Gauhati High Court
Habeja Khatun @ Habija Khatun vs The Union Of India And 5 Ors on 8 November, 2023
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GAHC010247142019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8066/2019
HABEJA KHATUN @ HABIJA KHATUN
D/O- FULMON SK., W/O- MOFIZUDDIN SK. @ MOFIZUDDIN AHMED @
MAFIJUDDIN MONDAL @ MOHIJUDDIN R/O- VILL- SINGRAMARI
(BALAPARA), P.O. DALGOMA, P.S. MATIA, DIST- GOALPARA, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS.
REP. BY THE SECY. TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF
INDIA, SASTRI BHAWAN, NEW DELHI, PIN- 110001
2:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY-6
3:THE SUPERINTENDENT OF POLICE (B)
GOALPARA
P.O. AND P.S. GOALPARA
DIST- GOALPARA
ASSAM PIN- 783101
4:THE DY. COMMISSIONER
GOALPARA
P.O. GOALPARA
DIST- GOALPARA
ASSAM PIN- 783101
5:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI
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INDIA
PIN- 110001
6:THE NATIONAL REGISTER OF CITIZEN
REP. BY THE STATE COORDINATOR
ASHYUT PLAZA
BHANGAGARH
KAMRUP (M)
ASSAM
PIN- 78100
Advocate for the Petitioner : MR. M A SHEIKH
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
08-11-2023
(M.R.Pathak, J)
Heard Mr. M. A. Sheikh, learned counsel for the petitioner and Mr. B. Sarma, learned
Central Government Counsel for the respondent No. 1. Also heard Mr. G. Sarma, learned
Standing Counsel, Home Department, Assam for the respondent Nos. 2 and 3; Mr. P. Sarma,
learned Additional Senior Government Advocate, Assam for the respondent No. 4 as well as
Mr. A. I. Ali, learned Standing Counsel, Election Commission of India for the respondent No.
5.
2) On being referred by the Superintendent of Police (Border), Goalpara vide IM(D)T
Reference Case No.683/99, the learned Member, Foreigners' Tribunal No.5 th, Goalpara in F.T.
Case No. F.T./5/130/MA/2015, by the impugned opinion/judgment dated 28.02.2017 declared
the petitioner to be foreigner under the Foreigners Act, 1946, who had illegally entered into
the territory of India (Assam) on or after 24.03.1971.
3) Being aggrieved with the said impugned opinion/judgment dated 28.02.2017, the
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petitioner has filed this writ petition on 01.10.2019, after more than two years.
4) Issue Notice, returnable by eight weeks.
5) As Mr. B. Sarma, learned Central Government Counsel; Mr. G. Sarma, learned Standing
Counsel, Home Department, Assam; Mr. P. Sarma, learned Additional Senior Government
Advocate, Assam as well as Mr. A. I. Ali, learned Standing Counsel, Election Commission of
India have accepted notice on behalf of the respondent Nos. 1; 2 and 3; 4 and 5 respectively,
no formal notice need to be issued to those respondents.
6) Petitioner shall serve requisite extra copies of this writ petition along with the
Annexures appended thereto to Mr. B. Sarma, learned Central Government Counsel; Mr. G.
Sarma, learned Standing Counsel, Home Department, Assam; Mr. P. Sarma, learned Additional
Senior Government Advocate, Assam as well as Mr. A. I. Ali, learned Standing Counsel,
Election Commission of India by tomorrow, obtaining necessary acknowledgments from them
in that regard.
7) Petitioner shall also take steps for service of notice on the respondent No.6 by
Registered post with A/D by tomorrow providing its correct and proper address with requisite
postal stamps.
8) Office to requisition the record of F.T. Case No. F.T./5/130/MA/2015 from the office of
the learned Member, Foreigners' Tribunal No.5 th, Goalpara.
9) Registry shall list this matter for Motion immediately on receipt of the record from the
concerned Tribunal, as we propose to examine the same at the first instance.
10) A Copy of this order requisitioning the case record and the forwarding letter by which
the case record is sent to this Court be made part of the record file of the Tribunal.
11) In the interim, the petitioner, namely, Habeja Khatun @ Habija Khatun, if has not
already detained in custody, shall not be taken into custody and deported from the territory
of India, subject to the condition that she shall appear before the Superintendent of Police
(Border), Goalpara on or before 18.11.2023 during the office hours and shall furnish a bail
bond of Rs.5,000/- with one local surety of the like amount to the satisfaction of the said
authority.
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12) On her appearance before the Superintendent of Police (Border), Goalpara, as directed
above, the said authority shall obtain necessary information and documentation as required
under the Rules from the petitioner for securing her presence.
13) Further, the Superintendent of Police (Border), Goalpara is directed that on appearance
of the petitioner within the period indicated above, the biometrics of the iris of both eyes, the
fingerprints of both hands and the photographs of the petitioner shall be obtained, where
after, she shall be allowed to remain on bail.
14) It is made clear that without giving full details of the petitioner's present address
and/or destination before the Superintendent of Police (Border), Goalpara and without
obtaining any prior written permission from the said authority, the petitioner shall not leave
the jurisdiction of said SP (Border), Goalpara.
15) Failure on the part of the petitioner to comply with the aforesaid directions, the bail
granted to her shall stand automatically vacated and she shall be liable to be taken back into
custody.
16) This order be brought to the notice of the Registrar (Judicial).
17) On the returnable date, the petitioner shall apprise the Court as to when she appeared
before the Superintendent of Police (Border), Goalpara, as directed above.
18) Maintainability of this writ petition is kept open and shall be considered at the time of
admission stage.
19) List accordingly on a date to be fixed by the Registry.
JUDGE JUDGE
Comparing Assistant
