Partly allowed

Rahima Khatun v. the Union of India and 5 Ors.

Gauhati HC13 May 2019WP(C)/2836/2019

Case brief

AI extract

What is this about?

In a writ petition challenging a Foreigners Tribunal order declaring the petitioner a foreigner, the High Court, observing repeated absence without valid steps, held that justice required granting the petitioner one more opportunity to contest the reference on merits beforeérias. The impugned order was set aside with a direction to appear by 30.05.2019 or face consequences.

What did the court decide?

Set aside the order/opinion dated 08.03.2018. Directed the petitioner to appear before the Foreigners Tribunal on 30.05.2019 and file a written statement on the same date.

Rahima Khatun Vs the Union of India… — Constitutional and Fundamental Rights | Gauhati HC (2019)

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GAHC010091912019

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

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Case No. : WP(C) 2836/2019

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1:RAHIMA KHATUN W/O MD. KUDDUS ALI, VILL- GOLAGAON P.S- GOBRDHANA, DISTRICT- BAKSA , ASSAM

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VERSUS

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1:THE UNION OF INDIA AND 5 ORS. REP BY THE SECY TO THE GOVT OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TILOK MARG, NEW DELHI-1

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2:THE STATE OF ASSAM REP BY THE COMMISSIONER AND SECY TO THE GOVT OF ASSAM HOME DEPTT DISPUR GHY-6

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3:THE DY COMMISSIONER BAKSA P.O- MUSALPUR DISTRICT- BAKSA ASSAM PIN

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4:THE SUPERINTENDENT OF POLICE(B) BAKSA P.O- MUSALPUR

DISTRICT-BAKSA ASSAM

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PIN 7

5:THE ELECTION COMMISSIONER OF INDIA NEW DELHI 1

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6:THE STATE CO-ORDINATOR OF NATIONAL REGISTRATION OF CITIZEN(NRC) BHANGAGARH GUWAHATI-

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Advocate for the Petitioner : MR. A R SIKDAR

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Advocate for the Respondent : ASSTT.S.G.I. (R 1)

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BEFORE HONOURABLE MR. JUSTICE MANOJIT BHUYAN HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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order

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Date : 13-05-2019

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(Manojit Bhuyan, J)

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Heard Mr. A R Sikdar, learned counsel for the petitioner as well as Mr. U. K. Nair, learned senior counsel representing respondent nos. 2, 3 and 4. Ms. B. Das, learned counsel represents respondent no. 5 and Ms. U. Das, learned counsel appears for respondent no. 6. None appears for the respondent no. 6.

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Petitioner assails order/opinion dated 08.03.2018 passed by the Foreigners’ Tribunal, Baksa, Tamulpur, in FT Case No. 597/Baksa/2016, declaring her to be a foreigner, having illegally entered into India from Bangladesh after 25.03.1971.

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It appears from the materials available on record that the petitioner remained absent on the date of appearance i.e. 03.02.2018. However, steps were taken through her engaged counsel, who prayed for time to file written statement and documents. On 05.02.2018 the petitioner remained absent with steps. But on the next date i.e. 19.02.2018 she remained

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absent without steps. An adverse view was taken by the Tribunal and the impugned order/opinion dated 08.03.2018 was rendered.

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Mr. Sikdar submits that having regard to the fact that the petitioner could not appear before the Tribunal for valid reasons, the reference case ought not to have been decided against the petitioner without granting adequate opportunity to defend the case. It is further stated that the petitioner has a good case on merits and, given one more opportunity, she can successfully discharge the burden as required of her under section 9 of the Foreigners’ Act, 1946. It is further stated that citizenship being a valuable right, fair and reasonable opportunity requires to be afforded.

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We have heard the learned counsels for the parties and have also perused the materials on record. We are of the opinion that for the ends of justice at least one more opportunity should be afforded to the petitioner to contest the police reference on merits. In this view of the matter, we set aside the order/opinion dated 08.03.2018 with direction to the petitioner to appear before the Foreigners’ Tribunal, Baksa, Tamulpur on 30.05.2019 at 10.30 AM, on which date she shall also file written statement without fail. In this regard, no fresh notice is required to be issued by the Tribunal for her appearance. The Tribunal shall proceed accordingly and conclude the proceeding within 60 (sixty) days from 30.05.2019. We make it clear that if the petitioner defaults in appearing before the Tribunal on 30.05.2019 and/or defaults in filing written statement on 30.05.2019 and/or defaults in participating in the proceeding on the subsequent dates to be fixed in the case, it shall be open to the Tribunal to pass such order or orders as may be deemed fit and proper and in accordance with law.

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To the extent above, the writ petition stands allowed.

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JUDGE JUDGE

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Comparing Assistant

Rahima Khatun v. the Union of India and 5 Ors.

Case brief

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Rahima Khatun v. the Union of India and 5 Ors.

Case brief

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