THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE UNION OF INDIA AND 5 ORS
Case at a glance
Outcome
Disposed of
Writ petition stands disposed of in the above terms
Provisions considered
Key paragraphs
- Para 1111. Writ petition stands disposed of in the above terms.
Judgment
Advocate for the Petitioner : MR. B U LASKAR Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MRS. JUSTICE MITALI THAKURIA Date : 23.08.2023 (AM Bujor Barua, J) ORDER Heard Mr. BU Laskar, 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. T Pegu, 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) Cachar and Mr. P Sarma, learned Government Advocate for the Deputy Commissioner, Cachar.
#2. The petitioner, namely, Nazrul Hoque Laskar @ Nazrul Hoque was referred to the Foreigners Tribunal 5th Silchar at Ramnagar Cachar for rendering an opinion as to whether he is a foreigner within the meaning of Foreigner Act, 1946 resulting in the registration of F.T 5th (D) Case No.294/2016, arising out of (I/Case No.11,025/98 of Lakhipur P.S.) wherein an opinion dated 31.03.2022 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. Page No.# 3/5
#3. Being aggrieved this writ petition is instituted.
#4. In the writ proceeding, amongst others, the petitioner relies upon the voters list of 1966 of village Dholoicherra, P.S. Lakhipur in the Cachar district which contains the name of Masman Ali L, son of Arbesh Ali L at Sl.No.81 and that of Baburun Bibi wife of Masman Ali L at Sl.No.82 along with Moinul Hoque L, son of Masman Ali L at Sl.No.83. The voters list of 1970 relied upon by the petitioner contains the name of Masman Ali L, son of Arbesh Ali L at Sl.No.90, in a situation where in the 1966 voters list, the age of Mosman Ali is shown to be 50 years and in the 1970 voters list his age is shown to be 54 years. The petitioner further relies upon the voters list of 1985 of village Dholoicherra which contains the name of Nazrul Hoque L, son of Masman Ali L at Sl.No.544 and it is claimed that Nazrul Hoque L of the 1985 voters list is the writ petitioner himself. As the name of Nazrul Hoque L appears along with Masman Ali L and the name of Masman Ali L appears in the voters list of 1966 of village Dholoicherra, it is claimed that the burden under Section 9 of the Foreigners Act 1946 has been discharged by the petitioner to prove that he is a citizen of India.
#5. In view of the above, the matter stands remanded back to the Tribunal to enable the Tribunal to examine the voters list of 1966, 1970 and 1985 of village Dholoicherra. Page No.# 4/5
#6. The petitioner to produce the complete voters list of the aforesaid years of village Dholoicherra before the Tribunal for its examination and the Tribunal shall examine as to whether the name of Nazrul Hoque L of the 1985 voters list of village Dholoicherra appears along with the other family members of Masman Ali L, whose name did appear in the earlier voters list of 1966, 1970 and 1985 of village Dholoicherra and, more particular, whether it appears along with Moinul Hoque L whose name appeared along with Masman Ali L in the 1966 voters list.
#7. The respondents in the Home Department may also make their own verification on the aforesaid aspect, more particularly, as to whether Nazrul Hoque L of the 1985 voters list of village Dholoicherra and Nazrul Hoque Laskar @ Nazrul Hoque, the writ petitioner/proceedee are one and the same person and submit a report before the Tribunal, if so advised.
#8. Accordingly, the petitioner shall appear before the Tribunal on 20.09.2023.
#9. The Tribunal upon doing the needful and after examining the evidences and materials shall pass a reasoned order. In the event, the reasoned order is in favour of the petitioner, the same shall prevail over the opinion dated
31.03.2022 of the Foreigners Tribunal 5th Silchar at Ramnagar Cachar in F.T 5th (D) Case No.294/2016, arising out of (I/Case No.11,025/98 of Lakhipur P.S.) and if it is against the petitioner, consequential action under the law shall follow.
#10. Till the reasoned order is passed, no coercive action be taken against the petitioner. Page No.# 5/5
#11. Writ petition stands disposed of in the above terms.
#12. Send back the LCR. JUDGE JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Writ petition stands disposed of in the above terms
Which statutory provisions did this judgment involve?
Foreigner Act, 1946; Foreigners Act, 1946 — s. 9.
Which court decided this case, and when?
Gauhati High Court, on 23 Aug 2023. The bench was ACHINTYA MALLA BUJOR BARUA, MITALI THAKURIA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.