Gauhati High Court
Page No.# 1/3 vs The Union Of India And 5 Ors on 30 January, 2025
Author: M.R. Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010128522018
2025:GAU-AS:1072
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3976/2018
MOHIBON NESSA
WIFE OF MD. IDRIS ALI, RESIDENT OF VILLAGE- MESSAMORA
KHANIKAR, P.O. RANGAMATI, P.S. DERGAON, DIST.- GOLAGHAT, ASSAM.
VERSUS
THE UNION OF INDIA AND 5 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, SHASTRI BHAWAN, TILAK MARG, NEW DELHI-1.
2:THE ELECTION COMMISSION OF INDIA
GOVT. OF INDIA
NEW DELHI.
3:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF HOME
DISPUR
GUWAHATI- 6.
4:THE ASSAM STATE COORDINATOR
NRC
BHANGAGARH
GUWAHATI-5.
5:THE SUPERINTENDENT OF POLICE
GOLAGHAT (B)
GOLAGHAT
ASSAM
PIN-
6:THE DEPUTY COMMISSIONER
Page No.# 2/3
GOLAGHAT
P.O. AND DIST.- GOLAGHAT
ASSAM
Advocate for the Petitioner : MD. A MATLIB, MR. R DHAR
Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,MR J PAYENG,SC, NRC,MS. A VERMA,SC,
ECI,MR. D BARUAH
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 30.01.2025
(M.R. Pathak, J)
Heard Mr. A. Matlib, learned counsel for the petitioner. Also heard Mr. S.K.
Medhi, learned CGC for the respondent No. 1; Mr. H. Kuli, learned Standing
Counsel for the Election Commission of India, respondent No. 2; Mr. G. Sarma,
learned Standing Counsel for the Home and Political Department of Government
of Assam as well as the NRC, Assam, respondent Nos. 3, 4 and 5 and Mr. P.
Sharma, learned Additional Senior Government Advocate, Assam for respondent
No. 6.
2. By the impugned opinion/judgment dated 13.12.2017 passed by the
Foreigner's Tribunal, Jorhat in Case No. FTG (D) 92/2011, in a reference being
forwarded by the Superintendent of Police (Border), Golaghat after hearing the
parties and considering the evidence adduce by her, opined the petitioner to be
a foreigner under the Foreigners Act, 1946, who had entered into the territory
of India illegally from the specified territory of Bangladesh after 25.03.1971.
3. Mr. Matlib, learned counsel for the petitioner on instructions has submitted
that that during pendency of this writ petition the petitioner namely Mohibon
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Nessa, wife of Md. Idrish Ali, resident of village - Messamora Khanikar, Police
Station - Dergaon, District - Golaghat expired on 23.02.2021. To that extent Mr.
Malib has placed the death certificate of the petitioner issued by the Registrar,
Birth and Death, Missamora Public Health Centre, District - Golaghat dated
05.03.2021 vide registration No. 94.
4. In view of the above, Mr. Matlib, learned counsel for the petitioner on
instructions of the family members of the petitioner is not pressing this writ
petition to which the counsel for the respondents have no objection.
5. Accordingly, this writ petition stand dismissed being not pressed.
6. Interim protection granted earlier to the petitioner on 18.06.2018 being
infructuous, is hereby recalled.
7. Copy of the death certificate of the petitioner issued by the Registrar, Birth
and Death, Missamora Public Health Centre, District - Golaghat on 05.03.2021
be kept as a part of the record.
8. Registry shall return the records of Case No. FTG(D) 92/2011 to the
Foreigner's Tribunal, Jorhat forthwith along with a copy of this order and also a
copy of the death certificate of the petitioner dated 05.03.2021 issued by the
Registrar, Birth and Death, Missamora Public Health Centre, District - Golaghat.
9. Copy of this order be also forwarded to the Superintendent of Police
(Border), Golaghat for his necessary information.
JUDGE JUDGE
Comparing Assistant
