Remanded

Kamala Khatun v. the Union of India and 7 Ors.

Gauhati HC8 May 2023WP(C)/6007/2018

Case brief

AI extract

What is this about?

In a writ petition challenging a Foreigners Tribunal declaration, the Gauhati High Court directed the Tribunal to re-examine the petitioner's case by considering voters' lists from 1966 and 1970 and the evidence of a relative stating she is his daughter, ordering cross-examination and a reasoned order.

What did the court decide?

Matter remanded to the Foreigners Tribunal to examine voters' lists of 1966 and 1970 and consider evidence of Hamed Khan regarding petitioner's identity, with direction to cross-examine DW3 and pass a

Kamala Khatun Vs the Union of India… — Constitutional and Fundamental Rights | Gauhati HC (2023)

¶1

Page No.# 1/5

¶2

GAHC010187092018

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/6007/2018

¶5

KAMALA KHATUN W/O HANIF ALI D/O HAMED KHAN R/O VILL- SATRA KANARA, P.S. BAGHBAR, DIST. BARPETA, ASSAM, PIN - 781308.

¶6

VERSUS

¶7

THE UNION OF INDIA AND 7 ORS.

¶8

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

¶9

2:THE STATE OF ASSAM

¶10

REP. BY THE SECRETARY TO THE GOVT. OF ASSAM

¶11

HOME DEPARTMENT DISPUR GUWAHATI - 781006.

¶12

3:THE ELECTION COMMISSION OF INDIA

¶13

REP. BY THE CHIEF ELECTION COMMISSION NIRVACHAN SADAN

¶14

ASHOKA ROAD

¶15

NEW DELHI- 110001.

¶16

4:THE STATE CO-ORDINATOR

¶17

NATIONAL REGISTRATION OF CITIZENS

¶18

Page No.# 2/5

¶19

ASSAM 1ST FLOOR ACHYUT PLAZA G.S. ROAD BHANGAGARH GUWAHATI ASSAM PIN - 781005.

¶20

5:THE FOREIGNERS TRIBUNAL NO. 6TH

¶21

BARPETA ASSAM DIST. BARPETA ASSAM PIN - 781301.

¶22

6:THE DEPUTY COMMISSIONER

¶23

BARPETA P.O. AND P.S. BARPETA DIST. BARPETA ASSAM PIN - 781301.

¶24

7:THE SUPERINTENDENT OF PLICE (BORDER)

¶25

BARPETA P.O. AND P.S. BARPETA DIST. BARPETA ASSAM PIN - 781301.

¶26

8:THE OFFICER-IN-CHARGE OF BAGHBAR POLICE STATION

¶27

P.O. BAGHBAR DIST. BARPETA ASSAM PIN - 781308

¶28

Advocate for the Petitioner : MS. D GHOSH

¶29

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

¶30

Page No.# 3/5

¶31

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

¶32

ORDER

¶33

Date : 08.05.2023 (AM Bujor Barua, J)

¶34

Heard Ms. D Ghosh, learned counsel for the petitioner. Also heard Ms. L Devi, learned counsel for the respondents no. 1 and 4 being the authorities under the Union of India and NRC respectively, Mr. G Sarma, learned counsel for the respondents no. 2, 5, 7 and 8 being the authorities under the Home Department of Government of Assam, Mr. AI Ali, learned counsel for the respondent no. 3 being the Election Commission of India and Ms. U Das, learned counsel for the respondent no. 6 being the Deputy Commissioner, Barpeta.

¶35

The petitioner Kamala Khatun had been referred to the Foreigners’ Tribunal No. 6, Barpeta 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 Case No. FT -96/2016. The Tribunal rendered an opinion dated 13.06.2018 declaring the petitioner to be a foreigner.

¶36

Being aggrieved, this writ petition is instituted.

¶37

In the writ proceeding the petitioner relies on the voters’ list of 1966 of village Baroli which contains the name of Saiod Kha, S/O Marat at Sl. No. 32 and that of Jaymon Ness, W/O Sayed Kha at Sl. No. 33. The petitioner also refers to the voters’ list of 1970 of village Baroli containing the name of Saiod Kha, S/O Marat Kha at Sl. No. 45 and that of Hamed Kha, S/O Sayed Kha at Sl. No. 47 where both of them are shown to be residing in the same House No. 13. It is

¶38

Page No.# 4/5

¶39

stated that Hamed Kha, S/O of Sayed Kha of village Baroli had also rendered evidence as DW3 wherein he had deposed that Kamala Khatun is his own daughter.

¶40

In view of the above, the matter is remanded back to the Tribunal to examine the voters’ lists of 1966 and 1970 of village Baroli which contains the name of Saiod Kha, S/O Marat and Hamed Kha, S/O Sayed Kha and also the evidence of Hamed Khan himself wherein he states that Kamala Khatun is his daughter.

¶41

The respondents in the Home Department may cross examine the DW3 Hamed Khan to extract the veracity of his evidence that Kamala Khatun is his daughter. For the purpose, the matter is remanded back to the Tribunal. The respondents in the Home Department may make their own verification on the authenticity of the evidence of Hamed Khan and submit a report. The petitioner to produce any further material if so advised. Upon doing the needful, the Tribunal to pass a reasoned order.

¶42

The petitioner to appear before the Tribunal on 16.06.2023.

¶43

If the reasoned order is in favour of the petitioner, the same shall prevail over the opinion dated 13.06.2018 passed in Case No. FT-96/2016 and if against, consequence under the law is applicable to the petitioner.

¶44

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

¶45

Send back the LCR.

¶46

Writ petition stands disposed of in the above terms.

¶47

JUDGE JUDGE

¶48

Page No.# 5/5

¶49

Comparing Assistant

Kamala Khatun v. the Union of India and 7 Ors.

Case brief

What is this about?

What did the court decide?

Kamala Khatun v. the Union of India and 7 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Amaya Das and 4 Ors. Vs the Union of India and 7 Ors.

Amarchand Das and 5 Ors. Vs the Union of India and 7 Ors.

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

Samser Ali @ Sangser Ali Vs the Union of India and 3 Ors.

Afruja Begum @ Afuza Bibi Vs the Union of India and 7 Ors.

Shyamala Arjya @ Shyamala Bala Arjya Vs the Union of India and 5 Ors.