Gauhati High Court
Asia Khatun @ Ashiya Khatoon vs The State Of Assam And 5 Ors on 19 July, 2022
Page No.# 1/5
GAHC010100202022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3863/2022
ASIA KHATUN @ ASHIYA KHATOON
D/O. LT. BAHAR ALI, W/O. SAFARUDDIN @ SAFIRUDDIN, R/O. VILL. HERA
PATTY, P.S. NAGAON (SADAR), DIST. NAGAON, ASSAM.
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECY., GOVT. OF ASSAM, HOME
DEPTT., DISPUR, GUWAHATI-06.
2:THE DEPUTY COMMISSIONER
NAGAON
DIST. NAGAON
ASSAM
PIN-782001.
3:THE SUPDT. OF POLICE
NAGAON
DIST. NAGAON
ASSAM
PIN-782001.
4:THE ELECTORATE REGISTRATION OFFICER
NAGAON
DIST. NAGAON
ASSAM
PIN-782001.
5:THE UNION OF INDIA
Page No.# 2/5
REP. BY THE SECRETARY
MINISTRY OF HOME AFFAIRS
NEW DELHI-01.
6:THE STATE CO-ORDINATOR OF NRC
P.O. AND P.S. BHANGAGARH
DIST. KAMRUP (M)
GUWAHATI-781005
ASSAM
Advocate for the Petitioner : MS. G BORAH
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
19.07.2022
(Parthivjyoti Saikia, J)
Heard the learned counsel Ms. G. Borah appearing for the
petitioner. Also heard Ms. K. Phukan, learned Government Advocate; Ms.
L. Devi, learned Standing Counsel, NRC; Mr. H. Gupta, learned Central
Government Counsel; A. Bhuyan, learned Standing Counsel, Election
Commission of India and Mr. G. Sarma, learned Standing Counsel,
Foreigners' Tribunal, Assam.
2. This is an application under Article 226 of the Constitution of India
whereby the ex parte order dated 07.09.2021 passed by the Foreigners'
Tribunal No.1 Nagaon, Assam in F.T. Case No.936 of 2012 (D) is put to
challenge.
3. On a reference made by the Superintendent of Police (Border),
Page No.# 3/5
Nagaon under S.P.(B) reference D/Case No.1179/1998, the Tribunal issued
a notice to the petitioner asking her to prove her Indian citizenship. In
response to the notice, the petitioner appeared before the Tribunal on
29.08.2019 and 26.12.2019 and filed her written statement. Thereafter,
the Tribunal posted the matter on 27.01.2020 for adducing evidence by
the petitioner.
4. On 27.01.2020, the petitioner prayed for an adjournment and on the
subsequent date i.e. on 24.02.2020, the petitioner again prayed for an
adjournment. The prayers were allowed by the Tribunal.
5. On 03.07.2020, 06.08.2020, 29.09.2020 and 17.11.2020, the petitioner
did not appear before the Tribunal and the Tribunal agreed that
because of COVID-19 pandemic the petitioner could not appear.
6. Thereafter, on 11.01.2021, the counsel for the petitioner could not
appear before the Tribunal and for that reason the matter was
adjourned.
7. On subsequent dates, i.e. On 01.03.2021 and 08.04.2021, the
petitioner was absent without any steps. The Tribunal decided to
proceed ex parte against the petitioner. Subsequent to those dates, the
ex parte hearing did not take place because of COVID-19. Finally, on
07.09.2021, the Tribunal passed the judgment ex parte declaring the
petitioner to be a foreigner of post 25.03.1971 stream.
8. We have considered the submissions made by the learned counsel
for both sides.
9. In the case in hand, the petitioner has filed the written statement on
26.12.2019 along with some documents. It goes to show that there was
no deliberate attempt on the part of the petitioner to evade the process
Page No.# 4/5
of law. The order sheet of the Tribunal also shows that because of COVID-
19 pandemic the Tribunal did not function properly. It has been
submitted that the petitioner has sufficient documents to prove her
citizenship. Therefore, she has prayed for a chance to prove that she is
not a foreign national but a citizen of India.
10. Under the aforesaid circumstances, we are of the opinion that the
petitioner deserves to be given an opportunity to prove her citizenship.
Accordingly, we allow the petition by setting aside the impugned ex
parte order dated 07.09.2021 passed by learned Member, Foreigners
Tribunal No.1, Nagaon in F.T. Case No.936 of 2012 (D).
11. We hereby direct the petitioner to appear before the learned
Member, Foreigners Tribunal No.1 at Nagaon by submitting a certified
copy of this order on or before 18th of August, 2022. She will adduce
evidence and the Tribunal, after hearing the petitioner and after
considering the evidence that may be adduced, shall pass a fresh
opinion regarding the citizenship status of the petitioner.
12. Since the citizenship of the petitioner is under cloud, she will
continue to remain on bail till culmination of the proceeding before the
Tribunal subject to furnishing a bail bond of Rs.5,000/- with one local
surety of the like amount to the satisfaction of the Superintendent of
Police (Border), Nagaon. The Superintendent of Police (Border), Nagaon
shall also take steps for capturing the fingerprints of both hands of the
petitioner and biometrics of the iris of her both eyes. For the aforesaid
purpose, petitioner shall appear before the Superintendent of Police
(Border), Nagaon on or before 18.08.2022 during the office hours.
13. The petitioner shall not leave the jurisdiction of the Nagaon district
Page No.# 5/5
without giving details of the place of destination and her place of stay to
the Superintendent of Police (Border), Nagaon and without obtaining
prior written permission from the said authority.
The writ petition is accordingly disposed of.
Registry shall inform the Superintendent of Police (Border), Nagaon
about this order forthwith.
JUDGE JUDGE
Comparing Assistant
