The Gauhati High Court granted the petitioner 30 days to register as a foreigner with the FRRO, following a previous order in a similar case, clarifying consequences for failure to comply.
Granted 30 days time to approach the FRRO for registration as a foreigner.
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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GAHC010206042019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 6349/2019
1:GOLEJA BIBI
D/O- MD. JALIL SK @ ABDUL JALIL, W/O- NURUL ISLAM, VILL- NO.6 JAMDOHA, P.S. BIJNI (NOW MANIKPUR), DIST- CHIRANG (NOW BONGAIGAON)
VERSUS
1:UNION OF INDIA AND 5 ORS. REP. BY THE SECY. TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, SHASTRI BHAWAN, TILOK MARG, NEW DELHI-1 2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE HOME DEPTT. DISPUR GHY-6
3:THE DY. COMMISSIONER BONGAIGAON P.O. P.S. AND DIST- BONGAIGAON ASSAM PIN- 782001
4:THE SUPERINTENDENT OF POLICE (B) BONGAIGAON P.O. P.S. AND DIST- BONGAIGAON ASSAM PIN- 782001
5:THE ELECTION COMMISSIONER OF INDIA
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NEW DELHI NEW DELHI-1
6:THE STATE CO-ORDINATE NATIONAL RIGHTS OF CITIZENS (NRC) ASSAM BHANGAGARH GHY-
Advocate for the Petitioner : MR. A R SIKDAR
Advocate for the Respondent : ASSTT.S.G.I. (R1)
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 04-12-2019
(Suman Shyam, J)
Heard Mr. A. R. Sikdar, learned counsel appearing for the petitioner. Also heard Mr. A. Kalita, learned Standing Counsel, Foreigners’ Tribunal; Ms. A. Verma, learned Standing counsel, NRC; Ms. B. Das, learned Standing counsel, ECI and Ms. G. Hazarika, learned CGC appearing for the respondent No. 1.
2. This writ petition is directed against the judgment and order dated 25.09.2018 passed by the learned Member, Foreigner’s Tribunal No. 1, Bongaigaon, Assam, in F. T. Case. No. BNGN/544/2007, whereby, the petitioner has been declared as a foreigner of the 1966-1971 stream and was accordingly, directed to register her name under Rule-19 of the Citizenship Rule, 2009, before the Foreigners Regional Registration Officer(FRRO) within 60(sixty) days from the date of the order.
3. Mr. Sikdar, learned counsel for the petitioner submits that although the order of the learned Tribunal has been assailed in this writ petition, his client merely seeks an extension of time to approach the concerned FRRO for registering her name as a foreigner. By urging that extremely poor health condition of her husband had prevented the petitioner from making such application for registration as
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a foreigner, within the time frame provided by the learned Tribunal i.e. 60(sixty) days from the date of the order, Mr. Sikdar, submits that the petitioner be granted an opportunity to approach the registering authority by fixing a time limit for the purpose.
4. The learned counsel for the petitioner has also produced a copy of the order dated 21.10.2019, passed by this Court in WP(C)5405/2019 (Akbar Ali and 2 Ors. v. The Union of India and 7 Ors.), whereby, in a similar situation, this Court had granted 30(thirty) days time to the petitioners to approach the concerned authority for registration. Mr. Sikdar has prayed for a similar order in this case as well.
5. The prayer made by the petitioner’s counsel for enlarging the time as granted by the Foreigners’ Tribunal has not been opposed by Mr. Kalita, learned Standing Counsel, FT.
6. We have noticed that by following the ratio laid down in the case of Pranoti Bala Sarkar and Ors. v. State of Assam and Ors., in WP(C)2295/2014 decided on 11.09.2017 as well as in the case of State of Assam and Ors. v. Moslem Mondal and Ors. reported in (2013) 1 GLT 809 , wherein, it was held that for the ends of justice, the petitioners can be permitted to get themselves registered as foreigners belonging to the 1966-1971 stream, even at a belated stage, this Court has passed an order granting 30(thirty) days time to the petitioners in the case of Akbar Ali (Supra) to approach the FRRO by spelling out the consequences in default, thereof.
7. After perusal of the order of this Court referred to by Mr. Sikdar, we are of the view that the present is also a fit case, where a similar direction can be issued. We therefore, dispose of this writ petition by granting 30(thirty) days time to the petitioner w.e.f. today i.e. 04.12.2019 to approach the Foreigners Regional Registration Officer(FRRO), Nagaon with appropriate application for registering herself as a foreigner.
8. It is made clear that if the petitioner fails to approach the FRRO within 30(thirty) days from today, she shall be liable to be apprehended and deported from India. It is also made clear that as per the mandate of law, the electoral rights of the petitioner shall remain suspended for a period of 10(ten) years w.e.f. the date of registration and her name shall also not be included in any Electoral Roll during that period.
9. With the above observations, this writ petition stands disposed of.
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10. A copy of this order be furnished to Mr. A. Kalita, learned Standing counsel, Foreigner’s Tribunal, for necessary action.
JUDGE JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioner should be granted an extension of time to register as a foreigner after being declared an outsider by the Foreigners Tribunal.
What are the consequences of failing to register as a foreigner by the extended deadline.
Whether the petitioner's electoral rights are suspended during the period of registration as a foreigner.
Colour shows how this judgement treated each authority
State of Assam and Ors. v. Moslem Mondal and Ors.Referred¶6
(2013) 1 GLT 809
Pranoti Bala Sarkar and Ors. v. State of Assam and Ors.Referred¶6
Pranoti Bala Sarkar and Ors. v. State of Assam and Ors., WP(C)2295/2014
Akbar Ali and 2 Ors. v. The Union of India and 7 Ors.Followed¶6
WP(C)5405/2019 (Akbar Ali and 2 Ors. v. The Union of India and 7 Ors.)
GOLEJA BIBI
UNION OF INDIA
STATE OF ASSAM
DY. COMMISSIONER BONGAIGAON
SUPERINTENDENT OF POLICE (B) BONGAIGAON
ELECTION COMMISSIONER OF INDIA
SUMAN SHYAM
PARTHIVJYOTI SAIKIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
