Dismissed

Jahura Khatun v. the Union of India and 3 Ors.

Gauhati HC5 Apr 2018WP(C)/7228/2017

Case brief

AI extract

What is this about?

Petitioner, previously declared an illegal migrant, approached the Court claiming citizenship via an EPC, voter ID, and Aadhar card. The Court dismissed the petition noting contradictory ages and suspicious documents, finding the petitioner acted with unclean hands. Directives were issued to relevant authorities to delete her records, cancel IDs, and arrest her for deportation.

What did the court decide?

Directives issued to delete petitioner's name from voters list/NRC, cancel IDs, and arrest her for deportation; compliance report required.

Jahura Khatun Vs the Union of India and 3 Ors. — Gauhati HC (2018) — LawSathi Research

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Page No.# 1/4

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GAHC010168902017

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 7228/2017

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1:JAHURA KHATUN D/O. LT. RIYAZ UDDIN, R/O. VILL. 1 NO. KANDULIMARI, P.O. and P.S. DHING, DIST. NAGAON, ASSAM.

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VERSUS

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1:THE UNION OF INDIA and 3 ORS.

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THROUGH- THE MINISTRY OF HOME AFFAIRS, GIRHA MANTRALAYA, NEW DELHI.

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2:THE STATE OF ASSAM THROUGH- THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GUWAHATI-6.

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3:THE DEPUTY COMMISSIONER NAGAON DIST. NAGAON ASSAM.

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4:THE SUPERINTENDENT OF POLICE BORDER NAGOAN DIST. NAGAON ASSAM

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Advocate for the Petitioner : MR.F HAQUE

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Advocate for the Respondent : ASSTT.S.G.I.

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Page No.# 2/4

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BEFORE HON'BLE MR. JUSTICE UJJAL BHUYAN HON BLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 05-04-2018

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(U.Bhuyan,J)

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Heard Mr. A. Kalita, learned Special Counsel, FT.

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This writ petition was dismissed on 27.11.2017.

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It may be mentioned that petitioner was declared to be an illegal migrant by the Illegal Migrants (Determination) Tribunal , Nagaon in IMDT Case No. 39/1999 (State Vs Jahura Khatun) vide order dated 06.06.2005. This was challenged by the petitioner Jahura Khatun before this Court in WP(C) No. 7228/2007. By order dated 27.11.2017, the writ petition was dismissed. While dismissing the writ petition this Court observed that though the petitioner was declared as an illegal migrant way back on 06.06.2005 by the Tribunal, she continued to move around as a free person 12 years thereafter. Court also observed that no steps were taken for her detention and consequential deportation to her country of origin. What also surprised the Court was that in the writ petition petitioner had annexed photo copies of the Elector Photo Identity Card issued by Election Commission of India in her name, voters list of Batadraba Constituency of 2016 where she was included as a voter and Aadhar Card in her name issued by the Unique Identification Authority, Govt. of India. Taking a serious view of the matter, Court held as under:-

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“ 12. It is really very surprising that even after her declaration as an illegal migrant in the year 2005, petitioner has got an identity card in her name from Election Commission of India in 2013, enlisted herself as a voter of Batadraba Constituency in 2016 and obtained an Aadhar Card when it is in public domain that in so far State of Assam in concerned, process of issuing Aadhar Card to the citizens is yet to commence. Therefore, prima facie genuineness of these annexures are highly suspect. To add to the suspicion, we find that in the Elector Photo Identity Card, petitioner was shown as 38 years of age as on 01.01.2013 which means she would be 42 years of age in 2017; in the Aadhar Card, her date of birth is mentioned as 01.01.1977 which means she would be 41 years of age in 2017; but in the affidavit sworn in support of the present writ petition on 21.11.2017, petitioner disclosed her age on oath as 34 years!! However, all the above annexures have been certified to be true copies by the petitioner’s Advocate.

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Page No.# 3/4

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13. Therefore, it is quite apparent that petitioner has taken recourse to falsehood and manipulation of documents to present herself as an Indian citizen despite her declaration as an illegal migrant. Thus, petitioner has not approached the Court with clean hands. Therefore, both on merit and on equity, petitioner is not entitled to any consideration of the Court.

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14. Writ petition is dismissed.

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15. Let a copy of this order be forwarded to the Additional Director General of Police (Border), Assam; State Coordinator, National Register of Citizens (NRC), Deputy Commissioner, Nagaon and Superintendent of Police (Border), Nagaon for taking immediate follow up steps, such as, deletion of her name from the voters list and Government records, cancellation of the cards, detention till her deportation to her country of origin, ensuring that her name is not included in the NRC, and holding of enquiry as to how the above annexures were obtained by the petitioner. Additional Director General of Police (Border) shall monitor the consequential steps taken by the above authorities. Let compliance report be submitted by the above authorities to the Court within a month.

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16. Though the writ petition has been dismissed, to consider compliance report, list for orders on 04.01.2018 .”

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Thereafter on 04.02.2018, Sri Prateek Hajela, IAS, State Coordinator, NRC had informed the Court through the learned Govt. Advocate that petitioner had applied for inclusion of her name in the National Register of Citizens (NRC). But her name was rejected from inclusion in draft NRC as she was already declared to be an illegal migrant by the Tribunal.

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Court also to know as to what steps Deputy Commissioner, Nagaon had taken for deletion of her name from the voters list and by the Superintendent of Police (Border), Nagaon for her apprehension. Compliance reports were called for.

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Today, Mr. Kalita submits that he has obtained instruction from the Political (B) Department, Govt. of Assam. As per report of the Superintendent of Police (Border), Nagaon dated 29.03.2018 a search operation was conducted to apprehend the petitioner but she is untraceable. Credible sources have been engaged to find out her present whereabouts. It is also stated that three cases have since been registered against the close relatives of the petitioner, namely, FT Case Nos. 284/2017, 285/2017 and 286/2017 against Md. Wahedul

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Page No.# 4/4

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Islam, Md. Sahidul Islam and Md. Mukshiddin, all sons of Late Riyazuddin i.e. father of the petitioner, respectively.

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Superintendent of Police (Border), Nagaon should continue his search for the petitioner till she is traced out whereafter necessary steps be taken for her detention and deportation. In so far the Deputy Commissioner, Nagaon is concerned, he is directed to take necessary steps to cancel the name of the petitioner from the voters list as well as for cancellation of the voter identity card obtained from the Election Commission of India.

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Let this be monitored by the Special Director General of Police (Border), Assam.

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Compliance report shall be submitted by the Special Director General of Police before the Registrar General of this Court within 2 (two) months.

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This case is finally closed and need not be listed before the Court.

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JUDGE JUDGE

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Comparing Assistant

Jahura Khatun v. the Union of India and 3 Ors.

Case brief

What is this about?

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Jahura Khatun v. the Union of India and 3 Ors.

Case brief

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