Dismissed

Sukurjan Nessa v. the Union of India and 5 Ors.

Gauhati HC17 Jul 2023WP(C)/2365/2021

Case brief

AI extract

What is this about?

In a writ petition by Sukurjan Nessa challenging a Foreigners Tribunal order declaring her a foreigner, the Gauhati High Court remanded the matter to the Tribunal to verify voter list and marriage cert and stayed coercive action.

What did the court decide?

Remand back to Foreigners Tribunal No 5 for examination of voter list and Kabil Nama; stay coercive action; order to appear on a specified date.

Sukurjan Nessa Vs the Union of India… — Constitutional and Fundamental Rights | Gauhati HC (2023)

¶1

Page No.# 1/3

¶2

GAHC010063692021

¶3

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

¶4

Case No. : WP(C)/2365/2021

¶5

SUKURJAN NESSA

¶6

D/O. AMZAD ALI, W/O. SURAT ALI, VILL. NADIAPARA, P.S. KALGACHIA, DIST. BARPETA, ASSAM.

¶7

VERSUS

¶8

THE UNION OF INDIA AND 5 ORS

¶9

REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TILOK MARG, NEW DELHI-110001.

¶10

2:THE STATE OF ASSAM

¶11

REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GUWAHATI-781006.

¶12

3:THE ELECTION COMMISSION OF INDIA

¶13

REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN ASHOKA ROAD NEW DELHI-110001.

¶14

4:THE DY. COMMISSIONER

¶15

BARPETA P.O. AND DIST. BARPETA ASSAM.

¶16

5:THE SUPDT. OF POLICE (B)

¶17

BARPETA

¶18

Page No.# 2/3

¶19

P.O. AND DIST. BARPETA ASSAM PIN-781310.

¶20

6:THE NATIONAL REGISTER OF CITIZEN

¶21

REP. BY THE STATE COORDINATOR ACHYUT PLAZA BHANGAGARH GUWAHATI-781005

¶22

Advocate for the Petitioner : MR N AHMED

¶23

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

¶24

BEFORE

¶25

HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN

¶26

ORDER

¶27

17-07-2023

¶28

[A.M.Bujor Barua, J.]

¶29

Heard Mr. N. Ahmed, learned counsel for the petitioner. Also heard Mr. G. Sarma, 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. T. Pegu, learned counsel for the ECI.

¶30

The petitioner Sukurjan Nessa had been referred to the Foreigners’ Tribunal, No. 5, at Barpeta for rendering an opinion as to whether she is a foreigner under the Foreigners’ Act, 1946 resulting in registration of F.T. Case No. 670/2016, wherein an opinion dated 26.02.2018 had been rendered declaring the petitioner to be a foreigner. Being aggrieved this writ petition is instituted.

¶31

In the writ proceeding, the petitioner relies upon the Voters’ List of 1966 of village Nadial Para Police Station Baghbar in the Barpeta district, which contains the

¶32

Page No.# 3/3

¶33

name of Amzad Ali, son of Ala Uddin at serial no. 45. It is claimed that Amzad Ali, son of Ala Uddin of the Voters’ List of 1966 of village Nadial Para is the father of the petitioner. To substantiate the same a Kabil Nama issued by the Muslim Marriage Registrar cum Kazi Sorbhug is relied upon, which contains the information that Sukurjan Nessa is the daughter of Amzad Ali of village Nadial Para.

¶34

In the circumstance, the matter is remanded back to the Foreigners’ Tribunal, No. 5 at Barpeta to examine the Voters’ List of 1966 of village Nadial Para as well as the Kabil Nama produced by the petitioner which contains the information that Sukurjan Nessa is the is the daughter of Amzad Ali of village Nadial Para. The respondents in Home Department to examine the Muslim Marriage Registrar cum Kazi Sorbhug along with the original Marriage Register and the Home Department also make their own verification and submit the report before the Tribunal. Upon doing the needful the Tribunal may pass a reasoned order.

¶35

The petitioner to appear before the Tribunal on 10.08.2023.

¶36

Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶37

Writ petition stands disposed of in the above terms.

¶38

Send back the LCR immediately.

¶39

JUDGE JUDGE

¶40

Comparing Assistant

Sukurjan Nessa v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

Sukurjan Nessa v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Anowara Begum Vs the Union of India and 4 Ors.

Rahij Uddin @ Raij Uddin Vs the Union of India and 5 Ors.

Rashidul Islam Vs the Union of India and 6 Ors.

Nasir Uddin Vs the Union of India and 6 Ors.

Lalchand Ali @ Md. Lalchan Ali Vs the Union of India and 7 Ors.

Jalil Dewan Vs the Union of India and 5 Ors.