Allowed

Safia @ Safia Khatun @ Shafia Khatun v. the Union of India and 6 Ors.

Gauhati HC6 Apr 2018WP(C)/2017/2018

Case brief

AI extract

What is this about?

Petitioner challenged a Foreigners Tribunal order declaring her a foreigner. The High Court set aside the Tribunal orders to grant one last opportunity for her to adduce evidence, awarding penalty for future defaults.

What did the court decide?

Set aside the orders dated 19.06.2017 and 13.12.2012; granted one last opportunity to adduce evidence before Foreigners Tribunal (5th), Morigaon within 60 days.

Safia @ Safia Khatun @ Shafia Khatun… — Constitutional and Fundamental Rights | Gauhati HC (2018)

¶1

Page No.# 1/4

¶2

GAHC010026272018

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

¶5

1:SAFIA @ SAFIA KHATUN @ SHAFIA KHATUN W/O JABBER @ ABDUL JABBER @ A. JABBER D/O LT. SAHEBALI PARENTAL ADDRESSR/O VILL- GEREKONI BIL, P.O. AND P.S. DHING, DIST. NAGAON, ASSAM PRESENT ADDRESSR/O VILL- SAHARIA PAM P.S. MOIRABARI DIST. MORIGAON, ASSAM

¶6

VERSUS

¶7

1:THE UNION OF INDIA AND 6 ORS.

¶8

REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI.

¶9

2:THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-06.

¶10

3:THE DEPUTY COMMISSIONER MORIGAON ASSAM

¶11

4:THE SUPERINTENDENT OF POLICE (B) MORIGAON ASSAM

¶12

5:THE OFFICER-IN-CHARGE MOIRABARI POLICE STATION

¶13

Page No.# 2/4

¶14

P.O. AND P.S. MOIRABARI DIST. MORIGAON ASSAM 6:THE ELECTION COMMISSION OF INDIA NEW DELHI PIN - 110001. 7:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) P.O. AND P.S. BHANGAGARH GUWAHATI ASSAM PIN - 781032

¶15

Advocate for the Petitioner : MS. S K NARGIS

¶16

Advocate for the Respondent : ASSTT.S.G.I.

¶17

BEFORE

¶18

HON'BLE MR. JUSTICE UJJAL BHUYAN HON BLE MR. JUSTICE AJIT BORTHAKUR

¶19

ORDER

¶20

Date : 06-04-2018

¶21

(Ujjal Bhuyan, J.)

¶22

Heard Ms. S.K. Nargis, learned counsel for the petitioner and Mr. J. Payeng, learned Special Counsel, Foreigners Tribunal (FT).

¶23

By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 13.12.2012 passed by the Foreigners Tribunal(2^nd ), Morigaon in Case No. FT (D) 10/2009 (State Vs Safia) declaring her to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.03.1971.

¶24

A perusal of the order dated 13.12.2012 would indicate that notice issued by the Tribunal was duly served upon the petitioner whereafter petitioner had entered appearance before the Tribunal along with her engaged lawyer and filed written statement on 26.10.2010. However, when the turn for evidence came, petitioner failed to adduce any evidence. Tribunal waited for more than two years and thereafter decided to proceed with the reference. Since

¶25

Page No.# 3/4

¶26

the facts pleaded in the written statement were not proved, Tribunal passed the order dated 13.12.2012 answering the reference in favour of the State in the above manner.

¶27

Learned counsel for the petitioner submits that petitioner is an illiterate and poverty stricken lady and she could not comprehend the importance of the proceeding. There was a communication gap between the petitioner and her lawyer and petitioner was under the bona fide impression that after filing written statement with documents, there was nothing more to be done. Later on, when the petitioner realized her mistake and found that an adverse order was passed on 13.12.2012, she filed a review petition which was registered as Misc. Case No. 68/2017. However, Tribunal declined to entertain the review petition on the ground of delay and dismissed the same vide order dated 19.06.2017. She therefore, prays for one more opportunity to adduce evidence.

¶28

Learned Special Counsel submits that there is inordinate delay on the part of the petitioner and no fault can be found with the order passed by the Tribunal.

¶29

After hearing learned counsel for the parties and on due consideration, we feel that notwithstanding the default and delay of the petitioner, it would be in the interest of justice if one last opportunity is granted to the petitioner to adduce evidence, she having filed her written statement.

¶30

That being the position, we set aside the orders dated 19.06.2017 and 13.12.2012.

¶31

We notice that initially order was passed by the Foreigners Tribunal (2^nd ), Morigaon. Subsequently, the review petition was taken up by Foreigners Tribunal-5^th , Morigaon.

¶32

Petitioner shall now appear before the Foreigners Tribunal (5^th ), Morigaon in connection with Case No. FT (D)10/2009 along with her evidence-in-chief by way of affidavit on 02.05.2018 at 10.30 am whereafter the Tribunal shall proceed with the reference in accordance with law from the stage of adducing evidence by the petitioner and conclude the same within a period of 60 days from such appearance.

¶33

Needless to say, if there is any default on the part of the petitioner henceforth, Tribunal would be at liberty to pass appropriate order that may be deemed fit and proper.

¶34

Before parting with the record, we make it clear that we have not expressed any

¶35

Page No.# 4/4

¶36

opinion on merit.

¶37

This disposes of the writ petition.

¶38

Registry to inform the concerned Foreigners Tribunal, Superintendent of Police (Border) and Deputy Commissioner for necessary follow-up steps.

¶39

Copies of this order may also be furnished to learned Standing Counsel, Election of India and State Coordinator, NRC, Assam.

¶40

JUDGE JUDGE

¶41

Comparing Assistant

Safia @ Safia Khatun @ Shafia Khatun v. the Union of India and 6 Ors.

Case brief

What is this about?

What did the court decide?

Safia @ Safia Khatun @ Shafia Khatun v. the Union of India and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Nasir Uddin Vs the Union of India and 3 Ors.

Gobinda Saha and 3 Ors. Vs the State of Assam and Anr.

Sri Binod Chandra Sarma and Ors. Vs the State of Assam and Ors.

Nur Islam and Anr. Vs the State of Assam and Anr.

Monowara Khatun Vs the Union of India and 5 Ors.

Zonatun Nessa @ Jatun Nesha Vs the Union of India and 6 Ors.