Page No.# 1/3 vs The Union Of India And 5 Ors
2023 Latest Caselaw 2880 Gua

                                                                  Page No.# 1/3

GAHC010015452017




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

                          Case No. : WP(C)/1469/2017

         JESMINA BEGUM and ANR
         D/O MD. NUR UDDIN, W/O MD, NUR UDDIN, W/O MD. NURUL ISLAM, R/O
         TARKATA, P.O. NILABAGAN, P.S. MURAJHAR, DIST- HOJAI, ASSAM, PIN-
         782445

         2: JAMAL UDDIN
          S/O MD. NUR UDDIN
          R/O VILL. NO.1
          SHIBPUR
          P.O. KAPASHBARI
          P.S. MURAJHAR
          DIST- HOJAI
         ASSAM
          PIN- 78243

         VERSUS

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

         2:THE STATE OF ASSAM
          REP. BY THE COMMISSIONER AND SECY.
          HOME DEPTT.
          DISPUR
          GHY-6
         ASSAM

         3:THE DY. COMMISSIONER
          HOJAI
          DIST- HOJAI
         ASSAM
          PIN-782435

         4:THE FOREIGNERS' REGISTRATION OFFICER
                                                                        Page No.# 2/3

                DIST- HOJAI
                ASSAM
                PIN- 782001

                5:THE SUPERINTENDENT OF POLICE BOARDER
                 DIST- HOJAI
                ASSAM
                 PIN- 782001

                6:THE OFFICER IN CHARGE
                 MURAJHAR POLICE STATION
                 DIST- HOJAI
                ASSAM
                 PIN- 78243

Advocate for the Petitioner   : MRS.R MOMTAZ

Advocate for the Respondent : GA, ASSAM




                                       BEFORE
             HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
                    HON'BLE MR. JUSTICE ROBIN PHUKAN
                                      O R D E R

04.08.2023 (A.M. Bujor Barua, J)

Heard Mr. AI Uddin, learned counsel for the petitioner. Also heard Mr. KK Parasar, learned CGC appearing on behalf of respondents in the Union of India as well as for the respondents in the NRC, Ms. A Verma, learned counsel for the State respondents in the Home Department of Government of Assam, Mr. AI Ali, learned counsel for the Election Commission of India and Ms. U Das, learned counsel for the Deputy Commissioner.

2. It is noticed that FT/L/Case No. 230/2015 was registered in the Foreigners

Tribunal No. 7th, Nagaon, Lanka against Musstt. Jasmin Begum and FT/L/Case No. 234/2015 was registered against Md. Jamaluddin. In the premises that Page No.# 3/3

Musstt. Jasmin Begum and Md. Jamaluddin may be brothers and sisters, a common judgment and order dated 27.01.2017 had been passed by the Tribunal.

3. Reference cases are to be decided individually and from such point of view, we set aside the common judgment and order dated 27.01.2017 in FT/L/Case No. 230/2015 and FT/L/Case No. 234/2015 and remand the matter back to the Tribunal for passing individual orders in the aforesaid two references made against two different persons. The petitioners, apart from what material they had already produced before the Tribunal, may rely upon any other material, as may be advised.

4. Upon doing the needful, two separate reasoned orders be passed by the Tribunal in respect of the two proceedees. We are clarifying that we are not observing anything on merit and it would be for the Tribunal to pass any opinion on merit of the individual cases. Till the reasoned orders are passed, no coercive action be taken against the petitioners.

5. Accordingly, the petitioners shall appear before the concerned Foreigners Tribunal on 07.09.2023.

6. The writ petition is allowed as indicated above.

Send back the LCR immediately.

                JUDGE                                      JUDGE



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