Gauhati High Court
Tara Bhanu vs The Union Of India And 5 Ors on 16 October, 2023
Page No.# 1/4
GAHC010229012023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6012/2023
TARA BHANU
W/O- AIAL HOQUE @ AYEL HOQUE,
VILL- GELAIDINGI,
P.S- MANGALDAI,
DIST- DARRANG, ASSAM,
PIN-784125
VERSUS
THE UNION OF INDIA AND 5 ORS
REP. BY THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, SASTRI
BHAWAN, NEW DELHI- 110001.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-6
3:THE DEPUTY COMMISSIONER
DARRANG
ASSAM
PIN-784125
4:THE SUPERINTENDENT OF POLICE (B)
DARRANG
ASSAM
PIN-784125
5:THE ELECTION COMMISSION OF INDIA
NEW DELHI-110001
Page No.# 2/4
6:THE STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS
ASSAM
BHANGAGARH
GUWAHATI-05
DIST- KAMRUP (M
Advocate for the Petitioner : MR. A M AHMED
Advocate for the Respondent : DY.S.G.I.
Linked Case : WP(C)/4300/2018
TARA BHANU @ TARA BHAN
W/O AIAL HOQUE @ AYEL HOQUE
VILLAGE GELAIDINGI
PS MANGALDAI
DISTRICT DARRANG (ASSAM)
PIN- 784125
VERSUS
THE UNION OF INDIA AND 5 ORS.
REPRESENTED BY THE MINISTRY OF HOME AFFAIRS
NEW DELHI-110001
2:THE STATE ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-781006
3:THE DEPUTY COMMISSIONER
DARRANG
DIST. DARRANG
ASSAM
784125
4:THE SUPERINTEDENT OF POLICE (B)
DARRANG
ASSAM
784125
5:THE ELECTION COMMISSION OF INDIA
Page No.# 3/4
NEW DELHI-110001
6:THE STATE CO-ORDINATOR
NATIONAL REGISTER OF CITIZENS (NRC)
ASSAM
781032
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
16-10-2023
(M.R.Pathak, J)
Heard Mr. A M Ahmed, learned counsel for the petitioner and Ms. L Devi, learned CGC as
well as Standing counsel, NRC, Assam for the respondent Nos. 1 & 6. Also heard Mr. G
Sharma, learned Standing counsel, Home Department, Assam for the respondent Nos. 2 & 4;
Mr. H K Hazarika, learned Government Advocate, Assam for the respondent No. 3 as well as
Mr. A I Ali, learned Standing counsel, Election Commission of India for the respondent No. 5.
2. It is stated by the petitioner that in an earlier proceeding being Case No. 704/2012
corresponding to I.M.(D).T. 6675/1998 by judgment/opinion dated 31.05.2018 passed by the
learned Member, Foreigners' Tribunal (1 st), Mangaldoi, Darrang on being referred by the
Superintendent of Police (Border), Darrang, Mangaldoi, she was declared as a foreigner under
the Foreigners Act, 1946, who had illegally entered into the territory of India (Assam) on or
after 25.03.1971.
3. Against the said judgment/opinion dated 31.05.2018 passed in Case No. 704/2012
corresponding to I.M.(D).T. 6675/1998 by the learned Member, Foreigners' Tribunal (1 st),
Mangaldoi, Darrang, the petitioner preferred a writ petition, being WP(C) No. 4300/2018,
wherein the Court by order dated 16.07.2018 granted interim relief to her, which is presently
pending for adjudication.
4. During pendency of said WP(C) No. 4300/2018, the learned Member, Foreigners'
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Tribunal (1st), Darrang, Mangaldoi on 18.08.2023 issued another notice in Case No. F.T.
5/2017 (S.P. Case No. 859/2016) with regard to the same issue, as to whether the petitioner
had illegally entered into the territory of Assam between the period from 01.01.1966 to
25.03.1971 or after 25.03.1971.
5. Being aggrieved with the impugned notice dated 18.08.2023 issued in said Case No. F.T.
5/2017 by the learned Member, Foreigners' Tribunal (1 st), Darrang, Mangaldoi, noted above,
the petitioner has filed this writ petition.
6. The Superintendent of Police (Border), Darrang, Mangaldoi on the next date fixed shall
apprise the Court as to whether the proceedee of S.P. Case No. 859/2016 presently pending
before the learned Member, Foreigners' Tribunal (1 st), Darrang, Mangaldoi in Case No. F.T.
5/2017 and the proceedee of Case No. 704/2012 corresponding to I.M.(D).T. 6675/1998,
namely, Tara Bhanu @ Tara Bhan, W/O Ayel Hoque @ Aial Hoque is the same and one person
or not.
7. List on 24.11.2023.
8. Until further order of the Court, the learned Member, Foreigners' Tribunal (1 st), Darrang,
Mangaldoi shall not proceed with the Case No. F.T. 5/2017 (S.P. Case No. 859/2016).
9. Copy of this order be furnished to Mr. G Sharma, learned Standing counsel, Home
Department, Assam for his necessary use.
JUDGE JUDGE
Comparing Assistant
