Gauhati High Court
Jubeda Khatun @ Jubeda Begum vs The Union Of India And 6 Ors on 11 January, 2021
Author: Manojit Bhuyan
Bench: Manojit Bhuyan, Soumitra Saikia
Page No.# 1/4
GAHC010162332020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4806/2020
JUBEDA KHATUN @ JUBEDA BEGUM
W/O- MUJAMMEL HAQUE, D/O- SABED ALI, R/O- VILL- MOKUA, P.S.
TEZPUR, DIST.- SONITPUR, ASSAM, PIN- 784001
VERSUS
THE UNION OF INDIA AND 6 ORS
THROUGH THE SECY., TO THE GOVT. OF INDIA, THE MINISTRY OF HOME
AFFAIRS, GRIHA MANTRALAYA, NEW DELHI
2:THE STATE OF ASSAM
THROUGH THE SECY.
TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY-6
3:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA
NIRVACHAN SADAN ASHOKA ROAD
NEW DELHI- 110001
4:THE STATE CO-ORDINATOR
NATIONAL REGISTRATION OF CITIZEN
ASSAM
BHANGAGARH
GHY-05
5:THE DY. COMMISSIONER
SONITPUR
P.O. TEZPUR
DIST.- SONITPUR
Page No.# 2/4
ASSAM
PIN- 784001
6:THE SUPERINTENDENT OF POLICE (B)
SONITPUR
P.O. TEZPUR
DIST.- SONITPUR
ASSAM
PIN- 784001
7:FOREIGNERS REGIONAL REGISTRATION OFFICER
TEZPUR
DIST.- SONITPUR
ASSAM
PIN- 78400
Advocate for the Petitioner : MR. L R MAZUMDER
Advocate for the Respondent : ASSTT.S.G.I.
:: BEFORE ::
HON'BLE MR. JUSTICE MANOJIT BHUYAN
HON'BLE MR. JUSTICE SOUMITRA SAIKIA
O R D E R
11.01.2021 (Manojit Bhuyan, J) Heard Md. I. Hussain, learned counsel for the petitioner as well as Mr. C.K.S. Baruah, learned counsel representing respondent no.1. Mr. A. Kalita, learned counsel appears for respondent nos.2, 5, 6 and 7; Ms. N. Upadhyay, learned counsel for respondent no.3 and Ms. L. Devi, learned counsel for respondent no.4.
The Foreigners' Tribunal Tezpur 1st District Sonitpur passed ex parte order dated 31.03.2017 in F.T.(D) Case No.2602/2012, declaring her to be a doubtful voter/doubtful citizen, having illegally entered into Assam (India) between 01.01.1966 to 25.03.1971 with direction to register her name as per provision U/S 6-A (3) of the Citizenship (Amendment) Act, 1985.
Page No.# 3/4 It is stated at paragraph 5 of the writ petition that in the aforesaid order dated 31.03.2017 though there was a direction for registering the name of the petitioner before the concerned Registering Authority, but the petitioner's engaged counsel did not inform her about the outcome of the ex parte order, for which she could not register her name before the said authority. When the petitioner did not find her name in the draft NRC list on being enquired at the NRC Seva Kendra, her husband informed her that she has been declared as a doubtful voter of the 01.01.1966 to 25.03.1971 stream by the Foreigners' Tribunal Tezpur 1 st District Sonitpur on 31.03.2017 in F.T.(D) Case No.2602/2012.
Md. Hussain submits that the petitioner was not aware of the consequences that may follow for not registering the name before the authority concerned. Prayer is, therefore, made that despite opinion having been rendered on 31.03.2017, she be granted an opportunity to register her name before the Foreigners Regional Registration Officer, Sonitpur for the ends of justice.
We have heard the learned counsels for the parties and also take note of the attending facts and circumstances. We also take note of an order passed in a writ petition involving the issue on belated approach for registration. Notice is had to the order dated 11.09.2017 passed in WP(C) 2295/2014 (Pronoti Bala Sarkar and others vs. State of Assam and Others). In the said case, this Court after noticing the relevant provisions under the Citizenship Act, 1955, as amended, and that under the Citizenship Rules, 2009, together with the Full Bench decision in State of Assam and Others vs. Moslem Mondal and Others, reported in (2013) 1 GLT 809, held that it would meet the ends of justice to permit the petitioners therein to get themselves registered as foreigners belonging to the 01.01.1966 to 25.03.1971 stream, even at the belated stage.
Having regard to the facts of this instant case and considering the order passed in Pronoti Bala Sarkar (supra) and Moslem Mondal (supra), we make a direction to the petitioner Jubeda Khatun to approach the Foreigners Regional Registration Officer, Sonitpur within a period of 30 (thirty) days from today. Upon such approach being made within the period indicated above, the Foreigners Regional Registration Officer, Sonitpur shall take appropriate steps for registration of the name of the aforesaid petitioner in accordance with law. Legal consequences shall accordingly follow. It is made clear that if the petitioner does not approach the Foreigners Regional Registration Officer, Sonitpur within the period above, she shall be liable to be apprehended and deported from India. It is also made clear that until expiry of 10 (ten) years next from the date of registration of her name before the aforesaid Registering Authority, the petitioner shall not be allowed to cast vote and/or be entitled to have her name included in any Electoral Roll for any Assembly or Parliamentary constituency.
Page No.# 4/4 With the above observation and direction, the present writ petition stands disposed of.
A copy of this order be made available to the Standing Counsel, Election Commission of India i.e. respondent no.3.
Petitioner is permitted to supply/furnish a certified copy of this order before the aforesaid Registering Authority and on such furnishing, the Registering Authority shall do the needful in terms of the above.
JUDGE JUDGE Comparing Assistant