Gauhati High Court
Firoja Khatun @ Feroja Begum vs The Union Of India And 6 Ors on 20 January, 2025
Author: M.R. Pathak
Bench: Manash Ranjan Pathak
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GAHC010200452024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5025/2024
FIROJA KHATUN @ FEROJA BEGUM
D/O- SHONA ULLAH SHEIKH,
W/O- SHONA UDDIN,
PERMANENT R/O- VILLAGE- KALNOI,
P.O-MEDORTARI, P.S- FAKIRGANJ, DIST-DHUBRI, ASSAM
VERSUS
THE UNION OF INDIA AND 6 ORS
REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF
INDIA, SASTRI BHAWAN, NEW DELHI- 110001.
2:THE STATE OF ASSAM
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-6
3:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI-110001
4:THE STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS
ASSAM
1ST FLOOR
ACHYUT PLAZA
G.S ROAD.
BHANGAGARH
GUWAHATI-05
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DIST- KAMRUP (M)
5:THE DISTRICT COMMISSIONER
P.O AND DIST- DHUBRI
ASSAM
PIN-783301
6:THE SUPERINTENDENT OF POLICE (B)
P.O AND DIST- DHUBRI
ASSAM
PIN-783301
7:THE OFFICER IN CHARGE
FAKIRGANJ POLICE STATION
DIST- DHUBRI
ASSAM
PIN-78333
Advocate for the Petitioner : MS. D GHOSH, MR A.K. HAJONG,MS H BETALA,MS A
HUSSAIN,MR. S. K. CHAKMA,MS N DEKA
Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, F.T
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
20.01.2025 (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.
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2. Dissatisfied with the opinion dated 24.04.2024, passed by the learned Member, Foreigner's Tribunal (II), Dhubri in Case No-F.T. Case No. 1585/F/16 (arising out of Police Ref. IMDT Case No. 559/1998), 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. 1585/F/16 (arising out of Police Ref. IMDT Case No. 559/1998), wherein the learned Member, Foreigner's Tribunal No-II, Dhubri, passed the impugned opinion on 24.04.2024.
4. Office to requisition the record of F.T. Case No. 1585/F/16 from the office of the learned Member, Foreigner's Tribunal No-II, Dhubri, 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 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 Page No.# 4/4 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