Reena Gope vs Union Of India And 7 Ors
2022 Latest Caselaw 2861 Gua

                                                                    Page No.# 1/4

GAHC010134762018




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

                          Case No. : WP(C)/4116/2018

         REENA GOPE
         W/O- SRI RAKHAL CHANDRA GOPE, R/O- VILL- MODERTOLI, P.S-
         DOBOKA, DIST- HOJAI, ASSAM



         VERSUS

         UNION OF INDIA AND 7 ORS.
         REP. BY THE SECRETARY TO THE GOVT OF INDIA, MIN OF HOME
         AFFAIRS, CENTRAL SECRETARIAT, P.O- NEW DELHI- 110001

         2:THE STATE OF ASSAM
          REP.. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
          HOME DEPTT
         ASSAM SACHIVALAYA
          DISPUR
          GHY- 06

         3:THE ELECTION COMMISSION OF INDIA
          NIRVACHAN SADAN
         ASHOKA ROAD
          NEW DELHI- 01

         4:OFFICE OF THE STATE COORDINATOR OF NRC
         ASSAM
          1ST FLOOR
         ACHYUT PLAZA
          G S ROAD
          BHANGAGARH
          GHY- 05
          KAMRUP(M)
         ASSAM
                                                                                     Page No.# 2/4

              5:DEPUTY COMMISSIONER
               NAGAON
               P.O AND P.S- NAGAON
              ASSAM

              6:DEPUTY COMMISSIONER
               HOJAI
               P.O
               P.S AND DIST- HOJAI
              ASSAM

              7:SUPERINTENDENT OF POLICE(B)
               NAGAON
               P.O
               P.S AND DIST- NAGAON
              ASSAM

              8:SUPERINTENDENT OF POLICE(B)
               HOJAI
               P.O
               P.S AND DIST- HOJAI
              ASSA

Advocate for the Petitioner   : MR. R PHUKAN

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




                                             BEFORE
                    HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
                         HON'BLE MRS. JUSTICE MALASRI NANDI


                                             ORDER

09-08-2022 (M.R.Pathak, J)

Heard Mr. R. Phukan, learned counsel for the petitioner and Mr. P.S. Bhattacharjee, learned Central Government Counsel for the respondent No. 1. Also heard Mr. J. Payeng, learned Standing counsel, Foreigners' Tribunal, Assam for the respondent Nos. 2, 7 & 8; Mr. A. Bhuyan, learned Standing counsel, Election Commission of India for the respondent No. 3, Ms. L. Devi, learned Standing counsel, NRC for the respondent No. 4 and Ms. U. Das, learned Government Advocate, Page No.# 3/4

Assam for the respondent Nos. 5 & 6.

Perused the relevant records of F.T.(D) Case No. 16/2015 of the Foreigners' Tribunal, Nagaon

10th at Doboka erstwhile District-Nagaon and present District - Hojai, Assam, wherein the impugned judgment was passed by the concerned Tribunal on 16.08.2016 and which is challenged in the present proceeding.

From the case records, it is seen that on 28.02.2006, the Superintendent of Police (Border), Nagaon directed the concerned Investigating Officer to enquire into the matter as the petitioner was found to be a suspected foreigner, who entered into India after 01.01.1966.

Accordingly, FT/C/No /357/06 dated 28.02.2006 was registered against the petitioner, wherein the concerned Investigating Officer of Doboka Police Station in his report after the enquiry observed that the petitioner/proceedee prima-facie appears to have entered into India in between 1966-1971 stream and opined that the matter should be forwarded to the concerned Foreigners' Tribunal for trial.

Thereafter, the SP (Border), Nagaon in the said investigation report/ enquiry report of the concerned Investigating Officer at Doboka Police Station gave his note that the petitioner/proceedee is a suspected foreigner (Bangladeshi National) who entered into India without any valid document and decided to refer the case to the Foreigners' Tribunal for trial under the Foreigners Act, 1946.

However, the case record does not contain the forwarding letter/reference of the Superintendent of Police (Border), Nagaon to the Foreigners' Tribunal, Nagaon.

It is to be noted herein that initially the case of the petitioner was registered before the Foreigners' Tribunal at Hojai as Case No. FT/H/1231/2012 by order dated 13.12.2012 issued by the learned Member, Foreigners' Tribunal, Hojai. Subsequently, in August, 2015, the matter was

transferred back to the Foreigners' Tribunal, Nagaon 10 th at Nagaon wherein it was renumbered as FT(D) No. 16/2015.

On the next date, the Superintendent of Police (Border), Nagaon shall place a copy of the reference/forwarding letter made to the Foreigners' Tribunal, Nagaon, on the basis of which, said F.T. case was registered against the petitioner. It is to be noted herein that at the relevant point of time, Hojai was a part of the district of Nagaon.

List this matter on 01.09.2022.

Copy of this order be furnished to Mr. J. Payeng, learned Standing counsel, Foreigners' Tribunal, Page No.# 4/4

Assam for his necessary use.

                      JUDGE    JUDGE




Comparing Assistant