Remanded

Ajifa Begam @ Azifa Begum v. the Union of India and 7 Ors.

Gauhati HC19 Jul 2023WP(C)/3139/2023

Case brief

AI extract

What is this about?

The Gauhati High Court granted a stayed writ petition challenging a Foreigners Tribunal's opinion deeming the petitioner a foreigner. The court remanded the matter for the tribunal to re-examine specific voters' lists and witness evidence, noting a discrepancy in the witness's statement regarding the petitioner's name, and directed no coercive action till the reasoned order. Applicants are success

What did the court decide?

The matter remanded to the Foreigners Tribunal to examine the 1966 voters' list and evidence of witness DW2; coercive action stayed pending reasoned order.

Ajifa Begam @ Azifa Begum Vs the Union of… — Pension and Retirement Benefits | Gauhati HC (2023)

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GAHC010116722023

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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)/3139/2023

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AJIFA BEGAM @ AZIFA BEGUM W/O MD. MAHINOOR RAHMAN @ MD. MAHINUR RAHMAN, R/O VILLSINGIMARI, P.S.-ABHAYAPURI, DIST- BONGAIGAON, ASSAM, PIN-783384

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VERSUS

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THE UNION OF INDIA AND 7 ORS REPRESENTED BY SECRETARY OF THE MINISTRY OF HOME AFFAIRS, UNION OF INDIA, NEW DELHI

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2:THE STATE OF ASSAM REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6

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3:THE ELECTION COMMISSIONER ASSAM STATE ELECTION COMMISSION DISPUR GUWAHATI-6

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4:THE STATE COORDINATOR NRC ASSAM

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5:THE DIRECTOR GENERAL OF POLICE (ADMN.) ASSAM ULUBARI GUWAHATI-7

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6:THE DEPUTY COMMISSIONER

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BONGAIGAON DIST- BONGAIGAON ASSAM PIN-783380 7:THE SUPERINTENDENT OF POLICE (B) BONGAIGAON P.O. AND DIST- BONGAIGAON ASSAM PIN-783380 8:THE MEMBER FOREIGNER TRIBUNAL BONGAIGAON AT ABHAYAPURI FT NO-02 P.S.-ABHAYAPURI P.O.-ABHAYAPURI DIST-BONGAIGAON ASSAM PIN-78338

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Advocate for the Petitioner : MR. K R PATGIRI

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

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BEFORE

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

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ORDER

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Date : 19.07.2023 (A.M. Bujor Barua, J)

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Heard Mr. K.R. Patgiri, learned counsel for the petitioner and Mr. B. Sarma, learned counsel for the respondent No. 1, being the Union of India. Also heard Mr. G. Sarma, learned counsel for the respondents No. 2, 5, 7 and 8, being the authorities in the Home Department; Mr. A.I. Ali, learned counsel for the respondent No. 3, being the authorities in the Election Commission of India; Ms. L. Devi, learned counsel for the respondent No. 4, being the State Co-ordinator of NRC and Mr. P.K. Medhi, learned counsel for the respondent No. 6, being the

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Deputy Commissioner, Bongaigaon.

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The petitioner Ajifa Begam @ Azifa Begum was referred to the Foreigners’ Tribunal No. 2, Bongaigaon at Abhayapuri for rendering an opinion as to whether she is a foreigner under the Foreigners Act, 1946 and accordingly Case No. BNGN/FT-2/APR/354/2017 was registered. The Tribunal had rendered its opinion dated 10.04.2023 by arriving at its conclusion that the petitioner is a foreigner under the Foreigners Act, 1946. Being aggrieved this writ petition is instituted.

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In the writ proceeding, the petitioner relies upon the voters’ list of 1966 of village 250 Bijni, PS Bijni in the present Chirang district which contains the name of Osiruddin son of late Gofuruddin at Sl. No. 138. It is claimed that Osiruddin is the father of the petitioner. To substantiate the same, Osiruddin son of late Gofuruddin of village Purona Bijni had rendered evidence as DW2 before the Tribunal stating that the petitioner Azifa Begam is his daughter. But in the evidence rendered by DW2, it is stated that Hajifa is his daughter.

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In view of the above, we remand the matter back to the Foreigners’ Tribunal No. 2, Bongaigaon at Abhayapuri to examine the aforesaid voters’ list of 1966 of village 250 Bijni as well as the evidence rendered by DW2. The State respondents in the Home Department may cross-examine the DW2 to extract the veracity of the evidence rendered by him as well as may make any further verification, if so advised and thereafter submit a report before the Tribunal. Further the discrepancy in the name given by DW2 as Hajifa and the petitioner proceedee Ajifa Begam @ Azifa Begum be also appropriately decided by the Tribunal.

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Upon doing the needful, the Tribunal to pass a reasoned order. If the reasoned order to be passed is in favour of the petitioner, the same shall prevail

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over the earlier opinion dated 10.04.2023 in Case No. BNGN/FT2/APR/354/2017 and if it is against the petitioner, consequences under law shall follow. The petitioner to appear before the Tribunal on 14.08.2023. Till the reasoned order is passed, no coercive action be taken against the petitioner.

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Writ petition stands disposed of as indicated above.

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Send back the LCR forthwith.

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J U D G E J U D G E

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Comparing Assistant

Ajifa Begam @ Azifa Begum v. the Union of India and 7 Ors.

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Ajifa Begam @ Azifa Begum v. the Union of India and 7 Ors.

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