Remanded

Maziran Nessa@Mustt Mojiran Nessa v. the Union of India and 6 Ors.

Gauhati HC8 Feb 2023WP(C)/641/2023

Case brief

AI extract

What is this about?

This writ petition was filed regarding a Foreigner's Tribunal reference opinion. The High Court remanded the matter back to the FT for the petitioner to exhibit marriage records and examine a school head teacher to prove her father's identity and residency. The court fixed a date for appearance and directed no coercive action until the reasoned order.

What did the court decide?

Remanded to Foreigners Tribunal No. 11, Barpeta to afford opportunity to exhibit marriage and school records for identity proof; fixed appearance date; directed suspension of coercive action.

Maziran Nessa@Mustt Mojiran Nessa Vs… — Constitutional and Fundamental Rights | Gauhati HC (2023)

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GAHC010017332023

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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)/641/2023

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MAZIRAN NESSA@MUSTT MOJIRAN NESSA D/O- MOSTAFA KAMAL @ MOSTAFA, W/O- ABUSAMA, R/O- VILLKHARBALLI, P.O- KALGACHIA, MOUZA- RUPSHI, P.S- KALGACHIA, DISTBARPETA, ASSAM

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VERSUS

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THE UNION OF INDIA AND 6 ORS REP. BY THE SECRETARY, MIN OF HOME AFFAIRS, GOVT OF INDIA, SHASTRI BHAWAN, NEW DELHI- 110001

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2:THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT OF ASSAM HOME DEPTT DISPUR GUWAHATI- 781006 3:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSION NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001

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4:THE STATE COORDINATOR NRC ASSAM 1ST FLOOR ACHYUT PLAZA GS ROAD BHANGAGARH GUWAHATI ASSAM

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PIN- 781005 5:THE DEPUTY COMMISSIONER BARPETA P.O- BARPETA DIST- BARPETA ASSAM PIN- 781301 6:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O- BARPETA DIST- BARPETA ASSAM PIN- 781301 7:THE OFFICER IN CHARGE OF KALGACHIA POLICE STATION P.O- KALGACHIA DIST- BARPETA ASSAM PIN- 78131

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Advocate for the Petitioner : MS. D GHOSH

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Advocate for the Respondent : MS. D GHOSH

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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 : 08.02.2023 (A.M. Bujor Barua, J)

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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, Ms. A Verma, learned counsel for the respondents no. 2, 6 and 7 being the authorities under the Home Department of the Government of Assam, Mr. A Ali, learned counsel for the respondents no. 3 being the Election Commission of India and Ms. U Das, learned counsel for the respondent no. 5 being the Deputy Commissioner, Barpeta.

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The petitioner Maziran Nessa @ Mustt. Mojiran Nessa was referred for an opinion as to whether she is a person who entered the State of Assam from a specified territory subsequent to 25.03.1971 resulting in registration of FT Case No. 1026/2017 in Foreigners’ Tribunal No. 11, Barpeta. The petitioner claims to be the daughter of Mustafa Kamal whose name appeared in the voters’ list of 1985 of village Nichuka and further that the name of Fajar Ali Miya the grandfather of the petitioner appears in the voters’ list of 1970 also of village Nichuka.

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The petitioner claims that she has the Kabin Nama in respect of her marriage which indicates that her father is Mustafa Kamal of village Nichuka and also refers to the school certificate which shows that she is the daughter of Mostafa Ali of village Nichuka.

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In view of the existence of Kabin Nama and school certificate we remand the matter back to the Foreigners’ Tribunal No. 11, Barpeta for giving an opportunity to the petitioner to exhibit the Kabin Nama which may indicate that the father of the petitioner is Mustafa Kamal of village Nichuka as well as to enable the petitioner to examine the Head Teacher of 1993 No. Pub Nichuka LP School from the schools records that her father’s name is Mostafa Ali of village Nichuka.

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The petitioner to appear before the Tribunal on 09.03.2022 and the Tribunal is requested to pass a reasoned order within a period of two months from the date of appearance of the petitioner. The petitioner may also adduce any further material that she may feel necessary for the purpose. Till the reasoned order is passed by the Tribunal 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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JUDGE JUDGE

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Comparing Assistant

Maziran Nessa@Mustt Mojiran Nessa v. the Union of India and 6 Ors.

Case brief

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Maziran Nessa@Mustt Mojiran Nessa v. the Union of India and 6 Ors.

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