The Gauhati High Court remanded a writ petition against a Foreigners' Tribunal order to the Tribunal to re-examine the petitioner's citizenship claim using voters' lists from 1966, 1970, and 1977.
Writ petition disposed of; matter remanded to Foreigners' Tribunal with directives to verify evidence and take fresh decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010032492021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1344/2021
AKBAR ALI S/O- LT. HAKIM UDDIN, R/O- VILL- BAHMURA, P.S. AND DIST.- BARPETA, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TILOK MARG, NEW DELHI- 110001
2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-06
3:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN ASHOKA ROAD NEW DELHI- 110001 4:THE DY. COMMISSIONER BARPETA P.O. AND DIST.- BARPETA ASSAM 5:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O. AND DIST.- BARPETA ASSAM PIN- 781310
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6:THE NATIONAL REGISTER OF CITIZEN REP. BY THE STATE COORDINATOR ACHYUT PLAZA BHANGAGARH GHY-0
Advocate for the Petitioner : MR N AHMED
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
18.07.2023
[A.M.Bujor Barua, J.]
Heard Mr. N. Ahmed, learned counsel for the petitioner. Also heard Mr. A. Verma, learned counsel for the Home Department; Mr. L. Devi, learned counsel for the NRC and UoI; Ms. U. Das, learned counsel for the DC; and Mr. A.I. Ali, learned counsel for the ECI.
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the Voters’ List of 1970 of village Garala Police Station Baghbar in the Barpeta district, which contains the name of Ofatan Nessa, wife of Hakim at serial no. 404 and Intaz Ali, son of Hakim at serial no. 405. The petitioner further relies upon the Voters’ List of 1977 of village Garala Police Station Baghbar in the Barpeta district, which contains the name of Ofatan Nessa, wife of Hakim at serial no. 564; Intaz Ali, son of Hakim at serial no. 565; and Akbar Ali, son of Hakim at serial no. 566. Accordingly it is claimed that the petitioner has discharged the burden under Section 9 of Foreigners’ Act 1946, inasmuch as, his name Akbar Ali appears along with Oftan Nessa and Intaz Ali in the Voters’ List of 1977 of village Garal, whereas the name of Oftan Nessa and Intaz Ali also appears in the Voters’ List of 1966 and 1970.
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Tribunal as well as to cross-examine the witnesses of the petitioner. Upon doing the needful the Tribunal may pass a reasoned order.
the petitioner.
Writ petition stands disposed of in the above terms. Send back the LCR immediately.
JUDGE JUDGE
Comparing Assistant
1 issue framed by the court
Whether to accept the petitioner's claim of Indian citizenship based on archaic voters lists and remit the matter for fresh decision.
1 provisions across 1 enactments
AKBAR ALI
THE UNION OF INDIA
THE STATE OF ASSAM
THE ELECTION COMMISSION OF INDIA
THE DY. COMMISSIONER BARPETA
THE SUPERINTENDENT OF POLICE (B) BARPETA
ACHINTYA MALLA BUJOR BARUA
ROBIN PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
