Jyotshna Rani Saha @ Jyotsna Rani vs The Union Of India And 5 Ors
2024 Latest Caselaw 3931 Gua

Gauhati High Court

Jyotshna Rani Saha @ Jyotsna Rani vs The Union Of India And 5 Ors on 4 June, 2024

Author: M.R.Pathak

Bench: Manash Ranjan Pathak

                                                                  Page No.# 1/3

GAHC010215122019




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

                          Case No. : WP(C)/6740/2019

         JYOTSHNA RANI SAHA @ JYOTSNA RANI
         W/O- LABU SAHA, R/O- VILL- BARPETA ROAD TOWN, P.S. BARPETA ROAD,
         WARD NO-3, DIST- BARPETA, ASSAM, MOUZA- GOBARDHANA



         VERSUS

         THE UNION OF INDIA AND 5 ORS.
         REP. BY THE SECY. MINISTRY OF HOME AFFAIRS, NEW DELHI- 110001

         2:THE STATE OF ASSAM
          REP. BY THE HOME SECY. GOVT. OF ASSAM
          DISPUR
          GHY-5

         3:ELECTION COMMISSION OF INDIA
          NIRVACHAN SADAN
         ASHOKA ROAD
          NEW DELHI- 110001

         4:OFFICE OF THE STATE CO-ORDINATOR OF NATIONAL REGISTRATION
         (NRC)
          ASSAM
          1ST FLOOR
          ACHYUT PLAZA
          GHY-SHILLONG ROAD
          BHANGAGARH
          GHY
          ASSAM
          781005

         5:THE DY. COMMISSIONER
          BARPETA
                                                                     Page No.# 2/3

             DIST- BARPETA
             ASSAM
             PIN- 781301

            6:THE SUPERINTENDENT OF POLICE (B)
             BARPETA
             DIST- BARPETA
            ASSA

Advocate for the Petitioner   : MR A DASGUPTA

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




                                   BEFORE
                HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                             ORDER

Date : 04-06-2024 (M.R.Pathak, J)

1. Heard Mr. A. Dasgupta, learned Senior Counsel assisted by Ms. D. Das, learned counsel for the petitioner. Also heard Mr. J. Peyeng, learned Standing Counsel, Home Department, Assam for the respondent Nos. 2 and 6; Mr. H. Kuli, learned Standing Counsel, Election Commission of India for the respondent No.3 as well as Mr. H. K. Hazarika, learned Government Advocate, Assam for the respondent No. 3.

2. Perused the records in original relating to F.T.9 th (Bar) Case

No.408/2015 from the office of the learned Foreigners' Tribunal, 9 th, Barpeta, Assam, wherein the said Tribunal by the impugned Judgment and Order dated 28.05.2018 opined the petitioner to be a foreigner under the Foreigners Act, 1946, who had illegally entered into India (Assam) on or after 24.03.1971 from the specified territory of Bangladesh.

Page No.# 3/3

3. We have also call for the records of Civil Rule (PIL) No. 185/1998, Civil Rule (PIL) No. 253/1998 and PIL No. 254/1998

4. Arguments heard at length.

5. Order reserved.

                                  JUDGE                   JUDGE




Comparing Assistant