Partly allowed

Tara Miah v. the Union of India and 5 Ors.

Gauhati HC1 Mar 2023WP(C)/2888/2019

Case brief

AI extract

What is this about?

The Gauhati High Court examined a Writ Petition challenging FT status. Relying on 1966 and 1985 voter lists indicating the petitioner was born to an Indian parent, the Court remanded the matter to the Foreigners Tribunal to pass a reasoned order on citizenship. Pending that, no coercive action was directed.

What did the court decide?

Matter remanded to the Foreigners Tribunal to examine petitioner's citizenship status based on voter lists. No coercive action to be taken.

Tara Miah Vs the Union of India and 5 Ors. — Civil Procedure and Limitation | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010096352019

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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)/2888/2019

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TARA MIAH

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S/O- LT DIRGAZE ALI, VILL- JANIA, P.O. JANIA, P.S. BARPETA, DISTBARPETA, ASSAM, PIN- 781314

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VERSUS

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THE UNION OF INDIA AND 5 ORS. REP. BY THE SECY. TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TILOK MARG, NEW DELHI-1

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2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM DEPTT. OF HOME DISPUR GHY-6

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3:THE ELECTION COMMISSIONER OF INDIA THROUGH ITS SECY. NIRBACHAN BHAWAN NEW DELHI- 1 4:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM BHANGAGARH GHY-5 5:THE DY. COMMISSIONER OF BARPETA P.O. P.S. AND DIST- BARPETA ASSAM

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PIN- 781301

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6:THE SUPERINTENDENT OF POLICE (B) BARPETA DIST- BARPETA ASSAM PIN- 78130

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Advocate for the Petitioner : MR. R ALI

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Advocate for the Respondent : ASSTT.S.G.I. (R1)

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

ORDER

01.03.2023

[A.M.Bujor Barua,j.]

Heard Mr. R. Ali, learned counsel for the petitioner; Ms. L. Devi, learned Standing Counsel for the respondent no. 1; Mr. G. Sarma, learned Standing Counsel for the respondent nos. 2 and 6; Mr. T. Pegu, learned Standing Counsel for the respondent no. 3; Ms. L. Devi, learned Standing Counsel for the respondent no. 4; and Ms. U. Das, learned counsel for the respondent no. 5.

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The petitioner, Tara Miah had been referred to the Foreigners Tribunal No. 1, Barpeta for an opinion as to whether he is person who entered the State of Assam from the specified territory subsequent to 25.03.1971 resulting in registration of FT Case No. 136/2017.

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The petitioner relies upon the Voters’ List of village Jania district Barpeta of 1966 which contain the name of Dizgar Ali son of Ghugur Mamud at serial no. 768 and that of Kabila Khatun wife of Dirgaz Ali at serial no. 769. The petitioner also relies upon the Voters’ List of 1985 of the same village Jania which contain the name of Digaz Ali son of Ghugra at serial no. 1 [207], Kabela Khatun wife of Digaz at serial no. 2 [207] and Tara Miah son of

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Digaz at serial no. 5 [207].

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We have taken note that the house no. of Digaz Ali, Kabela Khatun and Tara Miah as per Voters’ List of 1985 is same and they are residing in the same house. If the information contained in the aforesaid two Voters’ List are correct, prima-facie it appears that the petitioner may be a citizen of India by birth being the son of Dirgaz Ali of the Voters’ List of 1966 of village Jania.

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In view of the above, we remand the matter back to the Tribunal to examine the aforesaid aspect and thereupon pass a reasoned order. If the reasoned order to be passed is in favour of the petitioner, the same prevail over the earlier opinion dated 15.02.2019 rendered by the FT No. 1, Barpeta and if the reasoned order to be passed is against the petitioner, the consequence as per law shall follow.

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The petitioner shall appear before the FT No. 1, Barpeta on 05.04.2023. Till such reasoned order is passed, no coercive action be taken against the petitioner.

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The writ petition is allowed to the extent as indicated above.

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Send back the LCR.

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JUDGE JUDGE

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Comparing Assistant

Tara Miah v. the Union of India and 5 Ors.

Case brief

What is this about?

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Tara Miah v. the Union of India and 5 Ors.

Case brief

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