Allowed

Khalek Ali @ Khalek Miya v. the Union of India and 3 Ors.

Gauhati HC19 Jul 2023WP(C)/7978/2017

Case brief

AI extract

What is this about?

The Court allowed the writ petition arising from the petitioner's declaration as a foreigner by the Foreigners Tribunal. Matters were remanded to the Tribunal to verify identity by comparing the petitioner with an entry in the 1971 voters list. No coercive action to be taken pending the reasoned order. LCR sent back.

What did the court decide?

Matter remanded to Foreigners Tribunal for identity verification; no coercive action till reasoned order is passed; LCR returned.

Khalek Ali @ Khalek Miya Vs the Union… — Constitutional and Fundamental Rights | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010059052017

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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)/7978/2017

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KHALEK ALI @ KHALEK MIYA

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S/O SAYED ALI @ SAIYED ALI MIA R/O VILL- HOWLY, DIST. BARPETA, 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

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HOME DISPUR

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GUWAHATI -6.

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3:THE SUPERINTENDENT OF POLICE B

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BARPETA

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P.O. and DIST. BARPETA ASSAM

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4:THE DEPUTY COMMISSIONER

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BARPETA

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P.O. and DIST. BARPETA ASSA

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Advocate for the Petitioner : MR.N AHMED

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Advocate for the Respondent :

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Page No.# 2/3

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BEFORE HON’BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON’BLE MR. JUSTICE ROBIN PHUKAN

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O R D E R

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19.07.2023

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(A.M. Bujor Barua, J)

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Heard Mr. AR Sikdar, learned counsel for the petitioner. Also heard Mr. B Sarma, learned CGC appearing on behalf of respondents in the Union of India, Ms. L Devi learned counsel for the authorities in the NRC, Mr. G Sarma, learned counsel for the State respondents in the Home Department of Government of Assam, Mr. T Pegu, learned counsel for the Election Commission of India and Mr. PK Medhi, learned counsel for the Deputy Commissioner, Barpeta.

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The petitioner Khalek Ali @ Khalek Miya had been referred to the Foreigners Tribunal No. 10, Barpeta for rendering an opinion as to whether he is a foreigner within the meaning of foreigner under the Foreigners Act, 1946, resulting in registration of FT Case No. 82/2015, wherein an opinion dated 05.10.2017 was 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 upon the voters list of 1971 of village Dakshin Sitoli, police station-Baghbor in the present Barpeta district, which contains the name of A Khalek son of Saiyad at serial No. 227. It is claimed that A. Khalek of the 1971 voters list of village Dakshin Sitoli is the petitioner himself.

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In view of the above, we remand the matter back to the Tribunal to examine as to whether the petitioner proceedee Khalek Ali @ Khalek Miya and A. Khalek of the 1971 voters list of village Dakshin Sitoli are one and the same

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Page No.# 3/3

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person. The respondents in the Home Department may make their own verification and submit a report before the Tribunal. Upon doing the needful, the Tribunal shall pass a reasoned order thereon.

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If the reasoned order is in favour of the petitioner, the same shall prevail over the earlier opinion dated 05.10.2017 and if it goes against the petitioner, consequence as per law shall follow.

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The petitioners shall appear before the concerned Foreigners Tribunal on 14.08.2023. Till the reasoned order is passed, no coercive action be taken against the petitioner.

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The writ petition is allowed as indicated above.

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Send back the LCR immediately.

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JUDGE JUDGE

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Comparing Assistant

Khalek Ali @ Khalek Miya v. the Union of India and 3 Ors.

Case brief

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Khalek Ali @ Khalek Miya v. the Union of India and 3 Ors.

Case brief

What is this about?

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