Samina Begum vs The Union Of India And 3 Ors
2023 Latest Caselaw 1103 Gua

                                                                      Page No.# 1/3

GAHC010022722017




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

                                 Case No. : WP(C)/2828/2017

            SAMINA BEGUM
            D/O. MANIR UDDIN, W/O. MOZAM ALI, VILL. ALAMGANJ PART-IV, P.O.
            ALAMGANJ, P.S. GAURIPUR, DIST. DHUBRI, ASSAM, PIN-783339.



            VERSUS

            THE UNION OF INDIA and 3 ORS.
            REP. BY THE MINISTRY OF HOME AFFAIRS, NEW DELHI-01.

            2:THE STATE OF ASSAM
             REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM
             DEPTT. OF HOME
             DISPUR
             GHY.-06.

            3:THE SUPDT. OF POLICE B

             DHUBRI
             P.O. DHUBRI
             DIST. DHUBRI
             ASSAM
             PIN-783301.

            4:THE DY. COMMISSIONER OF DHUBRI

             P.O. and P.S. DHUBRI
             DIST. DHUBRI
             ASSAM
             PIN-783301

Advocate for the Petitioner   : MR.M H TALUKDAR
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Advocate for the Respondent :




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

20.03.2023 [A.M.Bujor Barua,J.]

Heard Mr. A.R. Sikdar, learned counsel or the petitioner; Ms. P. Swrgiary, learned Standing Counsel for the respondent no. 1; Mr. G. Sarma, learned Counsel for the respondent nos. 2 and 3; Ms. K. Phukan, learned Counsel for the respondent no. 4.

2. The petitioner, Samina Begum had been referred to the Foreigners Tribunal No. 5, Dhubri for an opinion as to whether she is person who entered the state of Assam from the specified territory on or after 25.03.1971 resulting in registration of Case No. FT-5/G/202/2016. The Foreigners Tribunal rendered an opinion dated 17.02.2017 that she is foreigner. Being aggrieved this writ petition is instituted.

3. In the writ proceeding, the petitioner refers to the endorsement at page no. 26 which is a part of the verification report, wherein there is an endorsement by the AERO, stating " seen LVO's report; proceeding dropped".

4. Mr. Sikdar, learned counsel for the petitioner refers to an earlier judgment of this court dated 12.02.2019 in Maleka Bibi Vs. Union of India and others in WP(C) no. 7506/2016, which again was rendered by following the proposition laid down in Monowara Khatun Vs. Union of India and Others in WP(C) no. 2674/2016 dated 12.01.2018, wherein it had been held that if the AERO had made an endorsement that the proceedings being dropped on the basis of the report of the LVO, the reference itself would be defective.

5. In the instant case also by following the judgments rendered in Maleka Bibi [supra] and Monowara Khatun [supra] it is held that the reference made against the petitioner is defective Page No.# 3/3

and accordingly as provided at paragraph 8 of the judgment in Maleka Bibi [supra], the reference is remanded back to the Superintendent of Police [Border], Dhubri for a fresh consideration under the law.

5. The writ petition is allowed as indicated above.

6. The opinion dated 11.08.2019 of the Foreigners Tribunal No. 5, Dhubri in Case No. FT- 5/G/202/2016 is set aside.

7. The Superintendent of Police (Border), Dhubri to take a fresh decision as per law and the Superintendent of Police (Border) to consider and pass a reasoned order within a period of one month from the date of receipt of this order.

8. Send back the LCR.

9. Furnish a copy of this order to Mr. G. Sharma and Mr. A.I. Ali for doing the needful.

                       JUDGE                                      JUDGE



Comparing Assistant