Disposed

Nabi Hussain and Anr. v. the Union of India and 5 Ors.

Gauhati HC10 May 2019WP(C)/2872/2019

Case brief

AI extract

What is this about?

The Court directed petitioners, declared foreigners by the Foreigners Tribunal, to approach the FRRO within 30 days for registration under the 1966-1971 stream. It clarified voting disqualification for ten years and liability for deportation if they fail to register.

What did the court decide?

Direction to petitioners to approach the Foreigners Regional Registration Officer, Nagaon within 30 days for registration with specified allotments regarding voting and deportation liability.

Nabi Hussain and Anr. Vs the Union of… — Constitutional and Fundamental Rights | Gauhati HC (2019)

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GAHC010093242019

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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) 2872/2019

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1:NABI HUSSAIN AND ANR.

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S/O. LT. NAIB ALI @ NABALI, R/O. VILL. SONARIGAON, P.S. DHING, DIST. NAGAON, ASSAM.

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2: ALAKJAN KHATUN D/O. LT. NAIB ALI @ NABALI W/O. JABAN ALI VILL. AAHOM GAON P.S. BATADROBA DIST. NAGAON ASSAM

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VERSUS

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1:THE UNION OF INDIA AND 5 ORS.

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REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, SHASTRI BHAWAN, TILOK MARG, NEW DELHI-01.

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2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE HOME DEPTT. DISPUR GUWAHATI-06.

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3:THE DY. COMMISSIONER NAGAON P.O. AND DIST. NAGAON ASSAM-782001.

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4:THE SUPDT. OF POLICE (B) NAGAON P.O. AND DIST. NAGAON ASSAM-782001.

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5:THE ELECTION COMMISSIONER OF INDIA NEW DELHI-01.

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6:THE STATE CO-ORDINATOR NRC ASSAM BHANGAGARH GUWAHATI-05

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Advocate for the Petitioner : MR. A R SIKDAR

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

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:: BEFORE ::

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HON’BLE MR. JUSTICE MANOJIT BHUYAN HON’BLE MR. JUSTICE MANISH CHOUDHURY

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O R D E R

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10.05.2019

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(Manojit Bhuyan, J)

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Heard Mr. A.R. Sikdar, learned counsel for the petitioners as well as Mr. J. Payeng, learned counsel representing respondent nos.2, 3 and 4. Ms. B. Das, learned counsel appears for respondent no.5 whereas Ms. U. Das, learned counsel appears for respondent no.6. There is none to represent respondent no.1.

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The Foreigners’ Tribunal, Nagaon passed order dated 22.03.1991 in F.T. Case Nos.90/88 and 175/88, declaring the petitioners to be foreigners of the 01.01.1966 to 25.03.1971 stream.

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Mr. Sikdar submits that in respect of F.T. Case No.90/88 and 175/88, petitioners were issued notices by the Tribunal, against which they filed written statement stating that they were Indian citizens by birth and contested the case by engaging Advocate who prayed to hear both the cases together. The Tribunal examined the written statements as

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well as the documents produced by the petitioners and passed order on 22.03.1991 declaring them to be foreigners of the 01.01.1966 to 25.03.1971 stream. It is also submitted that in the aforesaid order dated 22.03.1991 there was no direction to register the name of the petitioners before the Registering Authority and that petitioners were not aware of the fact that they were required to register their names before the said appropriate authority.

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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 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.

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Having regard to the facts of the case and considering the order passed in Pronoti Bala Sarkar (supra), we make a direction to the petitioners Nabi Hussain and Alekjan Khatun to approach the Foreigners Regional Registration Officer (FRRO), Nagaon within a period of 30 (thirty) days from today. Upon such approach being made within the period indicated above, the Foreigners Regional Registration Officer (FRRO), Nagaon 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 (FRRO), Nagaon 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.

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With the above observation and direction, the writ petition stands disposed of.

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JUDGE JUDGE

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Nabi Hussain and Anr. v. the Union of India and 5 Ors.

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Nabi Hussain and Anr. v. the Union of India and 5 Ors.

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