE DY. COMMISSIONER OF POLICE (B)
CITY GUWAHATI
KAMRUP (M)
ASSAM
PIN- 781001
9:THE OFFICER-IN-CHARGE OF SOUTH BAGHBAR P.S.
P.O. BAGHBAR
DIST.- BARPETA
ASSAM
PIN- 781308
10:THE OFFICER-IN-CHARGE OF SATGAON P.S.
P.O. SATGAON
GHY
ASSAM
PIN- 78102
Advocate for the Petitioner : MS. D GHOSH
Advocate for the Respondent : ASSTT.S.G.I.
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BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 22.03.2023
(A.M. Bujor Barua, J)
Heard Ms. D. Ghosh, learned counsel for the petitioner and Ms. L. Devi,
learned counsel for the respondents No. 1 and 4, being the Union of India and
the State Co-ordinator of NRC respectively. Also heard Ms. A. Verma, learned
counsel for the respondents No. 2, 7, 8, 9 and 10, being the authorities in the
Home Department; Mr. A. Ali, learned counsel for the respondent No. 3, being
the Election Commission of India and Ms. K. Phukan, learned counsel for the
respondents No. 5 and 6, being the Deputy Commissioner, Kamrup(M) and the
Deputy Commissioner, Barpeta respectively.
2. The petitioner Md. Jabbar Ali was referred to the Foreigners' Tribunal No.
4, Kamrup(M) for rendering an opinion as to whether he is a person who had
entered the State of Assam from the specified territory on or after 25.03.1971
and accordingly F.T. Case No. FT(K(M)-4) 1670/17 was registered. The Tribunal
rendered its opinion dated 25.02.2021 arriving at its conclusion that the
petitioner is a foreigner who had entered the State of Assam on or after
25.03.1971. Being aggrieved this writ petition is instituted.
3. In the writ proceeding, the petitioner relies upon the voters' list of 1966 of
village Bhoirarpam, P.S. Baghbar in the Kamrup district wherein at Sl. No. 310
the name of Montaz Ali son of Darug Ali and at Sl. No. 311 the name of Raison
Nessa wife of Montaz Ali appear and also the voters' list of 1970 of village
Bhoirarpam, P.S. Baghbar in the Kamrup district wherein at Sl. No. 324 the
name of Montaz Ali son Darug Ali and at Sl. No. 325 the name of Raison Nessa
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wife of Montaz Ali appear. The petitioner also relies upon the voters' list of 1993
of village Bhoirarpam, P.S. Baghbar in the Barpeta district wherein at Sl. No. 457
the name of Montaz Ali son of Darug Ali, at Sl. No. 458 the name of Raison
Nessa wife of Montaz Ali and at Sl. No. 459 the name of Jabbar Ali son of
Montaz Ali appear and the all the three persons are shown to be residing in the
same house No. 215.
4. Accordingly, the petitioner claims that as the name of Montaz Ali appears
in the voters' list of 1966 and 1970 of village Bhoirarpam, P.S. Baghbar in the
Kamrup district and the name of the petitioner appears along with Montaz Ali in
the voters' list of 1993 of village Bhoirarpam, P.S. Baghbar in the Barpeta
district, therefore he has established that he is a citizen of India.
5. In view of the above, we remand the matter back to the Foreigners'
Tribunal No. 4, Kamrup(M) to examine the authenticity and correctness of the
voters' list of 1966 of village Bhoirarpam, P.S. Baghbar in the Kamrup district
which contains the names of Montaz Ali son of Darug Ali and Raison Nessa wife
of Montaz Ali and the voters' list of 1970 of village Bhoirarpam, P.S. Baghbar in
the Kamrup district which also contains the names of Montaz Ali son of Darug
Ali and Raison Nessa wife of Montaz Ali and the voters' list of 1993 of village
Bhoirarpam, P.S. Baghbar in the Barpeta district which contains the names of
Montaz Ali son of Darug Ali, Raison Nessa wife of Montaz Ali as well as Jabbar
Ali son of Montaz Ali. Upon such examination, the Tribunal to pass a reasoned
order. If the reasoned order to be passed is in favour of the petitioner, the same
shall prevail over the earlier opinion dated 25.02.2021 in F.T. Case No. FT(K(M)-
4) 1670/17 and if it is against the petitioner, consequences under law shall
follow.
6. Upon the matter being remanded back, the petitioner to produce the
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complete voters' list from the year 1966 up to the year 1993 of village
Bhoirarpam. The petitioner may also produce any other relevant document, if so
advised. The State authorities in the Home Department through the
Superintendent of Police (B), Kamrup(M) shall also make a verification on the
claim of the petitioner that Montaz Ali of the voters' list of 1966 and 1970 of
village Bhoirarpam is the father of the petitioner. The verification be made as to
whether Montaz Ali and his family are some other persons who are existing in
village Bhoirarpam or whether the petitioner is the son of Montaz Ali of the said
village. The requirement of the verification is as per the provisions of paragraph
26 of a judgment passed by the Hon'ble Supreme Court in the case of the
Sarbananda Sonowal Vs. Union of India and Another, reported in (2005) 5 SCC
665. The petitioner to appear before the Tribunal on 27.04.2023. Till the
reasoned order is passed, no coercive action be taken against the petitioner.
Writ petition stands disposed of as indicated above.
Send back the LCR forthwith.
JUDGE JUDGE
Comparing Assistant
