GAUHATI HIGH COURT ISSUES ORDER ON MUSSTT. AMBIA KHATOON V/S THE UNION OF INDIA AND 5 ORS

GUWAHATI, India, Sept. 7 -- Gauhati High Court issued the following order on Aug. 6:

1. Heard Mr. A.R. Sikdar, learned counsel appearing for the petitioner. Also heard Ms. S. Baruah, learned CGC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; Mr. G. Sarma, learned standing counsel for the FT matters and NRC and Mr. H.K. Hazarika, learned Govt. Advocate for the respondents.

2. The present writ petition has been preferred by the writ petitioner under Article 226 of the Constitution of India assailing the opinion rendered on 27-09-2019 by the learned Member, Foreigners Tribunal (4th), Nagaon, Juria, Assam in F.T. Case No. 145/2016 arising out of Police Reference FT Case No. 75/2016.

3. The facts of the case, briefly stated, are that the Superintendent of Police (Border), Nagaon had made a reference vide FT Case No. 75/2016 to the Foreigners Tribunal No. 1, Nagaon for a decision as to whether the petitioner had entered Assam on or after 25-03- 1971 without any valid documents and whether she is a foreigner after 25-03-1971 as per Foreigners Tribunal Act, 1964. The reference was transferred to the Foreigners Tribunal (4th), Nagaon as per notification issued by the Govt. and was registered as FT Case No. 145/2016. Upon receipt of notices which were issued on 23-05-2016, the writ petitioner/ proceedee appeared through her counsel and submitted written statement.

4. The order dated 27-09-2019 records that the examination of the prosecution side was dispensed by the learned Tribunal in order to speed up disposal of the reference case.

5. The writ petitioner/ proceedee had submitted her examination-in-chief and had also produced affidavits of witnesses. She exhibited a certificate issued by the Gaon Burah of Melekadhing and Goria Kawoimari village as Exhibit-1; Certified copy of the Voters List of 1965 as Exhibit-2; Certified copy of the Voters List of 1970 as Exhibit-3 and land deeds as Exhibit-4, Exhibit- 5 and Exhibit-6. The Gaon Burah, who had issued the Exhibit-1, adduced evidence as DW-1. Record reveals that on 19-05-2017, after consideration of entire materials on record, the learned Tribunal opined that the proceedee/ writ petitioner was not a foreigner or illegal migrant of any stream. The reference was accordingly answered in the negative. It was noted in the order dated 19-05-2017 that the opinion would follow in separate sheets.

6. In the meantime, this Court in W.P.(Suo-Motu) Case No. 01/2018 passed an order with regard to around 218 references of the Foreigners Tribunal (4th), Nagaon at Juria and Foreigners Tribunal (5th), Nagaon at Dhing to the effect that the order of disposal in those cases would be treated to be non est in the eye of law and such orders were accordingly set aside. It was further directed that all the above 218 references were now required to be heard afresh from the respective stages. The FT Case No. 145/2016 was listed at Sl. No. 70 of the said order in respect of the 188 references disposed of by the Foreigners Tribunal (4th), Nagaon at Juria.

7. Pursuant to memo No. HC-XXI/1528/1532 dated 22-06-2018 issued by the Gauhati High Court, the learned Tribunal again issued notice to the writ petitioner/ proceedee and fixed the matter for argument. Accordingly, the proceedee appeared and submitted arguments and the then Member also put signature on the exhibited documents which were not signed by the erstwhile Member.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x8aRaAVNVw%2F0BTeakCiPXVCmUEV4ZGUL66h4iuD8za5n&caseno=WP(C)/3976/2025&cCode=1&cino=GAHC010147072025&state_code=6&appFlag=)

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