Gauhati High Court
Jarina Khatun vs The Union Of India And 5 Ors on 13 February, 2019
Author: A.M. Bujor Barua
Bench: Achintya Malla Bujor Barua, Ajit Borthakur
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GAHC010241672018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7533/2018
1:JARINA KHATUN
W/O- AZIZUL HAQUE, VILL- SORUPATHAR, NO. 48 BLOCK, P.O-
RENGBANG, P.S- JAMUNAMUKH, DIST- HOJAI, ASSAM, PIN- 782427
VERSUS
1:THE UNION OF INDIA AND 5 ORS.
REP. BY THE MIN OF HOME AFFAIRS, NEW DELHI- 110001
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
HOME DEPTT
DISPUR
GUWAHATI- 781006
3:THE DEPUTY COMMISSIONER
HOJAI
DIST- HOJAI
ASSAM
PIN- 782435
4:THE SUPERINTENDENT OF POLICE(B)
HOJAI
ASSAM
PIN- 782435
5:THE ELECTION COMMISSION OF INDIA
NEW DELHI- 01
6:THE STATE COORDINATOR
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NRC
ASSAM
PIN- 78103
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
O R D E R
13.02.2019 (A.M. Bujor Barua, J) Heard Mr. A. Matin, learned counsel for the petitioner, Mr. A Ali, learned counsel for the Election Commission of India, Mr. A. Kalita, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border Affairs, 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), Nagaon, FT(D) Case No.762/2015 was registered against the petitioner in the Foreigners Tribunal No.10, Nagaon at Sankardev Nagar, Hojai. Before the Tribunal, the petitioner in the written statement took the stand that she was born and brought up at village Sunaribhera police station Rupahihat district- Nagaon and that they were two brothers and four sisters namely Rahila Khatun, Jarina Khatun, Asia Khatun and Sofia Khatun being the sisters and Azizul Hoque and Samsul Hoque being the brothers. Further stand was taken that Siraj Ali son of Sukur Mamud was the grandfather of the petitioner. In order to substantiate the stand, the petitioner exhibits the voters list of 1965 of village Sonaibera police station Rupahihat Mouza- Alitangni, which contains the name of Siraj Ali son of Sukur age 68 years at Sl No.184 and A. Khaleque, son of Siraj age 45 years at Sl No.185 and both of them reside in the same House No.34. A copy of the Jamabandi of village Sonaibera was also exhibited, which shows that the names of Samsul Hoque, Azizul Hoque being the son of A. Khaleque and Rahila Khatun, Jarina Khatun, Page No.# 3/4 Asia Khatun and Sofia Khatun being daughters of A. Khaleque were mutated in place of A. Khaleque.
3. We have taken note of that the persons whose name were mutated in place of A. Khaleque of village Sonaibera are same as those of the brothers and sisters of the petitioner mentioned in her written statement. The petitioner also exhibited a certificate dated 18.06.2017 of the Sarkari Gaon Bura of village Sonaibera, wherein it was stated that the father of the petitioner Jarina Khatun was late Abdul Khaleque. The person certifying the certificate being the Gaon Bura of Sonaibera was also examined as DW-2. DW-2 in his deposition stated that he is about 60 years old and has been the Gaon Bura of Sonaibera village for about 20 years. He also states that he knows the petitioner as because she was born in the village Sonaibera of which he is the Sarkari Gaon Bura.
4. Ordinarily, the said deposition of the Gaon Bura would have been a clinching link that the petitioner had established that A. Khaleque of Sonaibera village, whose name appears in the voters list of 1965, but we have taken note of that although the Gaon Bura was aged about 60 years, but he had been the Gaon Bura of Sonaibera village only for about 20 years. Therefore, a further examination would have to be made as to the source of information of the Gaon Bura that the petitioner is the daughter of Abdul Khaleque of Sonaibera village.
5. Accordingly, for the limited purpose, we remand the matter back to the Tribunal for a cross-examination of the DW-2 Sarkari Gaon Bura for a more detailed verification as to his source of the knowledge that the petitioner is the daughter of Abdul Khaleque of village Sonaibera. In doing so, the Tribunal also take note of the Exhibit-2 Jamabandi of village Sonaibera, which shows that the names of the petitioner and her other siblings were mutated in place of A. Khaleque and take the same into consideration while passing its reasoned order.
6. For the reasons stated above, the order dated 02.06.2018 of the Foreigners Tribunal No.10, Nagao at Sankardev Nagar, Hojai is set aside and the matter is remanded back to the Tribunal for doing the needful as indicated above i.e. for putting the DW-2 Sarkari Gaon Bura to further cross examination in order to arrive at a detail verification of the statement that he had made and further to pass a reasoned order on the acceptability or non-acceptability of the Exhibit-2 Jamabandi.
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7. The aforesaid as indicated be done within a period of 30 days from the date of appearance of the petitioner, where the petitioner shall appear before the Tribunal on 18.03.2019. In the event, the petitioner does not appear before the Tribunal or does not cooperate with the Tribunal in any manner, the Tribunal would be at liberty to pass any order as per law.
8. Send back the LCR immediately.
The writ petition stands allowed to the extent indicated above.
JUDGE JUDGE Comparing Assistant