Allowed

Rahima Begam @ Rahima Khatun v. the Union of India and 5 Ors.

Gauhati HC16 Feb 2023WP(C)/3187/2020

Case brief

AI extract

What is this about?

The Gauhati High Court allowed the writ petition of a petitioner referred to the Foreigners Tribunal. The Court remanded the matter to the Tribunal to examine a school headmaster and records to verify the petitioner's parentage and citizenship claim. The Court directed that no coercive action be taken against the petitioner and set a date for her appearance before the Tribunal.

What did the court decide?

Matter remanded to Foreigners Tribunal to examine Headmaster and school records; no coercive action against petitioner pending this.

Rahima Begam @ Rahima Khatun Vs the… — Constitutional and Fundamental Rights | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010108552020

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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)/3187/2020

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RAHIMA BEGAM @ RAHIMA KHATUN W/O MD. AMBAR ALI, D/O LATE ATOWAR RAHMAN @ ATAR ALI, VILLAGE NADIA, PS MUKALMUA, DIST NALBARI ASSAM

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VERSUS

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THE UNION OF INDIA AND 5 ORS.

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REPRESENTED BY THE SECY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS , SHASTRI BHAWAN, TILAK MARG, NEW DELHI 110001

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2:THE STATE OF ASSAM

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT DISPUR GUWAHATI 781006

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3:THE DEPUTY COMMISSIONER OF NALBARI PO NALBARI

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DIST NALBARI ASSAM 782001

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4:THE SUPERINTENDENT OF POLICE (B) NALBARI PO NALBARI

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DIST NALBARI ASSAM 782001

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5:THE ELECTION COMMISSIONER OF INDIA NEW DELHI

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6:THE ASSAM STATE CO ORDINATOR OF NRC BHANGAGARH GUWAHATI 78100

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Page No.# 2/3

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

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ORDER

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Date : 16-02-2023

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(Achintya Malla Bujor Barua, J)

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Heard Mr. A.R. Sikdar, learned counsel for the petitioner.

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Also heard Ms. L Devi, learned counsel appearing for NRC and Union of India, Ms. G Sarma, learned standing counsel appearing for Foreigners Tribunal, Mr. A. I. Ali, learned standing counsel appearing for Election Commission of India and Ms. U Das, learned counsel appearing for the Deputy Commissioner.

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The petitioner Musstt. Rahima Begum @ Rahima Khatun, aged 45 years was referred to the Foreigners Tribunal No.3, Nalbari for an opinion as to whether she is a person who entered the State of Assam subsequent to 25.03.1971. Before the Tribunal the petitioner relied upon the voters list of 1970 of village Sonertary, Mouza Chenga, Sub-division Barpeta, wherein at serial No.113 the name of Atar Ali s/o Goni appears. The petitioner claims that Atar Ali s/o Goni of the 1970 voters list of village Sonertary, Mouza Chenga, Sub-division Barpeta is her father. To establish the same the petitioner also relied upon a school certificate issued by the Headmaster of Sonertary LP School but it is stated that Headmaster of the School alongwith the school records had not been examined before the Tribunal. The law regarding evidentiary value in respect of a school certificate had been settled by the Division Bench of this Court in its judgment dated 03.01.2019 in

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WP(C) No.3056/2018, wherein it has been held that the contents of the School Certificate can be proved in evidence by examining the Headmaster of the School along with the original of the School records being produced which may indicate the information contained in the certificate.

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For the ends of justice, the matter is remanded back to the Tribunal to examine the Headmaster of Sonertary LP School along with the school records to establish that she is the daughter of Atar Ali, s/o Goni whose name appears in the 1970 voters list of Sonertary.

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The petitioner to appear before the Tribunal on 24.03.2023. Upon the aforesaid materials being produced, the Tribunal shall pass a reasoned order upon the claim of the petitioner and if the reasoned order to be passed is in favour of the petitioner, the same would prevail over the opinion dated 08.11.2019, rendered in F.T.(Nal)-3 Case No.523/2019 and it is against, the implications under the law may follow.

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Send back the LCR.

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

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The petition stands allowed as indicated above.

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J U D G E J U D G E

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Comparing Assistant

Rahima Begam @ Rahima Khatun v. the Union of India and 5 Ors.

Case brief

What is this about?

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Rahima Begam @ Rahima Khatun v. the Union of India and 5 Ors.

Case brief

What is this about?

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