GUWAHATI, India, Oct. 25 -- Gauhati High Court issued the following order on Sept. 25:

1. Heard Shri J Abbas, learned counsel for the petitioner, Ms. A Verma, learned Standing Counsel, FT, Shri G Sarma, learned Standing Counsel, NRC, Shri H K Hazarika, learned Government Advocate, Assam, Ms. K Phukan, learned Central Government Counsle and Shri A I Ali, learned Standing Counsel, Election Commission of India.

2. The present writ petition under Article 226 of the Constitution of India, has been filed by the writ petitioner to assail the opinion dated 15.11.2023, passed by the learned Member, Foreigners' Tribunal, 7th, Tezpur, at Balipara, in Case No. FTDC 1179/16, arising out of Reference No. TZP.(B)/07/972, dated 28.03.07, by which the petitioner was declared an illegal immigrant, who came to Assam on or after 25.03.1971.

3. Notice was issued in this case on 06.08.2025 and the records of the trial Court were also requisitioned. The records having been received, with the consent of both the parties the matter is taken up for final disposal. Facts revealed from Trial Court Record

4. During the intensive revision of electoral rolls for the 74 Rangapara Assembly Constituency in Assam, with reference to 01.01.2005 as the qualifying date, the Electoral Registration Officer requested the Local Verification Officer to conduct a verification in respect of the petitioner herein. On receipt of the report, the Electoral Registration Officer forwarded the report to the Superintendent of Police, Sonitpur. On receipt of the said request, the Superintendent of Police, Sonitpur, Tezpur, forwarded the same to the Foreigners' Tribunal, Tezpur, for rendering an opinion on the citizenship of the petitioner. The case records were received at the Foreigners' Tribunal-7th , Tezpur and accordingly, Case No. FTDC 1179/16 was initiated against the petitioner.

5. Notices were issued by the Learned Tribunal to the petitioner on 31.08.2021, requiring the petitioner to appear and submit her written statement along with other documents on 05.10.2021. The petitioner filed her written statement on the 11.01.2022. She had annexed documents to the written statement to support her claim of a citizenship in India and to prove the linkage with her projected parents. The petitioner thereafter filed her evidence on affidavit on 26.05.2022. The Petitioner did not appear before the Tribunal on several occasions after that and on the dates when she did appear, her cross examination could not take place for different reasons. By the order dated 24th of May 2023, the Learned Tribunal rejected the application filed on behalf of the petitioner for fixing another date for cross examination as also for filing further evidence and closed the stage of further evidence and cross examination. The Learned Tribunal fixed 17th of June 2023 for arguments in the matter. On that day, the petitioner was present before the Learned Tribunal along with her engaged advocate and filed a petition bearing number 6/2023 praying for setting aside of the last order which had fixed the date of argument and to allow her to file further evidence and also to allow her to face cross examination since she was not able to be present on the last occasion due to her ill health. The learned Tribunal rejected the application of the petitioner on the same day, although there was no representation or objection filed on behalf of the State and fixed 17th of July 2023 for opinion.

6. Through an opinion dated 15.11.2023, the Learned Tribunal held that the petitioner could not discharge her burden under Section 9 of the Foreigners Act, 1946 and the petitioner was declared as a foreigner who came to Assam illegally on or after 25.3.1971.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x5WHI5DzByqCAbsTdJ67O5A5JhVn%2BtkSMmrLZoPFRFD3&caseno=WP(C)/4407/2025&cCode=1&cino=GAHC010162242025&state_code=6&appFlag=)

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