Gauhati High Court
Mustt. Halima Khatoon vs The Union Of India And 3 Ors on 10 May, 2024
Author: M.R. Pathak
Bench: Manash Ranjan Pathak
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GAHC010264022023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3444/2023
MUSTT. HALIMA KHATOON
W/O- MD. ICHAMUDDIN, VILL.- POTIA CHAPORI, P.O. DHING, DIST.-
NAGAON, ASSAM.
VERSUS
THE UNION OF INDIA AND 3 ORS
REP. BY SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW
DELHI.
2:THE STATE OF ASSAM
REP. BY THE SECRETARY
HOME DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE FOREIGNERS REGISTRATION OFFICER
NAGAON
DIST.- NAGAON
ASSAM.
4:THE SUPERINTENDENT OF POLICE (B)
NAGAON
ASSAM
Advocate for the Petitioner : MR D K BHATTACHARYYA
Advocate for the Respondent : DY.S.G.I.
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BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MR. JUSTICE MRIDUL KUMAR KALITA
O R D E R
10.05.2024
(M.R. Pathak, J)
Heard Mr. A. Gautam, learned counsel appearing for the applicant and
Mr. G. Sh arma, learned Standing Counsel, Home Department, Assam for the
opposite party Nos.2, 3 & 4.
2. On perusal of the records of WP(C) No.295/2009 as well as Writ Appeal
No.120/2021 disposed of on 07.02.2013 and 02.06.2023, respectively, we are
of the opinion that the Chief Electoral Officer, Assam as well as the District
Electoral Officer, Nagaon, Assam are necessary parties for proper
adjudication of this application.
3. Accordingly, the Election Commission of India, represented by the
Commissioner, Nirvachan Sadan, Ashok Road, New Delhi-110001 and the
District Electoral Officer, Nagaon-cum-District Commissioner/District Collector,
Assam be impleaded as party respondent/opposite party Nos.5 and 6
respectively in this interlocutory application.
4. Registry shall accordingly do the needful in this regard.
5. As Mr. A.I. Ali, learned Standing Counsel, Election Commission of India
has entered appearance on behalf of the newly impleaded opposite party
Nos. 5 and 6, no formal notice is required to be issued to them. However, the
applicant shall furnish him requisite extra copies of this interlocutory
application along with the Annexures appended thereto on or before
14.05.2024, obtaining necessary acknowledgement from him in that regard.
6. We have noticed from the records that the name of the applicant figured
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in the voters list. In the proceeding under the Foreigners Act, 1946 being F.T.
Case No.344/2006, the learned Member, Foreigners' Tribunal No.1, Nagaon
by its ex-parte order dated 05.02.2008, opined the applicant to be a
foreigner under the said 1946 Act, who had illegally entered into India on or
after 25.03.1971. In the said ex-parte order dated 05.02.2008, the Tribunal
in its very first paragraph observed that the applicant failed to establish her
Indian citizenship when called upon on the basis of the Draft Electoral Roll of
1997 and accordingly, the matter was referred to the said Tribunal.
7. Pursuant to the said ex-parte order of the Tribunal dated 05.02.2008, a
Quit India notice was issued to the applicant on 28.07.2008 by the
Superintendent of Police (Border), Nagaon, which was challenged before this
Court by her in a writ petition being WP(C) No.295/2009.
8. The learned Single Judge by its judgment and order dated 07.02.2013,
dismissed the said writ petition upholding the ex-parte order of the learned
Tribunal dated 05.02.2008, noted above. Against the same, the petitioner
preferred an appeal being Writ Appeal No.120/2021 and a Co-ordinate Bench
of this Court by order dated 02.06.2023 set aside both the orders, i.e., the
order of the learned Single Judge dated 07.02.2013 passed in WP(C)
No.295/2009 as well as the ex-parte order dated 05.02.2008 passed by the
Foreigners' Tribunal No.1, Nagaon in F.T. Case No.344/2006, directing the
applicant to appear before the said Tribunal on 01.07.2023 with a proof of
payment of cost of Rs.10,000/- imposed upon her to be deposited before the
District Legal Services Authority, Nagaon.
9. Pursuant to the said order of the Co-ordinate Bench of this Court
passed on 02.06.2023 in WA No.120/2021, the applicant on 20.06.2023
deposited the cost of Rs.10,000/- before the District Legal Services
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Authority, Nagaon and obtained the relevant money receipt in that regard,
copy of which has been annexed as Annexure-3 at pages 28 and 29 in this
application and appeared before the Tribunal at Nagaon on 01.07.2023 .
10. However, due to non-availability of the records of the F.T. Case
No.344/2006, Mr. A. Gautam, learned counsel for the applicant submits that
the Tribunal did not record the appearance of the petitioner. Mr. A. Gautam,
learned counsel for the applicant also brought to the notice of the Court that
the record of said F.T. Case No.344/2006 though was forwarded to the
learned Government Counsel by the Foreigners' Tribunal No.1, Nagaon during
pendency of said WP(C) No.295/2009, but the said records was found
missing and could not be placed before the learned Single Judge in WP(C)
No.295/2009 and from the order-sheets of the said writ petition, we have
seen that though the records of said F.T. Case No.344/2006 was forwarded
vide communication No.NFT(No.1)/1/2006-09/221 dated 04.02.2009 to the
learned Government Counsel of the State by the Foreigners' Tribunal No.1,
Nagaon, but the said record was found missing.
11. From the records of the said WP(C) No.295/2009, we have seen that
the Foreigners' Tribunal No.1, Nagaon by its Memo No.1166 dated
26.03.2008 communicated the ex-parte order dated 05.02.2008 passed in
F.T. Case No.344/2006 (State -vs- Halima Khatoon) to (i) Superintendent of
Police (Border), Nagaon; (ii) Election Office, Nagaon; (iii) the Applicant and
also (iv) the Officer-in-Charge of Dhing police station for their information
and necessary action.
12. From the said communication dated 26.03.2008, we have also seen that
while forwarding the copy of the said order dated 05.02.2008 to the
Superintendent of Police (Border), Nagaon, the Foreigners' Tribunal No.1,
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Nagaon also indicated to the said SP(Border) regarding his D Case
No.2598/1998/B, on the bais of which said F.T. Case No.344/2006 was
registered.
13. Considering the above, we accordingly direct the Superintendent of
Police (Border), Nagaon as well as the District Electoral Officer, Nagaon to
apprise the Court and also to place the relevant documents by which the
concerned Electoral Registration Officer (ERO) submitted its report before
the Superintendent of Police (Border), Nagaon with the report of the Local
Verification Officer (LVO) on the basis of which the Superintendent of
Police (Border), Nagaon in its D Case No.2598/1998/B referred the matter
to the Foreigners Tribunal, Nagaon.
14. The District Electoral Officer, Nagaon as well as the Superintendent of
Police (Border), Nagaon shall place the relevant documents along with its
report before the Court on the next date fixed.
15. List on 11.06.2024.
16. A copy of this order along with a copy of the communication dated
26.03.2008 vide Memo No.1166 forwarded by the Foreigners' Tribunal
No.1, Nagaon intimating the order dated 05.02.2008 passed by the said
Tribunal in F.T. Case No.344/2006 be furnished to Mr. Gunjan Sharma,
learned Standing Counsel, Home Department, Assam as well as Mr. Akram
Imtiaz Ali, learned Standing Counsel, Election Commission of India for
their necessary use and onward communication.
JUDGE JUDGE
Comparing Assistant
