Gauhati High Court
Musstt Jahura Khatoon @ Musstt ... vs The Union Of India And 6 Ors on 19 October, 2022
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GAHC010188532022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6267/2022
MUSSTT JAHURA KHATOON @ MUSSTT JAHERA KHATOON
W/O. MD. UNISH ALI, VILL. BHOMORAGURI, P.S. SAMOGURI, DIST.
NAGAON, ASSAM.
VERSUS
THE UNION OF INDIA AND 6 ORS
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, NORTH BLOCK, NEW DELHI-110001.
2:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GUWAHATI-781006.
3:THE ADDL. DIRECTOR GENERAL OF POLICE (B)
BHANGAGARH
GUWAHATI
PIN-781005.
4:THE DEPUTY COMMISSIONER
BISWANATH
ASSAM.
5:THE SUPDT. OF POLICE (B)
BISWANATH
ASSAM.
6:THE CHIEF ELECTION COMMISSIONER OF INDIA
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NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI-110001.
7:THE STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS (NRC)
ASSAM
1ST FLOOR
ACHYUT PLAZA
BHANGAGARH
GUWAHATI-781005
Advocate for the Petitioner : MR. S S S RAHMAN
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
19.10.2022
Pathak, J.
Heard Mr. S.S.S. Rahman, learned counsel appearing for the petitioner.
Also heard Mr. D. J. Das, learned Central Govt. Counsel appearing for the
respondent No.1, Ms. A. Verma, learned Standing Counsel, Foreigners Tribunal,
appearing for the respondent Nos.2, 3 and 5, and Ms. K. Phukan, learned Govt.
Advocate, Assam appearing for the respondent No.4, Mr. S. I. Ali, learned
Standing Counsel, ECI appearing for the respondent No.6 and Ms. L. Devi,
learned Standing Counsel, State Coordinator, NRC appearing for respondent
No.7.
By the impugned opinion dated 25.11.2021 passed in F.T. Case
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No.BNC/FT/837/2016 the learned Member of Foreigners Tribunal 5 th at Biswanath
Chariali has 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
25.03.10971 without any authority. Being aggrieved with the same, the petitioner
has preferred this writ petition.
Mr. Rahman, learned counsel for the petitioner, has placed before the
Court that the concerned competent authority i.e., the Superintendent of
Police (Border), Sonitpur, Tezpur vide communication dated 23.03.2007 sought
for an opinion whether the petitioner had entered into the territory of India
during 1966 to 25.03.1971 relating to trial of foreign nationals for deletion of their
names from voters list for 10 years. However, by the impugned opinion dated
25.11.2021 the Tribunal concerned has opined that the petitioner had illegally
entered into the territory of India (Assam) on or after 25.03.1971, which is
beyond the reference.
In this regard, Mr. Rahman, learned counsel for the petitioner, placed
reliance on two judgments of this Court passed earlier by a coordinate Division
Bench on 24.03.2021 in WP(C) No.1293/2021 [Sona Kha alias Sona Khan vs.
Union of India and 9 others] as well as judgment dated 15.07.2021 passed in
WP(C) No.2434/2020 [Golapi Begum vs. Union of India and 5 others].
Registry shall call for the records of F.T. Case No.BNC/FT/837/2016 from
the office of the Foreigners Tribunal 5th at Biswanath Chariali.
List on 17.11.2022.
Until further order, the petitioner shall not be arrested in terms of the
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impugned opinion dated 25.11.2021 passed in F.T. Case No.BNC/FT/837/2016
noted above and the petitioner shall not leave the jurisdiction of the
Superintendent of Police (Border), Biswanath Chariali, until further order.
JUDGE JUDGE
Comparing Assistant
