Gauhati High Court
Jayeda Begum @ Jayeda Bibi vs The Union Of India And 5 Ors on 8 February, 2019
Author: A.M. Bujor Barua
Bench: Achintya Malla Bujor Barua, Ajit Borthakur
Page No.# 1/4
GAHC010251032018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7836/2018
1:JAYEDA BEGUM @ JAYEDA BIBI
W/O- MOZIBAR RAHMAN, D/O- LATE ISLAM ALI 2 ISLAM, R/O- VILL-
HIRAJANI, P.S- HAJO, DIST- KAMRUP, ASSAM, PIN- 781102
VERSUS
1:THE UNION OF INDIA AND 5 ORS
REP. BY THE SECRETARY TO THE GOVT OF INDIA, MIN OF HOME
AFFAIRS, SHASTRI BHAWAN, NEW DELHI- 01
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
HOME DEPTT
DISPUR
GUWAHATI- 06
3:THE DEPUTY COMMISSIONER
KAMRUP
P.O HAJO
DIST- KAMRUP
ASSAM
PIN- 781102
4:THE SUPERINTENDENT OF POLICE(B)
KAMRUP
P.O- HAJO
DIST- KAMRUP
ASSAM
PIN- 781102
5:THE ELECTION COMMISSION OF INDIA
Page No.# 2/4
NEW DELHI
TO BE REP BY CHIEF ELECTION COMMISSIONER OF INDIA
NEW DELHI- 01
6:THE STATE COORDINATOR
NRC
ASSAM
BHANGAGARH
LACHIT NAGAR
GUWAAHATI- 0
Advocate for the Petitioner : MR. B AHMED
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 08-02-2019 (A.M. Bujor Barua, J) Heard Mr. N. Hoque, learned counsel for the petitioner. Also heard Mr. A.I. Ali, learned counsel for the Election Commission of India, Mr. J. Payeng, learned counsel for the State of Assam appearing for the Foreigners' Tribunal and Border Areas, Ms. A. Verma, learned standing counsel for the authorities under the NRC as well as Ms. G. Sarma, learned counsel for the authorities under the Union of India.
2. On being referred by the Superintendent of Police, Border, Kamrup, IMDT Case No.51/1998 was registered against the petitioner. On the IM(D)T Act of 1983 being declared ultra vires, the reference was transferred to the Foreigners Tribunal No.4 Hajo, Kamrup and re-numbered as HFT Case No. 682/2015.
3. Before the Tribunal, the petitioner by filing written statement took the stand that the name of her Page No.# 3/4 grandfather is Khosnur Ali @ Khosnur and her grandmother is Lalbanu Bibi and their names appeared in the voter list of 1966 of Village-Hirajani Mouza- Hajo, district Kamrup. The name of her father Islam Ali appears in the voter list of 1977 pertaining to Village-Hirajani Mouza-Hajo along with Khosnur Ali and Lalbanu Bibi.
4. Further the name of Rabiya Bibi wife of Islam Ali appeared in the voter list of 1997 and all of them are indicated that they are from House No.50.
5. Further the voter list of 2005 shows the name of Rabiya Bibi wife of Islam Ali along with Sahjahan Ali and Farida Begum younger sister of the petitioner, all of them are residing in House No.49 and 50.
6. In the circumstance, according to the petitioner, a linkage has been established between Sahjahan Ali through Rabiya Bibi and Islam Ali with Khosnur Ali of 1966 voters list.
7. Sahjahan Ali had deposed as DW-2 stating that the petitioner is his younger sister. Apart from such statement, further evidence is not available linking that the petitioner is either the younger sister of Sahjahan Ali or that through Rabiya Bibi, Islam Ali has satisfied the link with Khosnur Ali of 1966 voter list.
8. In the circumstance, Mr. J. Payeng, learned counsel raises a question as to whether the evidence rendered by Sahjahan Ali DW-2 is believable and can be made the sole basis to conclude the establishment of the link of the petitioner with Khosnur Ali of 1966 voter list.
9. The cross-examination by the State respondent of DW-2 does not reveal much either to form an opinion to disbelieve the statement that the petitioner is his younger sister or to accept the said statement that the petitioner is the younger sister.
10. In the circumstance, we deem it appropriate to remand the matter back to the Foreigners Tribunal No.4 Hajo, Kamrup for further cross-examination of Sahjahan Ali as DW-2 by the State Page No.# 4/4 respondents to extract the conclusion as to whether the petitioner is the younger sister of Sahjahan Ali DW-2.
11. The petitioner shall appear before the Foreigners Tribunal No.4 Hajo, Kamrup on 25.02.2019 and on her appearance the Tribunal would proceed in the mater. It is clarified that the matter is being remanded back only for the purpose indicated above and shall not entail the petitioner to render any further evidence in the matter. Upon such further examination, the Tribunal shall pass its reasoned order and such order shall prevail over the order dated 11.10.2018 of the Foreigners Tribunal No. 4 Hajo in HFT Case No.682/2015.
Writ petition is allowed to the extent as indicated above.
JUDGE JUDGE Comparing Assistant