Remanded

Jorina Khatun @ Jarina Khatun v. the Union of India and 5 Ors.

Gauhati HC9 May 2023WP(C)/7294/2022

Case brief

AI extract

What is this about?

Petitioner challenged the foreigner status opinion by Foreigners Tribunal No.6. Court directed remand to the Tribunal for petitioner to examine the Kazi who issued Kabinama, respondents to verify identity, and passed coercive action stay until reasoned order.

What did the court decide?

Remanded to Foreigners Tribunal No.6 for examination of Kazi and verification; stay on coercive action pending reasoned order.

Jorina Khatun @ Jarina Khatun Vs the Union of India and 5… — Narcotics (NDPS) | Gauhati HC (2023)

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GAHC010229602022

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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)/7294/2022

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JORINA KHATUN @ JARINA KHATUN D/O- LT. JURAN ALI, W/O- LUTFAR RAHMAN, VILL- KHALISABHITA, P.S. LAKHIPUR, DIST.- GOALPARA, ASSAM

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VERSUS

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THE UNION OF INDIA AND 5 ORS REP. BY THE SECY. TO THE GOVT. OF INDIA, HOME DEPTT., NEW DELHI-1

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2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-06

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3:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOK ROAD NEW DELHI PIN- 110001

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4:THE DY. COMMISSIONER KAMRUP (M) DIST.- KAMRUP (M) ASSAM PIN- 781031 5:THE DY. COMMISSIONER OF POLICE (B) KAMRUP (M) DIST.- KAMRUP (M) ASSAM PIN- 781031

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6:THE STATE COORDINATOR NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GHY-0

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Advocate for the Petitioner : MR. M I HUSSAIN

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

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

ORDER

09.05.2023

(AM Bujor Barua, J)

Heard Mr. MI Hussain, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC for the respondents in the Union of India as well as for the authorities under the NRC, Mr. AI Ali, learned counsel for the authorities under the Election Commission of India, Mr. G Sharma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam as well as the Deputy Commissioner of Police (Border), Kamrup(M) and Ms. U Das, learned Government Advocate for the Deputy Commissioner, Kamrup(M).

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The petitioner, Jorina Khatun @ Jarina Khatun, was referred to the Foreigners Tribunal No.6^th at Goalpara, for rendering an opinion as to whether she is a person who had entered the State of Assam on or after 25.03.1971 resulting in the registration of Case No.F.T(6)-1088/GLP/19 wherein an opinion

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dated 31.03.2022 was rendered declaring the petitioner to be a person who had entered the State of Assam from the specified territory on or after 25.03.1971.

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3. Being aggrieved this writ petition is instituted.

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The petitioner relies upon the voters list of 1966 of village Tarangajhar, P.S. South Salmara, in the present South Salmara Mankachar district which contains the name of Asmotullah, son of Binod at Sl.No.215 and that of Sorful Bibi wife of Asmotullah at Sl.No.216 where both are shown to be residing in the same House No.88.

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The petitioner thereafter relies upon the voters list of 1979 of village Tharangajhar which contains the name of Sarful Bibi wife of Azmat Ali at Sl.No.212 and that of Juran Ali, son of Azmat Ali at Sl.No.213. It is claimed that Juran Ali is the father of the petitioner by showing that the name of Juran Ali and Sarful Bibi appearing in the same voters list and again the name of Sarful Bibi appears in the voters list of 1966 of village Tarangajhar. Accordingly it is stated that the citizenship of Juran Ali can also be determined. The petitioner thereafter relies upon a Kabinama which contains the information that Jorina Khatun is the daughter of Juran Ali of village Tarangajhar. But it is stated that the Kazi who had issued the Kabinama had not been examined.

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In the aforesaid circumstance, the matter stands remanded back to the Tribunal to enable the petitioner to examine the Kazi who had issued the Kabinama by producing the original marriage register. The respondents, in the

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Home Department, may also make their own verification as to whether Juran Ali referred in the Kabinama and the Juran Ali of the 1979 voters list of village Tharangajhar are one and the same person.

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Accordingly, the petitioner shall appear before the Tribunal on 17.06.2023. The petitioner may also adduce any further evidence to establish her case, if so advised.

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The Tribunal upon doing the needful and after examining the evidences and materials shall pass a reasoned order. In the event, the reasoned order is in favour of the petitioner, the same shall prevail over the opinion dated 31.03.2022 of the Foreigners Tribunal No.6^th at Goalpara in Case No.F.T(6)1088/GLP/19 and if it is against the petitioner, consequential action under the law shall follow.

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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.

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JUDGE JUDGE

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Comparing Assistant

Jorina Khatun @ Jarina Khatun v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

Jorina Khatun @ Jarina Khatun v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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