Allowed

Jel Hussain Mandal @ Jel Hussain v. the Union of India and 3 Ors.

Gauhati HC16 Feb 2023WP(C)/6973/2017

Case brief

AI extract

What is this about?

Writ petition challenging detention order as foreigner. Court remanded matter to Foreigners Tribunal to verify citizenship based on sale deed and voter list evidence.

What did the court decide?

Petition allowed; matter remanded to Tribunal; no coercive action against petitioner till reasoned order.

What the court decided

Jel Hussain Mandal @ Jel Hussain Vs the Union of… — Writ and Judicial Review | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010147862017

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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)/6973/2017

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JEL HUSSAIN MANDAL @ JEL HUSSAIN S/O. JOYNAL ABEDIN MONDAL @ JOYNAL ABEDIN, VILL. BALARCHAR, P/O KIRTANPARA, P/S ABHAYAPURI, DIST. BONGAIGAON, ASSAM.

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VERSUS

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THE UNION OF INDIA and 3 ORS. REP. BY THE MINISTRY OF HOME AFFAIRS, NEW DELHI.

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2:THE STATE OF ASSAM REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GUWAHATI-71006.

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3:THE DY. COMMISSIONER BONGAIGAON DIST. BONGAIGAON.

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4:THE SUPERINTENDENT OF POLICE B BONGAIGAON ASSAM

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Advocate for the Petitioner : MR.J M SULAIMAN

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

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Page No.# 2/3

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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. Matin, learned counsel for the petitioner.

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Also heard Ms. L Devi, learned counsel for the respondent No.1, Ms. G Sarma, learned counsel for respondent Nos.2 and 4, and Ms. U Das, learned counsel for respondent No.3.

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The petitioner Jel Hussain Mandal @ Jel Hussain was referred to the Foreigners Tribunal, Bongaigaon No.2, Abhyapuri for an opinion as to whether he is a person who entered the State of Assam subsequent to 25.03.1971.

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The petitioner refers to a sale deed of the year 1967 in respect of village Balarchar, presently under Abhyapuri PS which was earlier under the undivided Goalpara district to show that Md. Joynal Abedin Mondal @ Joynal Abedin s/o Osman Akond had purchased a plot of land in the year 1967. The petitioner also referred to the voters list of 1989 of village Balarchar under Abhayapuri station wherein at serial No.200 the name of Md. Joynal Abedin Mondal @ Joynal Abedin s/o Osman Akond appears and at serial 304 the name of Jel Hussain s/o of Joynal Abedin appears and both of them are shown to be residents of the same house No.102.

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The petitioner accordingly seeks to establish that he is a citizen of India being s/o Joynal Abedin who has also purchased a plot of land in the year 1967.

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In view of the above, the matter remanded back to the Tribunal for consideration as to whether the sale deed of the land in respect of the

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Page No.# 3/3

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village Balarcher, the voters list of the year 1989 of village Balarcher gives an indication that the petitioner is the son of Joynal Abedin who has purchased the land in the year 1967.

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The petitioner shall appear before the Tribunal on 27.03.2023. 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 24.10.2017, rendered in Case No.BNGN/FT-2/APR/03/2016 arising out of REF:BNGN IMDT Case No.1857/04 and if it is against, the implications under the law may follow.

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Till the reasoned order is passed, no coercive action 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

Jel Hussain Mandal @ Jel Hussain v. the Union of India and 3 Ors.

Case brief

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Jel Hussain Mandal @ Jel Hussain v. the Union of India and 3 Ors.

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