Gauhati High Court
Morjina Khatun @ Marjina Khatun vs The Union Of India And 6 Ors on 24 September, 2024
Author: M.R.Pathak
Bench: Manash Ranjan Pathak, Soumitra Saikia
Page No.# 1/3
GAHC010141722024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3637/2024
MORJINA KHATUN @ MARJINA KHATUN
D/O- MORJAT ALI @ MARJAT ALI,
W/O- ZAKIR HUSSAIN,
VILL- CHENGLIYA,
P.O.- KALAHBHANGA,
P.S.- BARPETA ROAD,
DIST- BARPETA, ASSAM,
PIN- 781315.
VERSUS
THE UNION OF INDIA AND 6 ORS
REPRESENTED BY THE MINISTRY OF HOME AFFAIRS,
GOVT. OF INDIA, NEW DELHI- 1.
2:THE ELECTION COMMISSION OF INDIA
NEW DELHI-1.
3:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-6.
4:THE COORIDINATOR
NATIONAL REGISTER OF CITIZENS (NRC)
ASSAM
BHANGAGARH
GUWAHATI-05.
Page No.# 2/3
5:THE DEPUTY COMMISSIONER
BARPETA DISTRICT
ASSAM.
6:THE SUPERINTENDENT OF POLICE (B)
BARPETA
DISTRICT- BARPETA
ASSAM.
7:THE OFFICER-IN-CHARGE
BARPETA ROAD POLICE STATION
DISTRICT- BARPETA
ASSAM
Advocate for the Petitioner : MR. R ISLAM, MR S ISLAM
Advocate for the Respondent : DY.S.G.I., SC, ECI,SC, F.T,GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
24-09-2024 (M.R.Pathak, J) Heard Mr. R Islam, learned counsel for the petitioner and Mr. U K Goswami, learned CGC for the respondent No. 1. Also heard Ms. P Baruah, learned Standing counsel, Election Commission of India for the respondent No. 2, Ms. A Verma, learned Standing counsel, Home Department, Assam for the respondent Nos. 3, 6 & 7 as well as Mr. P Sharma, learned Additional Senior Government Advocate, Assam for the respondent No. 5.
2. In a proceeding under the Foreigners Act, 1946, the learned Foreigners Tribunal, Barpeta 11th at Sorbhog in Case No. (Bpt/11th) F.T. 1614/2017 (Reference IMDT Case No. 841/2000) by the impugned opinion dated 23.08.2023 opined the petitioner to be a foreigner as she failed to prove that her grandparents and parents were citizen of India or that she was born in Assam or that she came to Assam before the cutoff date of 01.01.1966 or that she did not come to Assam after the cutoff date.
3. Aggrieved with the said impugned opinion dated 23.08.2023, noted above, the petitioner has Page No.# 3/3 filed this writ petition on 16.07.2024.
4. Before proceeding further, we would like to peruse the records in original pertaining to said Case No. (Bpt/11th) F.T. 1614/2017, wherein the learned Foreigners Tribunal, Barpeta 11 th passed the impugned opinion on 23.08.2023.
5. Call for the record of Case No. (Bpt/11 th) F.T. 1614/2017 from the Office of the learned Foreigners Tribunal, Barpeta 11th at Sorbhog.
6. A copy of this order requisitioning the case records and the forwarding letter by which the case records of said Case No. (Bpt/11 th) F.T. 1614/2017 are sent to this Court be made part of the record file of the concerned Tribunal.
7. This order shall be brought to the notice of the Registrar (Judicial) forthwith.
8. List this matter for Motion, immediately on receipt of the relevant records from the concerned Tribunal.
JUDGE JUDGE Comparing Assistant