disposed of the writ petition challenging the Foreigners Tribunal's order declaring the petitioner a foreigner. The Court found no merit as she failed to prove her link with her projected father, holding the Tribunal's appreciation correct without perversity.
The writ petition stands dismissed and is accordingly disposed of.
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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GAHC010155242019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7300/2019
1:RITA GHOSH @ RITA RANI SEN D/O- LT KARTIK CHANDRA SEN, W/O- SRI HARADHAN GHOSH, R/O- VILLERA KAPILI, P.S. JAMUNAMUKH, DIST- HOJAI, ASSAM, PIN- 782428
VERSUS
1:THE UNION OF INDIA AND 5 ORS. REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI- 110001
2:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSION OF INDIA NIRVACHAN ASHOKA ROAD NEW DELHI
3:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-06
4:THE DY. COMMISSIONER HOJAI DIST- HOJAI ASSAM
5:THE SUPERINTENDENT OF POLICE (B) HOJAI P.O. AND P.S. HOJAI DIST- HOJAI ASSAM
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6:THE NATIONAL REGISTER OF CITIZEN REP. BY THE STATE COORDINATOR ASYUT PLAZA BHANGAGARH GHY-05 DIST- KAMRUP (M) ASSA
Advocate for the Petitioner : MR J C GOGOI
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE HONOURABLE MR. JUSTICE MANOJIT BHUYAN HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
03.02.2020
(P.J. Saikia, J)
Heard Mr. J. C. Gogoi, learned counsel for the petitioner and Mr. A. Kalita, learned standing counsel for the Foreigners Tribunal as well as Ms. A. Verma, learned standing counsel for the NRC.
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16. Exhibit-16 is the death certificate of the father of the petitioner.
JUDGE
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the Writ Court can interfere with the findings of fact made by the Foreigners Tribunal regarding the petitioner's citizenship.
Whether the petitioner succeeded in proving her linkage with her projected father through the submitted documentary evidence.
Colour shows how this judgement treated each authority
Rupjan Begum Vs. Union of IndiaReferred¶43
(2018) 1 SSC 597
Rita Ghosh @ Rita Rani Sen
The Union of India
The Election Commission of India
The State of Assam
The Dy. Commissioner Hojai
The Superintendent of Police (B) Hojai
Manojit Bhuyan
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
