Rejia Khatun @ Rajia Khatun vs The Union Of India And 6 Ors
2022 Latest Caselaw 4225 Gua

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GAHC010214132022




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

                           Case No. : WP(C)/6914/2022

         REJIA KHATUN @ RAJIA KHATUN
         W/O. ABDUL KADER, D/O. LT. NASIRUDDIN, VILL. KAMARPARA, P.S.
         SORBHOG, DIST. BARPETA, ASSAM, PIN-781317.



         VERSUS

         THE UNION OF INDIA AND 6 ORS
         REP. BY THE SECRETARY TO THE GOVT. OF INDIA, DEPTT. OF HOME, NEW
         DELHI-01.

         2:THE STATE OF ASSAM

          REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
          DEPTT. OF HOME
          DISPUR
          GUWAHATI-06.

         3:THE DEPUTY COMMISSIONER

          BARPETA
          ASSAM
          PIN-781301.

         4:THE SUPDT. OF POLICE (B)

          BARPETA
          ASSAM
          PIN-781301.

         5:THE ELECTION COMMISSION

          GOVT. OF INDIA
                                                                                   Page No.# 2/4

             NEW DELHI-01.

            6:THE STATE CO-ORDINATOR OF NATIONAL REGISTRATION (NRC)

             ASSAM
             GUWAHATI-32.

            7:FOREIGNERS TRIBUNAL
             NO.11
             BARPETA

             REP. BY THE STANDING COUNSEL
             FOREIGNERS TRIBUNAL
             PIN-781301

Advocate for the Petitioner   : MR. A ROSHID

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




                                  BEFORE
                HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
                  HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                             ORDER

Date : --02.11.2022

Heard Mr. A. Roshid, learned counsel for the petitioner and Mr. K.K. Parasar, learned CGC for the respondent No. 1. Also heard Mr. J. Payeng, learned Standing counsel, Foreigners' Tribunal for the respondent Nos. 2, 4 & 7; Ms. U.Das, learned Government Advocate, Assam for the respondent No. 3; Mr. A.I. Ali, learned Standing counsel, Election Commission of India for the respondent No. 5 as well as Ms. L. Devi learned Standing counsel, State Co-ordiantor, NRC Assam for the respondent No. 6.

In a reference being made by the Superintendent of Police (Border), Barpeta, Assam,

the learned Member, Foreigners' Tribunal Assam, Barpeta 11th in Case No. (Bpt/11th) F.T. 2144/2017, by its opinion/judgment dated 16.07.2022, opined that the petitioner is a foreigner under the Foreigners' Act, 1946, who had illegally entered into the territory of India (Assam) on or after 25.03.1971 without any valid documents.

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Being aggrieved with the same, the petitioner has preferred this writ petition on 20.10.2022.

Issue Rule, returnable by 8 (eight) weeks.

As the learned CGC; learned Standing Counsels and learned Government Advocate, Assam, named above, have accepted the notices on behalf of the respondents, no formal notice need to be issued to them.

Petitioner shall serve requisite extra copies of this writ petition including the Annexure appended thereto to Mr. K.K. Parasar, learned CGC; Mr. J. Payeng, learned Standing counsel Foreigners' Tribunal; Ms. U.Das, learned Government Advocate; Mr. A.I. Ali, learned Standing counsel Election Commission of India as well as Ms. L. Devi learned Standing counsel, State Co-ordiantor, NRC Assam by 04.11.2022, obtaining necessary acknowledgements from them in that regard

Registry shall call for the records of Case No. (Bpt/11 th) F.T. 2144/2017,from the office

of the concerned Foreigners' Tribunal, Barpeta 11th.

Since, the petitioner has been declared to be a foreigner of post 25.03.1971 stream under the Foreigners Act, 1946 by the opinion/judgment & order dated 16.07.2022, noted above, she shall appear before the Superintendent of Police (Border), Barpeta, Assam on or before 25.11.2022 during the office hours between the 10.30 am to 04.30 pm, who shall obtain necessary information and documentation as required under the rules from the petitioner for securing her appearance.

On such appearance, the Superintendent of Police (Border), Barpeta, Assam, shall also take necessary steps for capturing the fingerprints of both hands of the petitioner and biometrics of the iris of her both eyes.

It is made clear that without giving full details of the petitioner's present address and/or destination including her mobile/phone number (contact number) etc. before the Superintendent of Police (Border), Barpeta, Assam, and without obtaining any prior written Page No.# 4/4

permission from the said authority, the petitioner shall not leave the jurisdiction of the Superintendent of Police (Border), Barpeta, Assam.

Until further order of the Court, the petitioner shall not be deported from the territory of India pursuant to the impugned opinion/judgment dated 16.07.2022, noted above.

However, failure on the part of the petitioner to comply with the directions specified above, the authority concerned shall be at liberty to take appropriate action against her in accordance with law.

A copy of this order requisitioning the case records and the forwarding letter by which the case records are sent to this Court be made part of the record file of the Tribunal.

This order be brought to the notice of the Registrar (Judicial).

Registry shall inform the Superintendent of Police (Border), Barpeta, Assam about this order forthwith.

List accordingly on a date to be fixed by the Registry.

JUDGE

Comparing Assistant