Mustt. Halima Khatoon vs The Union Of India And 3 Ors
2021 Latest Caselaw 1091 Gua

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GAHC010034612021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : I.A.(Civil)/504/2021

            MUSTT. HALIMA KHATOON
            W/O- MD. ICHAMUDDIN, VILL.- POTIA CHAPORI, P.O. DHING, DIST.-
            NAGAON, ASSAM.



            VERSUS

            THE UNION OF INDIA AND 3 ORS.
            REP. BY SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW
            DELHI.

            2:THE STATE OF ASSAM
             REP. BY THE SECRETARY
             HOME DEPARTMENT
             DISPUR
             GUWAHATI-6.

            3:THE FOREIGNERS REGISTRATION OFFICER
             NAGAON
             DIST.- NAGAON
            ASSAM.

            4:THE SUPERINTENDENT OF POLICE (B)

             NAGAON
             ASSAM

Advocate for the Petitioner   : MR N DUTTA

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

              MUSTT. HALIMA KHATOON



               VERSUS

              THE UNION OF INDIA AND 3 ORS. A



              ------------
              Advocate for : MR N DUTTA
              Advocate for : appearing for THE UNION OF INDIA AND 3 ORS. A



                                          :: BEFORE ::
                         HON'BLE MR. JUSTICE N. KOTISWAR SINGH
                         HON'BLE MR. JUSTICE MANISH CHOUDHURY
                                         ORDER

22.03.2021 (N. Kotiswar Singh, J)

Heard Mr. N. Dutta, learned Senior Counsel assisted by Ms. R. S. Choudhury, learned counsel appearing for the applicant as well as Mr. A. Kalita, learned counsel appearing for the State.

2. The present application has been filed for condoning the delay of 2934 days in filing the connected appeal against the final judgment and order dated 07.02.2013 passed by this Court in WP(C) 295/2009.

3. It has been submitted that the delay has occurred for the reason that after the learned Tribunal had passed the ex-parte opinion dated 05.02.2008, the appellant was detained on 09.03.2009 and released only after the Hon'ble Apex Court order passed on 13.04.2020 in I.A. No. 48215/2020 and 48216/2020 in Suo Moto WP(C) No. 1/2020.

4. The learned counsel for the applicant submits that during the time of detention her Page No.# 3/3

husband expired. After the petitioner was released from the detention, she came in contact with certain well-wishers who introduced her to an NGO, Studio Nilima, which had agreed to take up the case of the appellant before this Court and accordingly, the delay has occurred in filing the connected appeal.

5. Mr. A. Kalita, learned counsel for the State submits that considering the fact that the appellant had been in detention, he will not have serious objection to the said application. We are also of the view that the applicant has been able to show sufficient cause for the delay in filing the connected appeal, as she was prevented from approaching this Court earlier due to her detention.

6. We are of the view that citizenship is a very important right of a person without which the person cannot enjoy most of the rights and privileges enforced by the law of the land of the country of which the person is claiming to be a citizen. As such, denying the appellate forum merely because of delay may not just and proper, if the delay has been satisfactorily explained, which has been done in the present case.

7. Accordingly, the present application for condoning the delay of 2934 days in filing the connected appeal is allowed. Delay condoned.

8. Registry is directed to list the appeal after registration on 07.04.2021.

                 JUDGE                                      JUDGE




Comparing Assistant