Hasina Khan Khatun @ Hasina Begum vs The Union Of India And 5 Ors
2023 Latest Caselaw 4150 Gua

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GAHC010221372023




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

                         Case No. : WP(C)/5851/2023

         HASINA KHAN KHATUN @ HASINA BEGUM
         D/O- LATE AKHTAR HUSSAIN @ BABUA W/O- KARIM @ LATE ABDUL
         KARIM KHAN @ KARIM KHAN, R/O- VILLAGE- MAGONI HATIBONDHA,
         P.S. GOHPUR, DISTRICT- BISWANATH, ASSAM



         VERSUS

         THE UNION OF INDIA AND 5 ORS
         THROUGH- THE SECRETARY, TO THE GOVERNMENT OF INDIA, THE
         MINISTRY OF HOME AFFAIRS GRIHA MANTRALAYA, NEW DELHI

         2:THE STATE OF ASSAM
         THROUGH THE SECRETARY
         TO THE GOVERNMENT OF ASSAM
          HOME DEPARTMENT
          DISPUR
          GUWAHATI- 781006

         3:THE ELECTION COMMISSION OF INDIA
          REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA
          NIRVACHAN SADAN ASHOKA ROAD
          NEW DELHI- 110001

         4:THE STATE CO-ORDINATOR
          NATIONAL REGISTRATION OF CITIZEN
         ASSAM
          BHANGAGARH
          GUWAHATI- 781005

         5:THE DEPUTY COMMISSIONER
          BISWANATH
          P.O. BISWANATH
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              DISTRICT- BISWANATH
              ASSAM
              PIN CODE- 784176

              6:THE SUPERINTENDENT OF POLICE (BORDER)
               BISWANATH
               P.O. BISWANATH
               DISTRICT- BISWANATH
              ASSAM
               PIN CODE- 78417

Advocate for the Petitioner     : MR. RAJARSHEE DE

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

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MR. JUSTICE BUDI HABUNG

06/10/2023 (M.R. Pathak, J)

Heard Mr. F A Hassan, learned counsel for the petitioner and Ms. L Devi, learned Central Government Counsel and Standing counsel, NRC for the respondent Nos. 1 & 4. Also heard Mr. G Sarma, learned Standing counsel, Home Department, Assam for the respondent Nos. 2 & 6; Mr. A I Ali, learned Standing counsel, Election Commission of India for the respondent No. 3 and Mr. P Sarma, learned Government Advocate, Assam for the respondent No. 5.

2. On being referred by the Superintendent of Police (Border), Sonitpur (now Biswanath), the

learned Member, Foreigners' Tribunal 2 nd, Biswanath at Gohpur in F.T. (B-2/GPR) Case No. 1963/2017 arising out of S.P. Reference Case No. Tzp(B)/98/1037 by the impugned opinion/judgment dated 30.08.2022 opined the petitioner to be a foreigner, who illegally entered into the territory of India (Assam) on or after 25.03.1971.

3. Being aggrieved, the petitioner has filed this writ petition on 30.09.2023.

4. Petitioner contended that the learned Member, Foreigners' Tribunal 2 nd, Biswanath at Gohpur Page No.# 3/4

while giving its opinion on 30.08.2022 as a foreigner of post 25.03.1971 stream did not consider the evidence adduced by her mother, land documents of her father and the voters list in the name of the proceedee.

5. Issue Rule, returnable by 8 (eight) weeks.

6. As Ms. L Devi, learned Central Government Counsel and Standing counsel, NRC; Mr. G Sarma, learned Standing counsel, Home Department, Assam; Mr. A I Ali, learned Standing counsel, Election Commission of India and Mr. P Sarma, learned Government Advocate, Assam have accepted notice on behalf of the respondent Nos. 1 & 4; 2 & 6; 3 and 5 respectively, no formal notice need to be issued to those respondents.

7. Petitioner shall serve requisite extra copies of this writ petition along with the Annexures appended thereto to Ms. L Devi, learned Central Government Counsel and Standing counsel, NRC; Mr. G Sarma, learned Standing counsel, Home Department, Assam; Mr. A I Ali, learned Standing counsel, Election Commission of India and Mr. P Sarma, learned Government Advocate, Assam on or before 09.10.2023, obtaining necessary acknowledgment from them in that regard.

8. Office to requisition the record of F.T. (B-2/GPR) Case No. 1963/2017 arising out of S.P.

Reference Case No. Tzp(B)/98/1037 from the office of the learned Member, Foreigners' Tribunal 2 nd, Biswanath at Gohpur.

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. As an interim measure, the petitioner, namely, Smti Hasina Khan Khatun @ Hasina Begum, if has not already been arrested, 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), Biswanath/Tezpur on or before 19.10.2023 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.

12. On her appearance before the Superintendent of Police (Border), Biswanath/Tezpur, as directed above, the said authority shall obtain necessary information and documentation as required Page No.# 4/4

under the Rules from the petitioner for securing her presence.

13. Further, the Superintendent of Police (Border), Biswanath/Tezpur 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, whereafter, 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), Biswanath/Tezpur and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of said SP (Border), Biswanath/Tezpur.

15. This order be brought to the notice of the Registrar (Judicial).

16. List accordingly.

                                                       JUDGE                           JUDGE




Comparing Assistant