Anjana Paul vs The Union Of India And 5 Ors
2023 Latest Caselaw 1684 Gua

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GAHC010085172023




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

                          Case No. : WP(C)/2207/2023

         ANJANA PAUL
         D/O- LATE KEDER CHANDRA PAUL, W/O- SURAJIT PAUL, R/O- VILLAGE-
         GOBINDERKUPA, P.S. KATIGORAH, DIST.- CACHAR, ASSAM, PIN- 788805



         VERSUS

         THE UNION OF INDIA AND 5 ORS
         REP. BY MINISTRY OF HOME AFFAIRS, NEW DELHI

         2:STATE OF ASSAM
          REP. BY THE MINISTRY OF HOME
          DISPUR
          GHY-6

         3:SUPERINTENDENT OF POLICE (BORDER)
          SILCHAR
          CACHAR
         ASSAM

         4:DEPUTY COMMISSIONER (ELECTION)
          CACHAR AT SILCHAR

         5:NATIONAL REGISTRATION OF CITIZENS
          REP. BY ITS STATE COORDINATOR
         ACHYUT PLAZA
          BANGAGARH
          GUWAHATI-5

         6:ELECTION COMMISSION OF INDIA
          NIRVACHAN SADAN
         ASHOKA ROAD
          NEW DELHI- 11000
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Advocate for the Petitioner   : MS F AHMED

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




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
                  HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

Date : 28.04.2023 (A.M. Bujor Barua, J)

Heard Mr. S.K. Ghosh, learned counsel for the petitioner and Ms. L. Devi, learned counsel for the respondents No. 1 and 5, being the Union of India and the State Coordinator of NRC respectively. Also heard Ms. A. Verma, learned counsel for the respondents No. 2 and 3, being the authorities in the Home Department; Mr. P.K. Medhi, learned counsel for the respondent No. 4, being the Deputy Commissioner, Cachar and Mr. A.I. Ali, learned counsel for the respondent No. 6, being the Election Commission of India.

2. The petitioner Anjana Paul was referred to the Foreigners' Tribunal No. 4, Cachar at Silchar for rendering an opinion as to whether she is a person who had entered the State of Assam from the specified territory on or after

25.03.1971 and accordingly Case No. F.T.4th/D/22/2016 was registered. Although the petitioner was served with notice and she had appeared before the Tribunal and filed her written statement, but subsequently without any acceptable reason she had refrained herself from appearing before the Tribunal. In the circumstance, the ex-parte order dated 10.10.2017 had been passed. Being aggrieved, this writ petition is instituted.

3. In the opinion although a decision had been rendered on merit declaring Page No.# 3/3

the petitioner to be a foreigner, but it appears that as because of the non- appearance of the petitioner in further proceedings, appropriate materials could not be produced. Before the writ Court, the petitioner refers to certain materials to show that she is a citizen of India.

4. In view of the conduct of the petitioner, we do not find any infirmity in the impugned order dated 10.10.2017, however for the interest of justice the petitioner is allowed another opportunity to produce any relevant material before the Tribunal to establish her citizenship and discharge her burden under Section 9 of the Foreigners Act, 1946. Accordingly, the judgment and order

dated 10.10.2017 in Case No. F.T.4 th/D/22/2016 is set aside and the matter is remanded back to the Foreigners' Tribunal No. 4, Cachar at Silchar. The petitioner to appear before the Tribunal on 07.06.2023.

5. It is stated that the petitioner could not appear before the Tribunal any further because her husband was suffering from cancer and ultimately died. The reason put forth for not appearing is accepted.

6. Writ petition stands disposed of as indicated above.

                               JUDGE                                 JUDGE




Comparing Assistant