Remanded

Ala Uddin v. the Union of India

Gauhati HC15 Feb 2023WP(C)/487/2018

Case brief

AI extract

What is this about?

In a Writ Petition challenging a Foreigner's Tribunal opinion, the Gauhati High Court allowed the petitioner to produce voters lists of 1970 and 1989 to prima facie establish Indian citizenship. The matter was remanded to the Tribunal for a reasoned order, with a stay on coercive action.

What did the court decide?

Petitioner allowed to exhibit voters lists of 1970 and 1989; matter remanded to Tribunal; no coercive action against petitioner; petition allowed.

Ala Uddin Vs the Union of India — Gauhati HC (2023) — LawSathi Research

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Page No.# 1/3

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GAHC010015782018

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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)/487/2018

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ALA UDDIN

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S/O. LT. MAKHAL MIYA, VILL. BALIRAM GAON, WARD NO.3, P.S. JAMUNAMUKH, DIST. HOJAI/NAGAON, ASSAM

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VERSUS

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THE UNION OF INDIA

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REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI

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2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY.

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3:THE DY. COMMISSIONER

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HOJAI DIST. HOJAI ASSAM

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4:THE CHIEF ELECTION OFFICER

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THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI DELHI

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5:THE OFFICE OF THE STATE COORDINATOR OF NATIONAL REGISTRATION (NRC) ASSAM

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Page No.# 2/3

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REP. BY IT'S COORDINATOR 1ST FLOOR ACHYUT PLAZA BHANGAGARH GHY. ASSAM

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6:THE SUPDT. OF POLICE (B) HOJAI DIST. HOJAI ASSAM 7:THE OFFICER IN CHARGE JAMUNAMUKH POLICE STATION DIST. HOJAI ASSA

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Advocate for the Petitioner : G UDDIN

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Advocate for the Respondent : ASSTT.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 : 15-02-2023

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(Achintya Malla Bujor Barua, J)

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Heard Mr. G Uddin, learned counsel for the petitioner.

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Also heard Ms. L Devi, learned counsel appearing on behalf of respondent Nos.1 and 5, Ms. G Sarma, learned standing counsel appearing for respondent Nos.2, 6 and 7, Ms. U Das, learned counsel appearing for the respondent No.3 and Mr. A. I. Ali, learned counsel appearing for respondent No.4.

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The petitioner was referred to the Foreigner’s Tribunal No.10, Nagaon for an opinion as to whether he is a person who entered the State of Assam through the specified territory subsequent to 25.03.1971. Although the petitioner could not produce the appropriate documents before the Tribunal but before this Court by means of additional affidavit the voters list of 1970 of village Nam Doboka Gaon, PS

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Page No.# 3/3

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Hojai, District – Nagaon has been produced wherein, the name of Mekai Miya S/o of Mosab appears at serial No.400.

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The petitioner has also produced the voters list of 1989 of village Nam Doboka Gaon, P.S Hojai, wherein at serial No.884 in respect of House No.149, the name of Mekai Miya Mazumder, S/o Mosab appears and at serial No.886 the name of Alauddin, S/o Mekai appears, both in respect of House No.149.

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If the voters list of 1970 and 1989 of village Nam Doboka Village is accepted, the petitioner prima facie establishes that he is the son of Mekai Miya of 1970 voters list and therefore, he has to be considered as a citizen of India.

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Accordingly the matter stands remanded back to the Tribunal, wherein the petitioner would be allowed to exhibit the two aforesaid voters list of 1979 and 1989 of village Nam Doboka Gaon as well as any further document as the petitioner may desire.

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Accordingly, the petitioner shall appear before the Tribunal on 22.03.2023. Upon the aforesaid material 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 30.10.2017 passed in F.T(D). Case No.867/2008 by the Foreigners Tribunal, Nagaon, Court No.10 at Sankardev Nagar, Hojai, Assam and if it is against, the implications under the law may follow.

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Till such 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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Send back the LCR.

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J U D G E J U D G E

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Comparing Assistant

Ala Uddin v. the Union of India

Case brief

What is this about?

What did the court decide?

Ala Uddin v. the Union of India

Case brief

What is this about?

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