Gauhati High Court
Jamela Khatun vs The Union Of India And 6 Ors on 17 December, 2018
Author: Nani Tagia
Bench: Manojit Bhuyan, Nani Tagia
Page No.# 1/5
GAHC010243822018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7598/2018
1:JAMELA KHATUN
D/O- ASAN UDDIN, W/O- ABDUL BAREK, VILL- AGMONDIA, P.O. MANDIA
BAZAR, P.S. BAGHBOR, DIST- BARPETA, PIN- 781308
VERSUS
1:THE UNION OF INDIA AND 6 ORS.
REP. BY THE SECY. TO THE GOVT. OF INDIA, DEPTT. OF HOME, NEW
DELHI-1
2:THE STATE OF ASSAM
REP. BY THE SECY. TO THE GOVT. OF ASSAM
DEPTT. OF HOME
DISPUR
GHY-6
3:THE DY. COMMISSIONER
BARPETA
PIN- 781301
4:THE SUPERINTENDENT OF POLICE (B)
BARPETA
PIN- 781301
5:THE ELECTION COMMISSION
GOVT. OF INDIA
NEW DELHI-1
6:THE STATE CO-ORDINATOR OF NATIONAL REGISTRATION (NRC)
ASSAM
Page No.# 2/5
GHY-32
7:THE FOREIGNERS TRIBUNAL NO 4TH
BARPETA
REP. BY THE STANDING COUNSEL OF THE TRIBUNAL
PIN- 78130
Advocate for the Petitioner : MR. A ROSHID
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANOJIT BHUYAN
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 17-12-2018 (Nani Tagia, J) Heard Mr. A. Roshid, learned counsel for the petitioner as well as Ms. G. Sarmah, learned counsel for the respondent no. 1; Mr. J. Payeng, learned counsel for respondent nos. 2, 3, 4 & 7; Mr. A. I. Ali, learned counsel for respondent no. 5 and Ms. U. Das, learned counsel for respondent no. 6.
2. By this petition, under Article under Article 226 of the Constitution of India, the writ petitioner has challenged the legality and validity of the order dated 10.09.2018, passed by the learned Member, Foreigners' Tribunal No. 4th, Barpeta in F.T. Case No. 526/2016, whereby the petitioner has been held to be the foreigner and illegal migrant, who had entered into Assam (India) on or after 25.03.1971 from the specified territory (Bangladesh).
3. A proceeding was started against the writ petitioner/opposite party suspecting to be an illegal migrant entered into Assam after 25.03.1971. Accordingly, a Notice was issued to the writ petitioner/opposite party by the learned Tribunal and on receipt of the Notice, the writ petitioner/opposite party filed her written statements stating inter alia that 'she was born and brought up at village Barpeta, under Mouza-Hastinapur, District Barpeta, Assam' and that her grandmother's name was Aimona Khatun and the daughter of Md. Asan Uddin and Ms. Page No.# 3/5 Sharifan Nessa.
4. In support of her case, the writ petitioner/opposite party has exhibited the following exhibits which are as follows:
Ext. 'A' is the certified copy of the electoral roll of 1966, in respect of LAC No. 51 Jania Village, Daksin Sitoli District Kamrup wherein vide serial no. 71 of house no. 20, the name of her grandmother, Aimona Khatun is stated to be recorded; Ext. 'B' is the certified copy of electoral roll of 1970, in respect of LAC No. 51, Jania village Daksin Sitoli District Kamrup wherein vide serial no. 85 and 89 of house no. 20, the name of her grandmother Aimona Khatun as well as the name of her father Asan Uddin are stated to be recorded therein; Ext. 'C' is the certified copy of electoral roll of 1985, in respect of LAC no. 41, Bhawanipur, village Batua, district Barpeta wherein vide serial no. 381 of house no. 21, the name of the writ petitioner/opposite party's fathers' name Md. Asan Uddin is stated to be recorded; Ext. 'D' is the certified copy of the electoral roll of 1977 in respect of LAC no. 41 Bhawanipur, Village Batua, District Barpeta wherein at serial no. 137 and 138 of house no. 46, the name of writ petitioner/opposite party's father's and mothers' name i.e. Md. Asan Uddin and Ms. Sarifan Nessa respectively are stated to be recorded; Ext. 'E' & 'F' are the electoral roll of the year 1966 and 1970 respectively, wherein the name of Badsha Mia, who is the father-in-law of writ petitioner/opposite party is recorded therein; Ext. 'G' & 'H' are the electoral role of the year 1997 and 2010 wherein the name of Abdul Barek, husband of writ petitioner/opposite party has been recorded. The 2010 electoral roll is in respect of 45 Baghbar LAC, village Agmondia Sub-division Barpeta; Ext. 'I' is the Kabin Nama of the writ petitioner/opposite party and her husband; Ext. 'J' is the certificate issued by the Secretary, 110 No. Geruapara, Gaon Panchayat, District Barpeta; Ext.'K' is the certificate issued by the president 110 No. Geruapara, Gaon Panchayat; Ext.'L' is the certificate issued by the Gaon Bura charge No. 15 Agmondia, Bhirapam; Ext.'M' is the certificate issued by the Gaon Bura charge No. 15 Agmondia, Bhirarpam; Ext.'N' is the affidavit filed by the petitioner/opposite party; Ext.'O' is the identity card of Gaon Bura; Ext.'P' is the letter of the petitioner/opposite party.
5. We have perused all the exhibits mentioned above. On perusal of the same, it is found that Ext. 'J', the certificate issued by the Secretary, Gaon Panchayat, is the only linkage document through which the petitioner/opposite party seeks to establish her linkage with the Page No.# 4/5 projected father namely, late Asan Uddin. The Ext. 'J' (GP certificate) is issued by one K. R. Choudhury, who was the Secretary, Gaon Panchayat at the relevant point of time and by the said certificate is has been certified that Jamela Khatun is the daughter of Lt. Asan Uddin and Smti. Sarifan Nissa of Batua village, 110 Geruwapara Gaon Panchayat under Sarupeta Revenue Cirlce of Barpeta District of Assam and got married on 30.09.1995 with Abdul Barek son of Badshah Mia who are residents of Agmondia village under Mandia Revenue Cirlce of Barpeta District of Assasm and Smti. Jamela Khatun has now migrated from the 110 Geruwapara Gaon Panchayat area to the Agmondia village by virtue of her marriage. The certificate is dated 17.07.2015.
6. In order to prove Ext. 'J', the petitioner/opposite party has examined one Sri Kalpa Ranjan Das, stated to be the Secretary, Gaon Panchayat as DW 3. In support of Ext. 'J' document, DW, 3 in his deposition made before the learned Tribunal has stated that 'he has been working as Secretary, Gaon Panchayat, Geruapara for last 3 (three) years 'and that he had issued a linkage certificate in favour of the writ petitioner/opposite party, Jamela Khatun on the basis of the application submitted by the writ petitioner/opposite party, Jamela Khatun along with the certificate issued by the Gaon Burah of village Batua and NRC details of Roban Miya vide Ext. 'P'.
7. On perusal of the statements made by DW 3, it is found that Ext. 'J' certificate was issued on the basis of an application submitted by the writ petitioner/opposite party Jamela Khatun along with the certificate issued by the Gaon Bura of village Batua. Therefore, the basis on which Ext. 'J' document was issued by the DW 3 is the certificate of Gaon Bura of village Batua. But on examination of Gaon Bura certificate, it is found that the certificate issued by the Gaon Bura is found to be from village Agmondia which is the place of writ petitioner/opposite party's husband. Therefore, on the basis of Gaon Bura certificate issued from village Agmondia which is the writ petitioner/opposite party's husbands' place cannot form the basis of Ext. 'J' document whereby it has been certified that Jamela Khatun is the daughter of Lt. Asan Uddin and Sarifan Nessa of Batua village, 110 No. Gaurapara, Gaon Panchayat. We also find that the Ext. 'J' certificate was issued on an application made by the writ petitioner/opposite party vide Ext. P whereby a request was made to issue a linkage certificate. On further examination of statement of DW 3, it is found that Ext. 'J' document Page No.# 5/5 has been issued on the basis of NRC details of Roban Miya, however, we do not find from the record about any mention of Roban Miya anywhere. And therefore, the deposition of DW 3 seeking to prove Ext. 'J' cannot be said to inspire any confidence of this Court, inasmuch as, it would be evident from the statements made in his deposition itself that the very basis on which Ext. 'J' certificate was issued has been belied in his very deposition itself. In such view of the matter, we are of the view that Ext. 'J' document remains not proved; and hence cannot be relied on and acted upon so as to hold that the writ petitioner/opposite party has been able to establish a linkage with her projected father Lt. Asan Uddin.
8. Although, as many as 'A' to 'P' exhibits have been exhibited by the writ petitioner in support of her case, we find that Ext. 'J' to be the only document or exhibit through which the writ petitioner/opposite party sought to establish her linkage with her projected father. Ext. 'J' having been held to be not proved as above, we are of the considered view that the writ petitioner/opposite party has not been able to prove her linkage with her projected father Lt. Asan Uddin. Apart from the Ext. 'J', we find that no other evidence on record which could establish any linkage of the petitioner with her projected father Lt. Asan Uddin.
9. In that view of the matter, we find no infirmity in the impugned order dated 10.09.2018, passed by the learned Member, Foreigners' Tribunal No. 4 th, Barpeta in F.T. Case No. 526/2016.
10. The writ petition, therefore, is devoid of merit and the same stands dismissed accordingly, with no order as to cost.
11. Office to send back the records to the concerned Foreigners' Tribunal forthwith.
JUDGE JUDGE Comparing Assistant