Gauhati High Court
Jarina Khatun @ Zorina vs The Union Of India And 7 Ors on 5 August, 2022
Author: M.R.Pathak
Bench: Manash Ranjan Pathak, Parthivjyoti Saikia
Page No.# 1/5
GAHC010121202022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2206/2022
in
WP(C) No. 3493/2022
JARINA KHATUN @ ZORINA
D/O. LT. ISRAIL HAJI @ ISRAIL SHEIKH, W/O. ABDUL RASHID, VILL.
MOTONGA, P.O. NIMUA, P.S. SALBARI, MOUZA- GOBARDHANA, DIST.
BARPETA, ASSAM.
VERSUS
THE UNION OF INDIA AND 7 ORS.
REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT.
OF INDIA, SHASTRI BHAWAN, NEW DELHI-110001.
2:THE STATE OF ASSAM
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GUWAHATI-781006.
3:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSION
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI-110001.
4:THE STATE COORDINATOR
NATIONAL REGISTRATION OF CITIZENS
ASSAM
1ST FLOOR
Page No.# 2/5
ACHYUT PLAZA
G.S. ROAD
BHANGAGARH
GUWAHATI
ASSAM
PIN-781005.
5:THE FOREIGNERS TRIBUNAL-III
BARPETA
DIST. BARPETA
ASSAM
PIN-781301.
6:THE DEPUTY COMMISSIONER
BARPETA
P.O. BARPETA
DIST. BARPETA
ASSAM
PIN-781301.
7:THE SUPDT. OF POLICE (B)
BARPETA
P.O. BARPETA
DIST. BARPETA
ASSAM
PIN-781301.
8:THE OFFICER IN CHARGE OF SALBARI POLICE STATION
P.O. BAGHBAR
DIST. BARPETA
ASSAM
PIN-781318.
9:THE SUPERINTENDENT OF POLICE (BORDER)
BAKSA
P.O. MUSHALPUR
DISTRICT BAKSA
ASSAM
PIN 781347
Advocate for the Petitioner : MS. D GHOSH
Advocate for the Respondent : ASSTT.S.G.I.
Page No.# 3/5
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
05-08-2022 (M.R.Pathak, J) Heard Ms. H. Betala, learned counsel for the applicant/petitioner and Mr. A. K. Dutta, learned Central Government Counsel for the opposite party/ respondent No. 1. Also heard Mr. G. Sarma, learned Standing counsel, Foreigners' Tribunal, Assam for the opposite party/respondent Nos. 2, 5, 7 & 8; Mr. A. I. Ali, learned Standing counsel, Election Commission of India for the opposite party/respondent No. 3, Ms. L. Devi, learned Standing counsel, NRC for the opposite party/respondent No. 4 and Ms. K. Phukan, learned Government Advocate, Assam for the opposite party/respondent No. 6.
Being aggrieved with the impugned order dated 02.01.2020 passed by the learned Member Foreigners' Tribunal III, Barpeta in F.T. Case No. 41(III) of 2017 corresponding to Ref. IMDT Case No. 4303/B/98 declaring the petitioner to be an illegal migrant/foreigner under the Foreigners Act, 1946, the petitioner has preferred the connected WP(C) No. 3493/2022.
It is submitted that inadvertently in the cause title of the connected WP(C) No. 3493/2022, the Superintendent of Police (Border), Barpeta, P.O.- Barpeta, District- Barpeta, Assam has been made as party respondent No. 7 instead of the Superintendent of Police (Border), Baksa, Mushalpur, District- Baksa, Assam.
It is also submitted that after bifurcation of the district Barpeta, the petitioner falls under the jurisdiction of the Superintendent of Police (Border), Baksa.
Hence, this application preferred by the applicant/petitioner praying for correction of the cause title of the connected WP(C) No. 3493/2022 substituting the respondent No. 7 "the Superintendent of Police (Border), Barpeta, P.O.- Barpeta, District- Barpeta, Assam" by "the Superintendent of Police (Border), Baksa, Mushalpur, District-Baksa, Assam" and for extending the period of her appearance before the Superintendent of Police (Border), Baksa in terms of the order dated 01.06.2022 passed in said WP(C) No. 3493/2022.
We have seen that in the impugned order dated 02.01.2020 of the concerned Foreigners' Page No.# 4/5 Tribunal it was observed that the Superintendent of Police (Border), Barpeta was to be informed about the said order.
However, from the case records of F.T. Case No. 41(III)/2017 available with the records of WP(C) No. 3493/2022, it is seen that in its order dated 02.01.2020 as available in the order sheet of the said records, learned Foreigners' Tribunal observed that the petitioner falls under the jurisdiction of Salbari Police Station of erstwhile Barpeta District which is now under the Baksa District.
Learned counsels for the opposite parties have no objection with regard to correction of the cause title of the respondent No. 7 of the connected WP(C) No. 3493/2022 as well as the extension of period for appearance of the petitioner before the concerned Superintendent of Police (Border), Baksa in terms of the order dated 01.06.2022 passed in the said writ petition.
Considering the above, the petitioner is allowed to correct the cause title of said WP(C) No. 3493/2022 substituting the respondent No. 7 "the Superintendent of Police (Border), Barpeta, P.O.- Barpeta, District- Barpeta, Assam" by "the Superintendent of Police (Border), Baksa, Mushalpur, District-Baksa, Assam".
It is also directed that in the order dated 01.06.2022 passed in WP(C) No. 3493/2022 wherein the name of the Superintendent of Police (Border), Barpeta is reflected, it should be read as the Superintendent of Police (Border), Baksa, Mushalpur, District-Baksa, Assam.
Further, the petitioner is also allowed to appear before the Superintendent of Police (Border), Baksa on or before 26.08.2022 during the office hours between 10:00 am to 04.30 pm directing her to comply with the directions passed earlier on 01.06.2022 in the connected WP(C) No. 3493/2022.
This order shall be read together with the order dated 01.06.2022 passed in the connected WP(C) No. 3493/2022.
With the above observation and direction, this Interlocutory application stands allowed.
JUDGE JUDGE
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Comparing Assistant