Gauhati High Court
Shajeda Khatun @ Sajeda Begum vs The Union Of India And 6 Ors on 20 January, 2025
Author: M.R. Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010199222024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5042/2024
SHAJEDA KHATUN @ SAJEDA BEGUM
DAUGHTER OF AYNAL HOQUE,
WIFE OF ABDUL LATIF,
PERMANENT RESIDENT OF VILLAGE- PACHIM MATIA (ISLAMPUR),
POLICE STATION- MATIA, DISTRICT- GOALPARA, ASSAM.
VERSUS
THE UNION OF INDIA AND 6 ORS
REPRESENTED BY THE SECRETARY,
MINISTRY OF HOME AFFAIRS,
GOVERNMENT OF INDIA,
SHASTRI BHAWAN, NEW DELHI-110001.
2:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI- 781006.
3:THE ELECTION COMMISSION OF INDIA
REPRESENTED BY THE CHIEF ELECTION COMMISSION
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI- 110001.
4:THE STATE COORDINATOR
NATIONAL REGISTRATION OF CITIZENS
ASSAM
Page No.# 2/4
1ST FLOOR
ACHYUT PLAZA
G.S. ROAD
BHANGAGARH
GUWAHATI
ASSAM
PIN- 781005.
5:THE DISTRICT COMMISSIONER
GOALPARA
POST OFFICE- GOALPARA
DISTRICT- GOALPARA
ASSAM
PIN- 783121.
6:THE SUPERINTENDENT OF POLICE (BORDER)
GOALPARA
POST OFFICE- GOALPARA
DISTRICT- GOALPARA
ASSAM
PIN- 783121.
7:THE OFFICER-IN-CHARGE OF MATIA POLICE STATION
DISTRICT- GOALPARA
ASSAM
PIN- 783125
Advocate for the Petitioner : MS. D GHOSH, MS A HUSSAIN,MR. D K AGARWALA,MR A.K.
HAJONG,MR. S. K. CHAKMA,MR I CHAKMA,MS H BETALA,MS N DEKA
Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, ECI,GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
20.01.2025 Page No.# 3/4 (M.R. Pathak, J) Heard Ms. N. Deka, learned counsel for the petitioner. Also heard Mr. P. S. Bhattacharyya, learned CGC for the respondent No. 1, Ms. A. Verma, learned Standing Counsel, Home Department, for respondent Nos. 2, 5 and 6; Mr. M. Kalita, learned Standing Counsel, ECI, for respondent No. 3, Mr. G. Sharma, learned Standing Counsel, NRC for respondent No. 4 and Mr. P. Sarmah, learned Additional Senior Government Advocate appearing for the respondent No. 5.
2. Dissatisfied with the opinion dated 06.12.2022, passed by the learned Member, Foreigner's Tribunal No. 5th, Goalpara in F.T. Case No- F.T./5/1401/MA/19 (arising out of IMDT Reference Case No. 270/2004), whereby the Tribunal had opined her to be a foreigner under the Foreigner's Act, 1946, the petitioner has preferred this writ petition.
3. Before proceeding any further, we would like to peruse the records of F.T. Case No- F.T./5/1401/MA/19 (arising out of IMDT Reference Case No. 270/2004), wherein the learned Member, Foreigner's Tribunal No. 5th, Goalpara, passed the impugned opinion on 06.12.2022.
4. Office to requisition the record of F.T. Case No- F.T./5/1401/MA/19 from the office of the learned Member, Foreigner's Tribunal No. 5th, Goalpara, Assam.
5. A Copy of this order requisitioning the case record and the forwarding letter by which the case record is sent to this Court be made part of the record file of the Tribunal.
6. As Mr. P. S. Bhattacharyya, learned CGC; Ms. A. Verma, learned Standing Counsel, Home Department; Mr. M. Kalita, learned Standing Counsel, ECI; Mr. G. Sharma, learned Standing Counsel, NRC and Mr. P. Sarmah, learned Additional Senior Government Advocate, Assam have accepted notice on behalf of the Page No.# 4/4 respondent Nos. 1; 2, 5 and 6; 3; 4 and 5 respectively, no formal notice need to be issued to those respondents.
7. Petitioner shall served requisite extra copies of this writ petition along with the Annexures appended thereto to Mr. P. S. Bhattacharyya, learned CGC for the respondent No. 1; Ms. A. Verma, learned Standing Counsel, Home Department, for respondent Nos. 2, 5 and 6; Mr. M. Kalita, learned Standing Counsel, ECI, for respondent No. 3, Mr. G. Sharma, learned Standing Counsel, NRC for respondent No. 4 and Mr. P. Sarmah, learned Additional Senior Government Advocate, Assam by tomorrow, obtaining necessary acknowledgements from them in that regard.
8. This order be brought to the notice of the Registrar (Judicial).
9. Registry shall list this matter after 4(four) weeks for motion immediately on receipt of the record from the concerned Tribunal.
JUDGE JUDGE Comparing Assistant