Anowara Begum vs Union Of India And 5 Ors
2025 Latest Caselaw 2875 Gua

Gauhati High Court

Anowara Begum vs Union Of India And 5 Ors on 5 February, 2025

Author: K.R. Surana

Bench: Kalyan Rai Surana, Malasri Nandi

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GAHC010272652024




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

                         Case No. : WP(C)/6943/2024

         ANOWARA BEGUM
         DAUGHTER OF SAHABUDDIN ALIAS MD. SAHABUDDIN MANDAL, WIFE
         OF ASAR UDDIN, RESIDENT OF VILLAGE- SORBHOG GAON, P.S.
         SORBHOG, DISTRICT- BARPETA, ASSAM



         VERSUS

         UNION OF INDIA AND 5 ORS.
         REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME
         AFFAIRS, GOVT. OF INDIA, SHASTRI BHAWAN, TILOK MARG, NEW DELHI-
         1

         2:THE STATE OF ASSAM
          REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM
          HOME DEPARTMENT
          DISPUR
          GUWAHATI-6

         3:THE DEPUTY COMMISSIONER OF BARPETA
          P.O. AND DIST. BARPETA
         ASSAM
          PIN- 781301

         4:THE SUPERINTENDENT OF POLICE (BORDER)
          BARPETA
          P.O. AND DIST.- BARPETA
         ASSAM
          PIN- 781301

         5:THE ELECTION COMMISSION OF INDIA
          NEW DELHI-1
                                                                            Page No.# 2/3


            6:THE STATE CO-ORDINATOR OF NRC
            ASSAM
             HOUSEFED COMPLEX
             2ND FLOOR
             BANPHOOL NAGAR
             DISPUR
             GUWAHATI- 78100

Advocate for the Petitioner   : MR. N J DUTTA, M RAHMAN,MR A BASUMATARY,MR. M M
ZAMAN,MR N AHMED

Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, F.T,SC, ELECTION COMMISSION.




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                        ORDER

05.02.2025 (K.R. Surana, J)

Heard Mr. N. Ahmed, learned counsel for the petitioner. Also heard Ms. A. Verma, learned Standing Counsel, FT matters, representing respondent Nos. 2, and 4; Mr. P Sarmah, learned Additional Senior Government Advocate appearing for the respondent No. 3; Mr. H. Kuli, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel, Election Commission of India, for the respondent No.5 and Mr. G. Sarma, learned Standing Counsel for the respondent No.6.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned judgment and order dated 15.03.2023,

passed by the learned Member, Foreigner's Tribunal No. 11 th, Barpeta, Case No.

(Bpt/11th)F.T.564/2016 in P.E. No. IM(D)T Case No. 10295/1998, declaring the petitioner as a foreigner who has entered India illegally after 25.03.1971.

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3. Issue notice including notice of prayer for interim relief returnable on 28.02.2025.

4. Requisite extra copies of the writ petition be furnished to the learned DSGI, State and learned Departmental counsel for the respondents in course of 2 (two) working days.

5. Let the relevant records be called from the concerned Tribunal.

6. Prayer for bail shall be considered upon the receipt of the Tribunal records.

7. Requisition for the same be sent to the following email address of the learned Tribunal:-

[email protected]

8. List on 28.02.2025 and or/on receipt of the concerned records from the learned Tribunal.

                                   JUDGE                   JUDGE


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