Jarina Khatun vs The Union Of India And 6 Ors
2022 Latest Caselaw 4084 Gua

                                                                Page No.# 1/4

GAHC010205972022




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

                         Case No. : WP(C)/6638/2022

         JARINA KHATUN
         D/O- ENNAS ALI,
         W/O- MOZIBAR RAHMAN,
         VILL- ALENGAMARI,
         P.S- GOBARDHANA, DIST- BAKSA (BTAD), ASSAM,
         PIN-781316



         VERSUS

         THE UNION OF INDIA AND 6 ORS
         REP. BY THE SECRETARY TO THE GOVT. OF INDIA,DEPARTMENT OF
         HOME AFFAIRS, NEW DELHI- 110001.

         2:THE STATE OF ASSAM
          REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
          HOME DEPARTMENT
          DISPUR
          GUWAHATI-6

         3:THE DEPUTY COMMISSIONER
          BAKSA (BTAD)
         ASSAM
          PIN-781343

         4:THE SUPERINTENDENT OF POLICE (B)
          BAKSA (BTAD)
         ASSAM
          PIN-781343

         5:THE ELECTION COMMISSION
          GOVT. OF INDIA
          NEW DELHI-01
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             6:THE STATE COORDINATOR
              OF NATIONAL REGISTER OF CITIZENS
             ASSAM
              GUWAHATI-32

             7:FOREIGNERS TRIBUNAL
              NO- 11TH
              BARPETA
              REP. BYTHE STANDING COUNSEL
             FOREIGNERS TRIBUNAL
              PIN-78130

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

21-10-2022 (M.R.Pathak, J)

Heard Ms. T Begum, learned counsel for the petitioner and Ms. K Phukan, learned CGC for the respondent No. 1. Also heard Ms. A Verma, learned Standing counsel, Foreigners' Tribunal, Assam 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, NRC for the respondent No. 6.

The learned Member, Foreigners' Tribunal, Barpeta 11 th, Barpeta, Assam by the

impugned opinion/judgment dated 21.02.2022 passed in Case No. (Bpt/11th) F.T. 652/2017, on being referred by the Superintendent of Police (B), Barpeta opined the petitioner to be a foreigner under the Foreigners Act, 1946 who had illegally entered into the territory of India (Assam) from the specified territory of Bangladesh on or after 25.03.1971.

Being aggrieved, the petitioner has preferred this writ petition.

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Issue Rule, returnable by 8 (eight) weeks.

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

Petitioner shall serve requisite extra copies of this writ petition including the Annexures appended thereto to Ms. K Phukan, learned CGC, Ms. A Verma, learned Standing counsel, Foreigners' Tribunal, Assam, Ms. U Das, learned Government Advocate, Assam, Mr. A I Ali, learned Standing counsel, Election Commission of India as well as Ms. L Devi, learned Standing counsel, NRC by 26.10.2022, obtaining necessary acknowledgements from them in that regard.

Call for the records of Case No. (Bpt/11th) F.T. 652/2017 from the office of the learned

Member, Foreigners' Tribunal, Barpeta 11th, Barpeta, Assam.

As the petitioner has been declared to be a foreigner of post 25.03.1971 stream under the Foreigners Act, 1946 by the impugned opinion/judgment dated 21.02.2022 passed by the

learned Member, Foreigners' Tribunal, Barpeta 11 th, Barpeta, Assam, noted above, she shall appear before the Superintendent of Police (Border), Barpeta on or before 15.11.2022 during the office hours between 10:00 am to 4:30 pm, along with a certified copy of this order, who shall obtain necessary information and documentation as required under the Rules from the petitioner for securing her presence.

The Superintendent of Police (Border), Barpeta on her such appearance 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 mobile/phone number (contact number) etc., before the Superintendent of Police (Border), Barpeta and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of said Superintendent of Police (Border), Barpeta, Assam.

Until further order of the Court, the petitioner shall not be deported from the territory Page No.# 4/4

of India pursuant to the impugned opinion/judgment dated 21.02.2022, 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 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 about this order forthwith.

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

                        JUDGE                             JUDGE




Comparing Assistant