Gauhati High Court
Kahinur Begum vs The Union Of India And 3 Ors on 19 July, 2021
Bench: N. Kotiswar Singh, Soumitra Saikia
Page No.# 1/3
GAHC010139932017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5427/2017
KAHINUR BEGUM
W/O. MD. ASMAT ALI, VILL. BAULURI GUNAI PANI, P.O. CHIRAKUTI, P.S.
FAKRIGANJ, DIST. DHUBRI, ASSAM.
VERSUS
THE UNION OF INDIA and 3 ORS.
REP. BY THE SECRETARY TO THE HOME DEPTT., GOVT. OF INDIA, NEW
DELHI.
2:THE STATE OF ASSAM
REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY.-06.
3:THE DY. COMMISSIONER
DHUBRI DISTRICT
DHUBRI
ASSAM.
4:THE SUPDT. OF POLICE
BORDER
DIST. DHUBRI
ASSAM
Advocate for the Petitioner : MR.B D DAS
Advocate for the Respondent :
Page No.# 2/3
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE SOUMITRA SAIKIA
:: O R D E R ::
19.07.2021 [N. Kotiswar Singh, J] Heard Ms. R. Deka, learned counsel for the petitioner. Also heard Mr. A. Kalita, learned Special Counsel, FT appearing for respondent Nos. 2-4 and Ms. L. Devi, learned counsel appearing on behalf of Mr. R. K. D. Choudhury, learned ASGI for respondent No.1.
2. The present petition has been filed against the ex-parte order dated 29.04.2017 passed by the learned Foreigners Tribunal (II), Dhubri, Assam in F.T. Case No. 108/F/15 [Police Reference Case No.416/D/08] by which the petitioner was declared as a foreigner of post 1971 stream.
3. The case of the petitioner is that after receiving notice from the Foreigners Tribunal, she duly appeared before the Tribunal and filed her written statement and also the relevant documents. Unfortunately, after filing of the evidence-in chief, the petitioner remained absent on account of certain gynaecological problems she was suffering from, for which she was undergoing treatment.
4. Because of her inability to appear before the Foreigners Tribunal as stated above, the matter was proceeded ex-parte. Thereafter, the petitioner has approached the Tribunal by filing an application on 05.06.2017 seeking for recalling of the said ex-parte order dated 29.04.2017 and giving her an opportunity to contest the claim before the Foreigners Tribunal. However, the Foreigners Tribunal declined to entertain the said application without passing any order.
5. Accordingly, being aggrieved, the petitioner has approached this Court.
6. Heard the learned counsel for the parities and perused the materials on record.
7. From the records, it appears that the petitioner was suffering from gynaecological problems for which she was undergoing treatment. The fact that the petitioner was keen to contest the claim is event from the fact that she had appeared and also filed her documents Page No.# 3/3 and also the evidence-in-chief way of affidavit. However, since the petitioner was undergoing treatment which we find to be substantiated, we are of the view that the petitioner may be afforded another opportunity to appear before the Tribunal to contest the claim of the referral authority that she is a foreigner by adducing necessary evidence in that regard.
8. Accordingly, we allow this petition by setting aside the impugned ex-parte order dated 29.04.2017 passed by the learned Foreigners Tribunal (II), Dhubri.
9. The petitioner will appear before the Foreigners Tribunal (II), Dhubri on or before 31.08.2021. Thereafter, the Tribunal will proceed with the matter in accordance with law.
10. However, since the petitioner's citizenship is under cloud because of the ex-parte order dated 29.04.2017 passed by the learned Member, Foreigners Tribunal (II), Dhubri in the aforesaid case and though the same has been set aside, the petitioner will appear before the Superintendent of Police (Border), Dhubri within 10(ten) days from today but the petitioner will remain on bail on furnishing a bail bond Rs.5,000/- (Rupees five thousand) with one local surety of the like amount to the satisfaction of the said authority. The concerned Superintendent of Police (Border) shall also take steps for capturing the fingerprints and biometrics of the iris of the petitioner. The petitioner shall not leave the jurisdiction of Dhubri district without giving details of the place of destination and her place of stay to the Superintendent of Police (Border), Dhubri.
11. With the above observation and direction, the present petition stands disposed of.
JUDGE JUDGE Comparing Assistant