Gauhati High Court
Sabita Das vs The Union Of India And 6 Ors on 12 February, 2021
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GAHC010002792020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/182/2020
SABITA DAS
W/O- SOILENDRA DAS @ SOILEN DAS, R/O- VILL- TELEM BAZAR, P.S.
SIMEN CHAPORI, DIST.- DHEMAJI, ASSAM- 787061
VERSUS
THE UNION OF INDIA AND 6 ORS.
REP. BY THE SECY., MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA,
SHASTRI BHAWAN, NEW DELHI, PIN- 110001
2:THE STATE OF ASSAM
THROUGH THE ADDL. CHIEF SECY.
HOME AND POLITICAL DEPTT.
GOVT. OF ASSAM
ASSAM SECRETARIAT
GHY
ASSAM
PIN- 781006
3:THE MEMBER
FOREIGNERS TRIBUNAL-II
LAKHIMPUR
ASSAM- 785690
4:THE SUPERINTENDENT OF POLICE (B)
LAKHIMPUR
ASSAM- 785690
5:THE STATE CO-ORDINATOR
OFFICE OF THE STATE COORDINATOR
NRC
ASSAM
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1ST FLOOR
ACHYUT PLAZA
GS ROAD
BHANGAGARH
GHY
ASSAM
PIN- 781005
6:THE ELECTION COMMISSIONER OF INDIA
ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI
PIN- 110001
7:OFFICER-IN-CHARGE OF SIEMAN CHAPORI
P.S. SIMEN CHAPORI
DIST.- DHEMAJI
ASSAM- 78706
Advocate for the Petitioner : MS. D GHOSH
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE SOUMITRA SAIKIA
:: O R D E R ::
12.02.2021
[N. Kotiswar Singh, J]
Heard Ms. P. Baruah, learned counsel for the petitioner.
Issue notice, returnable within 4 (four) weeks.
Mr. B. Sarma, learned Central Government Counsel accepts notice on behalf of
respondent No.1. Mr. J. Payeng, learned Special Counsel, FT accepts notice on behalf of
respondent Nos. 2, 4 and 7. Ms. L. Devi, learned Standing Counsel, NRC accepts notice on
behalf of respondent No. 5 and Ms. B. Das, learned Standing Counsel, ECI accepts notice on
behalf of respondent No.6.
As the respondent Nos.1, 2 and 4-7 are duly represented, no formal steps need to
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taken in respect of them. However, petitioner shall serve extra copies to the learned counsel
for the above mentioned respondents.
We are of the view that impleadment of respondent No. 3, the Member, Foreigners'
Tribunal-II, Lakhimpur, Assam, who passed the impugned order may not be necessary in the
present proceeding and his name may be deleted unless any malafide is alleged, which is not
the case in the present case.
Accordingly, the name of the respondent No.3, Member, Foreigners' Tribunal-II,
Lakhimpur, Assam stands deleted from the cause-title of this case.
The grievance of the petitioner is that the petitioner had been already declared as
Indian citizen, not a foreigner by the Foreigners Tribunal, Dhemaji in IM(D)T Case No.
1/2002, Case No. FT/DMJ-1142/2007, the State of Assam Vs. Smti Sabita Das vide
judgment dated 26.11.2013.
However, subsequently, the impugned proceeding has been initiated again before the
Foreigners Tribunal: II, Lakhimpur, North Lakhimpur whereby learned Member, Foreigners
Tribunal: II, Lakhimpur, North Lakhimpur gave the opinion that the petitioner is a foreigner
who entered India (Assam) illegally from the specified territory of Bangladesh after 25-3-1971
vide opinion dated 12.09.2019.
The plea was specifically taken before the Foreigners Tribunal-II, Lakhimpur, North
Lakhimpur that the petitioner has been already declared as not a foreigner. Ext.-9, which,
however was not accepted by the Tribunal.
It has been submitted that the Hon'ble Supreme Court in Abdul Kuddus Vs. Union
of India, reported in 2019 (6) SCC 604 has held that the principle of res judicata will also
apply in the proceedings before the Foreigners Tribunal.
The matter needs examination
We are prima facie satisfied that the impugned order needs to be stayed.
Accordingly, in the meantime, the impugned order dated 12.09.2019 passed by the
learned Member, Foreigners Tribunal II, Lakhimpur, North Lakhimpur in Lakhimpur FT-II Case
No. 78/2007 shall remain stayed.
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List the matter again after 4 (four) weeks.
JUDGE JUDGE
Comparing Assistant
