Gauhati High Court
Ashema Bibi @ Achma Bibi vs Union Of India And 6 Ors on 13 February, 2019
Bench: Achintya Malla Bujor Barua, Ajit Borthakur
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GAHC010258452018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 8048/2018
1:ASHEMA BIBI @ ACHMA BIBI
W/O- SUKUR ALI, (D/O LT ASHRAB ALI), R/O- VILL- KURCHAMARI (NOW
PATILADAHA), P.S. MANIKPUR, DIST- BONGAIGAON, ASSAM, PIN- 783380
VERSUS
1:UNION OF INDIA AND 6 ORS.
REP. BY THE SECY. TO THE GOVT. OF INDIA, DEPTT. OF HOME AFFAIRS,
NEW DELHI
2:STATE OF ASSAM
REP. BY SECY. TO THE GOVT. OF ASSAM
DEPTT. OF HOME AFFAIRS
DISPUR
GHY-6
3:ELECTION COMMISSION OF INDIA
REP. BY THE COMM.
NIRBACHAN SADAN
NEW DELHI
4:STATE COORDINATOR OF NATIONAL REGISTRATION (NRC)
ASSAM
1ST FLOOR
ACHYUT PLAZA
GHY-SHILLONG ROAD
BHANGAGARH
GHY
ASSAM
781005
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5:THE MEMBER
FOREIGNERS TRIBUNAL NO. 1
BONGAIGAON
DIST- BONGAIGAON
ASSAM
6:THE SUPERINTENDENT OF POLICE (B)
BONGAIGAON
P.O. AND DIST- BONGAIGAON
ASSAM
7:THE DY. COMMISSIONER
BONGAIGAON ASSAM
P.O. AND DIST- BONGAIGAON
ASSA
Advocate for the Petitioner : MR. B J MUKHERJEE
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 13-02-2019 AM Bujor Barua, J Heard Mr. BJ Mukherjee, learned counsel for the petitioner. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and 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), Bongaigaon, FT Case No. BNGN/FT/3779/08 was registered against the petitioner.
3. In the additional written statement, the petitioner took a stand that before her Page No.# 3/4 marriage, she was a permanent resident of village Baghmara under Bijni Revenue Circle, Chirang district and that the name of her father Late Ashrab Ali finds place in the voter lists of 1966 and 1971 of village-Baghmara.
4. Before the Tribunal, the petitioner exhibited the voter list of 1966 of village-Baghmara, PS-Bijni, wherein the name of the name of her father Ashrab, son of Anowar Ali, aged 40 years appears in serial No.136 and that of Hajra Khatun, wife of Ashrab Ali, aged 30 years appears at serial No.137. Amongst the others, the petitioner also relied upon a Jamabandi of village-Baghmara in respect of Dag No.14 old and 89 New, where the names of, amongst others, Asima Bibi and Rahima Bibi were mutated in place of Ashrab Ali, son of Anowar Ali. If the said Jamabandi is otherwise acceptable and authentic and also pertains to the land of the father of the petitioner, the petitioner may have established the link with Ashrab Ali, son of Anowar Ali of the 1966 voter list of village-Baghmara. Although the said Jamabandi was exhibited, neither the petitioner was cross-examined in the required manner by the State authorities nor any such evidence has been brought forward by the State authorities to arrive at a conclusion as to why linkage with her being established by the Jamabandi could be rejected. The aforesaid aspect of the matter was not taken into consideration by the Tribunal in its order dated 30.07.2018. Accordingly, the order dated 30.07.2018 of the Tribunal No.1, Bongaigaon in FT Case No. BNGN/FT/3779/08 is set aside and the matter is remanded back to the Tribunal for fresh consideration.
5. Upon being remanded back, the Tribunal shall afford the State authorities to either confront the petitioner as regard the acceptability and validity as regards the Jamabandi being exhibited by them. Further, the State respondents would also be at liberty to produce any evidence, if any, to show if according to them, the Jamabandi in question does not pertain to the petitioner.
5. The petitioner shall appear before the Tribunal on 18.03.2019 and upon her appearance, the Tribunal shall do the needful as indicated above and upon verifying the legality and acceptability of the Jamabandi in question, shall pass a reasoned order. It is provided that the petitioner shall not be allowed to adduce any further evidence apart from the evidence that had already been adduced.
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6. Writ petition stands allowed to the extent indicated above.
JUDGE JUDGE Comparing Assistant