Appeal against the Single Judge's dismissal of a writ petition challenging a Foreigners Tribunal order declaring the appellant a foreigner. The Court rejected the appeal, finding no merit in the appellant's claim that she was not subject to the reference or that she proved Indian citizenship through documentary evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010011002014
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA 217/2014
1:AMBIA KHATUN
D/O LT. SEKENDRA ALI, W/O ABDUL ROSHID, VILL. NELLIE BORPAYAK NO. 1, P.O. NELLIE, P.S. JAGIROAD, DIST. MORIGAON, ASSAM.
VERSUS
1:UNION OF INDIA and 10 ORS.
REPRESENTED BY THE SECY. HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-1
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GHY-6
3:THE DIRECTOR GENERAL OF POLICE ULUBARI GHY-7
4:THE SUPERINTENDENT OF POLICE B MORIGAON DIST- MORIGAON ASSAM
5:THE DY. COMMISSIONER MORIGAON ASSAM 6:THE OFFICER IN CHARGE JAGIROAD POLICE STATION DIST- MORIGAON ASSAM
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FOREIGNERS TRIBUNAL I MORIGAON DIST- MORIGAON
8:THE ENQUIRY OFFICER B JAGIROAD POLICE STATION DIST- MORIGAON ASSAM 9:THE LOCAL VERIFICATION OFFICER JAGIROAD POLICE STATION DIST- MORIGAON ASSAM 10:THE ELECTORAL REGISTRATION OFFICER NO.99 S/C L.A.C. DIST- MORIGAON ASSAM 11:MUST. AAFITA KHATUN W/O ABDUL RASHID VILL. NELLIE BARPAYAK NO.I P.O. NELLIE P.S. GAGIROAD DIST- MORIGAON ASSA
Advocate for the Petitioner : MR.M HUSSAIN
Advocate for the Respondent : MR.MONOJ BHAGABATI
BEFORE
HON'BLE MR. JUSTICE UJJAL BHUYAN HON BLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 09-03-2018
(Ujjal Bhuyan, J)
Heard Mr. M. U. Mondal, learned counsel for the appellant and Mr. S. P. Choudhury, learned Govt. Advocate, Assam.
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aside the order dated 04.12.2012 and accordingly the Misc. case was dismissed.
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“ The learned Tribunal considering the ground assigned in the application and also evidence adduced, both oral and documentary, has passed the impugned order dated 12/02/2014 declining to set aside the ex-parte order, referred to above. In the order the learned Tribunal has referred to the various dates on which the appellant did not appear. Referring to the medical certificates dated 05/11/2013, 05/12/2013 and 30/11/2013 by which it was certified that the appellant was suffering from fever with loose motion from 01/08/2011 to 09/08/2011 and from Tonsilitis from 11/09/2012 to 17/09/2012 and from Abdomen pain with fever from 20/0p9/2011 to 25/09/2011, the learned Tribunal has recorded the findings that the said certificate did not bear any hospital number and registration number of the attending Doctor. It has rightly been held that he said certificates are irrelevant, inasmuch as, even without the same, adjournments had been granted on the dates falling in the said period.
As has been recorded in the impugned order, after appearance of the appellant before the Tribunal, she prayed for time to file W.S. on 20/07/2009, 16/09/2009 and 08/01/2010 which were granted. Thereafter, she remained absent on 11/03/2010, 03/6/2010, 15/09/2010 and accordingly the case was fixed for hearing on 29/09/2010.
When the matter was fixed for ex-parte hearing on 29/09/2010, she appeared by filing petition No. 600/2010 on 29/09/2010 for vacating the order for ex-parte hearing. The prayer was acceded to by awarding costs. Thereafter, she again prayed for time for filing WS on 25/10/2010. On the next date fixed i.e. 01/12/2010, on which date she prayed for time to filing W.S. for want of necessary documents. The said prayer was allowed for ends of justice.
The appellant filed her WS on 01/04/2011 on which date next date was fixed for her evidence on 04/08/2012, on which date she prayed for adjournment followed by adjournment prayed for on the next date i.e. 22/09/2011. Although the prayer was made on the ground of her illness without any supporting medical certificates but the same was allowed fixing the matter on 28/11/2011, on which date the appellant again prayed for time on the ground of “marriage ceremony” at her house. On 13/09/2012, the appellant again prayed for time for evidence on the ground of her illness without any medical certificate. However, her prayer was allowed giving her a special chance fixing the matter on 04/12/2012 on which date she was remained absent without any step.
From the above narration of facts it appears that even if the medical certificates which the appellant produced before the learned Tribunal for setting aside the exparte
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order are taken on its face value then also the said certificates did not cover the relevant period including 04/12/2012. As has been noted above, the appellant was required to file “appropriate application” in terms of paragraph 92 of Moslem Mondal (supra). As to what is the ground she has assigned before the Tribunal has been noted above.”
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of Borpayak Bongali gaon under Jagiroad Police Station in the district of Morigaon.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the High Court can interfere with the order of the Single Judge dismissing the writ petition challenging the Foreigners Tribunal's order declaring the appellant a foreigner.
Whether the appellant successfully discharged the burden of proving Indian citizenship by establishing a link with her alleged father.
Ambia Khatun
Union of India
Ujjal Bhuyan
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
