Gauhati High Court
Nazir Uddin And Anr vs The Union Of India And 7 Ors on 4 February, 2020
Author: Manojit Bhuyan
Bench: Manojit Bhuyan, Parthivjyoti Saikia
Page No.# 1/4
GAHC010203862018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 6326/2018
1:NAZIR UDDIN AND ANR.
SON OF LATE ABDUL KHALIQUE, RESIDENT OF VILLAGE- THAISUBALI,
P.O.- KARIKHANA, P.S. LANKA, DIST. HOJAI, ASSAM, PIN- 782446
2: MD AFTAB UDDIN
SON OF LATE ABDUL KHALIQUE
RESIDENT OF VILLAGE- THAISUBALI
P.O.- KARIKHANA
P.S. LANKA
DIST. HOJAI
ASSAM
PIN- 78244
VERSUS
1:THE UNION OF INDIA AND 7 ORS.
REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI.
2:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTORAL OFFICER
ASSAM
DISPUR
GUWAHATI-6.
3:THE REGISTRAR GENERAL OF INDIA
REP. BY THE STATE COORDINATOR
NRC (NATIONAL REGISTER OF CITIZENS)
ASSAM
ULUBARI
GUWAHATI-5.
4:THE STATE OF ASSAM
Page No.# 2/4
REP. BY THE COMMISSIONER AND SECRETARY
HOME DEPARTMENT
DISPUR
GUWAHATI-6
ASSAM.
5:THE DEPUTY COMMISSIONER
HOJAI
DIST. HOJAI
ASSAM
PIN- 782442
6:THE FOREIGNERS REGISTRATION OFFICER
IN THE DISTRICT OF HOJAI
DISTRICT- HOJAI
ASSAM
PIN- 782442.
7:THE SUPERINTENDENT OF POLICE (BOARDER)
IN THE DISTRICT OF HOJAI
DIST. HOJAI
ASSAM
PIN- 782442.
8:THE OFFICER-IN-CHARGE
LANKA POLICE STATION
DIST. HOJAI
ASSAM
PIN- 782446
Advocate for the Petitioner : ALHAJJ INAM UDDIN
Advocate for the Respondent : ASSTT.S.G.I.
:: BEFORE ::
HON'BLE MR. JUSTICE MANOJIT BHUYAN
HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
04.02.2020 (Manojit Bhuyan, J) Heard Mr. H. Ali, learned counsel for the petitioners as well as Ms. G. Hazarika, learned counsel Page No.# 3/4 representing respondent no.1. Also heard Ms. B. Das, learned counsel for respondent no.2; Mr. J. Payeng, learned counsel for respondent nos.4, 5, 6, 7 and 8 and Ms. U. Das, learned counsel for respondent no.3.
The Foreigners' Tribunal, Nagaon Court No.7 th at Lanka passed the common order dated 09.08.2018 in F.T./L/Case No.868/2016 and F.T./L/Case No.936/2016 declaring both the petitioners to be foreigners of 1966-1971 stream with direction to register their names in accordance with Rule 19 of the Citizenship Rule, 2009 before the competent authority i.e. FRRO within 30 (thirty) days from the date of the order.
The Superintendent of Police (Border), Hojai made two references against the petitioners suspecting them to be foreigners of post 1971 vide SP's Case Nos.1100/2011 and 1099/2011 and sent the reference cases to the Foreigners' Tribunal, Hojai, Sankardev Nagar for opinion. On receipt of the same, the Tribunal registered both the cases, being case nos. F.T./H/3341/2012 and F.T./H/3340/2012 and issued notice to the petitioners with direction to appear before it and to file written statement. In the meantime, on creation of two new Tribunals, the petitioners' cases were transferred to the Foreigners' Tribunal, Nagaon Court No.7th at Lanka and renumbered as F.T./L/Case No.868/2016 and F.T./L/Case No.936/2016. On being renumbered, both the cases were clubbed together for consideration and fresh notices were issued to the petitioners for filing written statement. The petitioners contested the reference cases by filing written statement, exhibiting documents and adducing evidence to prove that they were not foreigners but Indian nationals. After careful consideration of all the materials available on record, the Tribunal by a common order declared the petitioners to be foreigners of 1966-1971 stream with direction to register their names before the concerned FRRO.
Mr. Ali submits that although in the aforesaid order dated 09.08.2018 there was a direction for registering the names of the petitioners before the concerned FRRO, they were not aware of the fact that they were required to register their names and/or the consequences that may follow for not registering the names before the said Authority. Prayer is, therefore, made that despite opinion having been rendered on 09.08.2018, they be granted an opportunity to register their names before the Foreigners Regional Registration Officer, Hojai 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 Page No.# 4/4 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), we make a direction to both the petitioners i.e. Md. Nazir Uddin and Md. Aftabuddin to approach the Foreigners Regional Registration Officer, Hojai within a period of 30 (thirty) days from today. Upon such approach being made within the period indicated above, the Foreigners Regional Registration Officer, Hojai shall take appropriate steps for registration of the names of the petitioners in accordance with law. Legal consequences shall accordingly follow. It is made clear that if the petitioners do not approach the Foreigners Regional Registration Officer, Hojai within the period above, they 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 their names before the aforesaid Registering Authority, the petitioners shall not be allowed to cast vote and/or be entitled to have their names included in any Electoral Roll for any Assembly or Parliamentary constituency.
With the above observation and direction, the present writ petition stands disposed of.
Office to send back the case records to the Tribunal forthwith.
A copy of this order be made available to the Standing Counsel, Election Commission of India i.e. respondent no.2.
Petitioners are 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