Gauhati High Court
Musstt Rohima Khatoon @ Rohima ... vs The Union Of India And 6 Ors on 9 October, 2023
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GAHC010207072023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5773/2023
MUSSTT ROHIMA KHATOON @ ROHIMA KHATUN @ RAHIMA KHATOON
D/O- MD. HAZARAT ALI @ HAZARAT ALI AND
W/O- MD. GAFUR ALI @GAFUR ALI,
R/O- VILLAGE DONGIBIL BANGO GAON,
P.S- BIHPURIA, DIST- LAKHIMPUR, ASSAM
VERSUS
THE UNION OF INDIA AND 6 ORS
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, NEW DELHI- 110001.
2:THE STATE OF ASSAM
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR GUWAHATI-6
3:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA
NIRVACHAN SADAN
ASHOKA ROAD NEW DELHI-110001
4:THE STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS
ASSAM 1ST FLOOR
ACHYUT PLAZA
BHANGAGARH
GUWAHATI-05
DIST- KAMRUP (M)
5:THE DEPUTY COMMISSIONER
P.O AND P.S- NORTH LAKHIMPUR
DIST- LAKHIMPUR
ASSAM
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PIN-787001
6:THE SUPERINTENDENT OF POLICE (B)
P.O AND P.S- NORTH LAKHIMPUR
DIST- LAKHIMPUR
ASSAM
PIN-787001
7:THE OFFICER IN CHARGE
BIHPURIA POLICE STATION
P.O AND P.S- -BIHPURIA
DIST- LAKHIMPUR
ASSAM
PIN-78716
Advocate for the Petitioner : MR. S N TAMULI
Advocate for the Respondent : DY.S.G.I.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
09-10-2023
(M.R.Pathak, J)
Heard Mr. S. N. Tamuli, learned counsel for the petitioner and Ms. L. Devi, learned Central
Government Counsel as well as Standing counsel, NRC for the respondent Nos. 1 & 4. Also heard Mr.
A. Kalita, learned Standing Counsel, Home Department of the State for the respondent Nos. 2, 6 & 7;
Mr. H. Kalita, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel, Election
Commission of India for the respondent No. 3 and Mr. P. Sarma, learned Additional Senior Government
Advocate, Assam for the respondent No. 5.
2. Being aggrieved with the impugned Ex-parte order dated 12.05.2022 passed by the learned
Member, Foreigners' Tribunal-1, Lakhimpur, North Lakhimpur in Lakhimpur F.T (1)/Case No. 5161/2012
arising out of District No. 57/2011 whereby the petitioner/proceedee, namely, Musstt Rohima
Khatoon @ Rohima Khatun @ Rahima Khatoon has been declared to be a foreigner of post 1971
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stream, the petitioner has preferred this petition.
3. Issue Rule, returnable by 8 (eight) weeks.
4. As Ms. Devi, learned CGC as well as Standing counsel, NRC; Mr. A. Kalita, learned Standing
Counsel, Home Department of the State; Mr. H. Kalita, learned counsel appearing on behalf of Mr. A.
I. Ali, learned Standing Counsel, Election Commission of India and Mr. P. Sarma, learned Additional
Senior Government Advocate, Assam have accepted the notices on behalf of the respondent Nos. 1 &
4; 2, 6 & 7; 3 and 5, respectively, no formal notice need to be issued to those respondents.
5. Petitioner shall serve requisite extra copies of this writ petition including the annexures
appended thereto to Ms. Devi, learned CGC as well as Standing counsel, NRC; Mr. Kalita, learned
Standing Counsel, Home Department; Mr. Kalita, learned counsel appearing on behalf of Mr. Ali,
learned Standing Counsel, Election Commission of India and Mr. Sarma, learned Additional Senior
Government Advocate, Assam by tomorrow, i.e., 10.10.2023, obtaining necessary acknowledgment
from them in that regard.
6. Mr. Tamuli, learned counsel for the petitioner placed reliance on the judgments passed in the
case of Sital Mondal Vs. the Union of India reported in 2022 (3) GLT 94 and in the case of Abdul
Kuddus Vs. the Union of India reported in (2019) 6 SCC 604.
7. Mr. Kalita, learned Standing counsel, Home Department of the State submits that the law laid
down by the Hon'ble Supreme Court in the case of Abdul Kuddus (supra) has not been properly
followed in the case of Sital Mondal (supra). As such, by placing both the decisions noted above, Mr.
Kalita, wants to place the differences in those two decided matters.
8. In view of the above, Mr. Kalita, learned Standing counsel, Home Department of the State prays
for some time to make his submission in that regard to which Mr. Tamuli, learned counsel for the
petitioner has no objection.
9. Office to requisition the record of Lakhimpur F.T (1)/Case No. 5161/2012 arising out of District
No. 57/2011 from the office of the learned Member, Foreigners' Tribunal-1, Lakhimpur, North
Lakhimpur.
10. 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.
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11. 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.
12. As an interim measure, the petitioner, namely, Musstt Rohima Khatoon @ Rohima Khatun
@ Rahima Khatoon, 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), Lakhimpur, North Lakhimpur 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.
13. On her appearance before the SP (Border), Lakhimpur, North Lakhimpur, as directed above, the
said authority shall obtain necessary information and documentation as required under the Rules from
the petitioner for securing her presence.
14. Further, the Superintendent of Police (Border), Lakhimpur, North Lakhimpur 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.
15. It is made clear that without giving full details of the petitioner's present address and/or
destination before the Superintendent of Police (Border), Lakhimpur, North Lakhimpur and without
obtaining any prior written permission from the said authority, the petitioner shall not leave the
jurisdiction of said SP (Border), Lakhimpur, North Lakhimpur.
16. This order be brought to the notice of the Registrar (Judicial).
17. List accordingly.
JUDGE JUDGE
Comparing Assistant
