Remanded

Jaigun Bibi @ Joygun Bibi @ Joygun Begum v. the Union of India and 5 Ors.

Gauhati HC4 May 2023WP(C)/5079/2019

Case brief

AI extract

What is this about?

The Gauhati High Court remanded a Foreigners' Tribunal case to enable a school head master to re-appear with original admission records substantiating the petitioner's citizenship claim before finalizing the opinion.

What did the court decide?

Petitioner to appear before the Tribunal on 19.06.2023; Tribunal to pass reasoned order after receiving original school records; no coercive action till reasoned order.

Jaigun Bibi @ Joygun Bibi @ Joygun… — Constitutional and Fundamental Rights | Gauhati HC (2023)

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GAHC010167932019

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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)/5079/2019

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JAIGUN BIBI @ JOYGUN BIBI @ JOYGUN BEGUM D/O LT. SAMIR ALI @ LT. SAMER ALI, W/O HUSSAIN @ HUSSAIN ALI, R/O VILL. MERGANDA, CHARAIMARI, P.O. HATIPARA, PS. CHHAYGAON, DIST. KAMRUP, ASSAM

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VERSUS

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THE UNION OF INDIA AND 5 ORS.

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REP. BY THE SECRETARY TO THE GOVT. OF INDIA, THE MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TILAK MARG, NEW DELHI-1

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

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3:THE DEPUTY COMMISSIONER KAMRUP AMINGAON PS AND DIST. KAMRUP ASSAM PIN-781031

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4:THE SUPERINTENDENT OF POLICE (B) KAMRUP AMINGAON PS AND DIST. KAMRUP ASSAM PIN-781031

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5:THE ELECTION COMMISSIONER OF INDIA NEW DELHI-1

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

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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

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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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04.05.2023

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[A.M.Bujor Barua, J.]

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Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel for the respondent no. 1; Mr. G. Sarma, learned counsel for the respondent nos. 2, and 4; Ms. U. Das, learned counsel for the respondent no. 3; and Mr. A.I. Ali, learned counsel for the respondent no. 5.

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The petitioner Jaigun Bibi @ Joygun Bibi @ Joygun Begum had been referred to the Foreigners’ Tribunal No. 1, Kamrup (Rural), for rendering an opinion as to whether she is a person who entered the State of Assam from the specified territory on or after 25.03.1971 resulting in registration of GFT (R) Case No. 1237/2017, wherein an opinion dated 12.11.2018 had been rendered declaring the petitioner to be a foreigner. Being aggrieved this writ petition is instituted.

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In the writ proceeding, the petitioner relies on the Voters’ List of 1966 of village Merganda, P.S. Chhaygaon in the Kamrup district, which contains the name of Samir Ali, son of Bheluku at serial no. 123. The petitioner also relies on the Admit Card of HSLC issued by the Board of Secondary Education, Assam which contains the information that Jaigun Nessa is the daughter of Samer Ali. The petitioner had attended Barbhita Anchalick High School and the head master of the said school had

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deposed before the Tribunal as DW5. In his deposition the head master had stated that Jaigun Nessa is the daughter of Samer Ali of village Merganda.

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If the statement of the head master is to be accepted, the petitioner may have discharged the burden under Section 9 of the Foreigners’ Act, 1946 that she is a citizen of India inasmuch as Samir Ali’s name is available in the Voters’ List of 1966 of village Merganda. But it is noticed that the DW5 head master has made oral deposition before the Tribunal and there is no indication that the admission register of the school in origin has been produced.

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In the circumstance, the matter is remanded back to the Foreigners’ Tribunal No. 1, Kamrup (Rural) to enable the DW5 head master of Barbhita Anchalick High School to re-appear before the Tribunal along with the original school records which may contain the information that Jaigun Nessa is the daughter of Samer Ali of village Merganda. The respondents in the Home Department may also make their own verification in the meantime and submit the report before the Tribunal

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After the materials being produced, the Tribunal may pass a reasoned order. 7. The petitioner to appear before the Tribunal on 19.06.2023.

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If the reasoned order is in favour of the petitioner, the same shall prevail over the opinion dated 12.11.2018 passed in GFT (R) Case No. 1237/2017 and if against, consequence under the law is applicable to the petitioner.

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

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Writ petition stands disposed of in the above terms.

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Send back the LCR immediately.

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JUDGE JUDGE

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Comparing Assistant

Jaigun Bibi @ Joygun Bibi @ Joygun Begum v. the Union of India and 5 Ors.

Case brief

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Jaigun Bibi @ Joygun Bibi @ Joygun Begum v. the Union of India and 5 Ors.

Case brief

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What did the court decide?

What the court decided

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