WP(C)/5043/2019
2021 Latest Caselaw 3070 Gua

GAHC010166952019




                             IN THE GAUHATI HIGH COURT
               (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)

                                    PRINCIPAL SEAT AT GUWAHATI

                                       WP(C) No. 5043/2019


                   Ashrabala Bhadra,
                   W/O Deben Bhadra,
                   resident of Gogamukh Railway Colony,
                   PS-Gogamukh, District-Dhemaji,
                   Pin-787057.
                                                                              ......Petitioner.
                         -Versus-

                   1.    The Union of India,
                         represented by the Home Secretary, Govt. of India.
                   2.    The Election Commission of India,
                         represented by Chief Election Commissioner,
                         New Delhi-110001.
                   3.    The State of Assam,
                         represented by the Commissioner & Secretary to the
                         Government of Assam, Home Department,
                         Dispur, Guwahati-781006.
                   4.    The State Coordinator,
                         National Register of Citizenship (NRC),
                         Assam, Bhangagarh, Guwahati-781005.
                   5.    The Deputy Commissioner,
                         District-Dhemaji, Pin-787057.
                   6.    The Superintendent of Police (Border),
                         District-Dhemaji, Pin-787057, Assam.
                   7.    The Officer-In-Charge,
                         Police Station-Gogamukh, District-Dhemaji,
                         Assam.
                                                                         ......Respondents.

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                              BEFORE
              HON'BLE MR. JUSTICE N. KOTISWAR SINGH
               HON'BLE MRS. JUSTICE MALASRI NANDI



For the Petitioner:        Mr. N. Sarkar,
                           Mr. P.K. Basu.                     ......Advocates.


For the Respondents:       Asstt.S.G.I.,
                           Mr. P.S. Lahkar, SC, NRC,
                           Ms. A. Verma, SC, FT,
                           Mr. A.I. Ali, SC, ECI,
                           Ms. K. Phukan, Jr. GA, Assam.      ......Advocates.



Date of Hearing & Judgment :      24th November, 2021



                       JUDGMENT AND ORDER (ORAL)

[N. Kotiswar Singh, J.]

Heard Mr. N. Sarkar, learned counsel for the petitioner. Also heard Mr. P.S.

Lahkar, learned counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned

Asstt. Solicitor General of India for the respondent No.1 as well as appearing as

standing counsel NRC, for respondent No.4; Ms. A. Verma, learned special

counsel, FT, appearing for respondent Nos.3, 6 and 7; Mr. A.I. Ali, learned

standing counsel, ECI, appearing for respondent No.2 and Ms. K. Phukan,

learned Junior Government Advocate, Assam, appearing for respondent No.5.

WP(C) 5043/2019 Page - 2 of 4

2. Considering the nature of this case, we are of the view that the matter

can be remanded to the learned Foreigners' Tribunal for a fresh reconsideration.

3. The present petition has been filed challenging the opinion of the learned

Tribunal dated 17.12.2018 passed by the learned Member, Foreigners Tribunal,

Dhemaji, Assam, in F.T. Case No.1275/2007 by which the petitioner was

declared a foreigner of post 1971 stream.

4. It appears that though the petitioner had filed written statement along

with documents and also adduced evidence of herself and was cross-examined,

on subsequent dates fixed on 27.09.2018, 23.10.2018, 22.11.2018 and

03.12.2018, the petitioner could not appear before the Tribunal resulting in

passing of the impugned order without any further hearing of the petitioner.

5. In this regard, learned counsel for the petitioner has submitted that the

petitioner could not appear before the learned Tribunal on the dates mentioned

above because of the reasons mentioned in paragraphs 5 and 6 of this petition

as she was seeking advice to prove the genuineness of the documents by

sending notice to the issuing authorities i.e. to the Electoral Registration Officer,

Udalguri and Gaonburah of Balisiha Habi of Rowta, Udalguri with endorsement

of the learned Member, Foreigners' Tribunal, Dhemaji. Thus, the petitioner was

attempting to procure presence of the officials to prove certain documents,

which could have relevance to the case of the petitioner. Unfortunately, the

matter was proceeded as mentioned above and the petitioner was declared a

WP(C) 5043/2019 Page - 3 of 4 foreigner.

6. We are of the view that considering the materials on record and the fact

that the petitioner was making attempts to get material evidence and also by

way of examining the concerned officials, the petitioner may be given another

opportunity to appear before the Tribunal to adduce evidence in support of her

claim that she is not a foreigner but an Indian.

7. Accordingly, we set aside the impugned order dated 17.12.2018 passed

by the learned Member, Foreigners Tribunal, Dhemaji, Assam, in F.T. Case

No.1275/2007 and remand the matter to the learned Tribunal for a fresh

reconsideration by allowing the petitioner to adduce evidence, and also by

calling such officials through the Tribunal as may be necessary to prove her

case, for which the petitioner will appear before the learned Tribunal on or

before 24.12.2021 and the learned Tribunal will proceed with the matter as per

the observations made above, and in accordance with law.

8. With the above observations and directions, the petition stands disposed

of.

                  Sd/- Malasri Nandi               Sd/- N. Kotiswar Singh
                         JUDGE                              JUDGE




Comparing Assistant



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