Allowed

Musstt Fajila Khatoon @ Fojila @ Phajila Khaton v. the Union of India and 5 Ors.

Gauhati HC13 Jun 2022I.A.(Civil)/1542/2022

Case brief

AI extract

What is this about?

This interlocutory application seeks an extension of time for a writ petitioner to appear before the Foreigners Tribunal and Superintendent of Police, citing medical illness preventing appearance within the stipulated period.

What did the court decide?

Time granted for appearance before Foreigners Tribunal and Superintendent of Police is extended by one month.

Musstt Fajila Khatoon @ Fojila @… — Constitutional and Fundamental Rights | Gauhati HC (2022)

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GAHC010098092022

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

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Case No. : I.A.(Civil)/1542/2022

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MUSSTT FAJILA KHATOON @ FOJILA @ PHAJILA KHATON D/O LT. ABDUL HASEM, W/O MD. BILLAL ALI, R/O TALBALISAN GAON (ROKASAN BOSTI), P.S.-BOKAJAN, DIST-KARBI ANGLONG, ASSAM, AND PRESENTLY RESIDING AT GOLAGHAT TOWN, P.O., P.S. AND DISTGOLAGHAT, PIN-785621, ASSAM

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VERSUS

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THE UNION OF INDIA AND 5 ORS

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REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001

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2:THE STATE OF ASSAM

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT DISPUR

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GHY-6

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3:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSIONER NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001

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4:THE S TATE COORDINATOR NATIONAL REGISTER OF CITIZENS ACHYUT PLAZA G.S. ROAD BHANGAGARH GUWAHATI ASSAM-781005

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5:THE SUPERINTENDENT OF POLICE (B) GOLAGHAT DIST. GOLGHAT ASSAM PIN-785621 6:THE DEPUTY COMMISSIONER GOLAGHAT DISTRICT ASSAM PIN-78562

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Advocate for the Petitioner : MR. S A AHMED

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

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Linked Case : WP(C)/633/2022

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MUSSTT FAJILA KHATOON @ FOJILA @ PHAJILA KHATON D/O LT. ABDUL HASEM W/O MD. BILLAL ALI R/O TALBALISAN GAON (ROKASAN BOSTI) P.S.-BOKAJAN DIST-KARBI ANGLONG ASSAM AND P/R/A GOLAGHAT TOWN P.O. P.S. AND DIST-GOLAGHAT PIN-785621 ASSAM VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HOME NEW DELHI-110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR

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Page No.# 3/4

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GUWAHATI-06 3:ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001 4:THE STATE CO-ORDINATOR OF NATIONAL REGISTER OF CITIZENS ACHYUT PLAZA G.S. ROAD, BHANGAGARH GUWAHATI-781005 ASSAM 5:SUPERINTENDENT OF POLICE (BORDER) DIST-GOLAGHAT ASSAM, PIN-785621 6:THE DEPUTY COMMISSIONER GOLAGHAT DISTRICT ASSAM, PIN-785621 -----------Advocate for : MR. JYOTIRMOY ROY Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS

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BEFORE

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HONOURABLE THE CHIEF JUSTICE (ACTING) HONOURABLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 13-06-2022

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[N. Kotiswar Singh, C.J. (Acting)]

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Heard Mr. S. A. Ahmed, learned counsel for the applicant.

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The applicant before this Court filed a writ petition [WP(C) 633/2022] challenging the ex parte order dated 27.11.2018, passed by the Foreigners Tribunal, Jorhat, Assam, in Case No. FTG.202/2014, whereby the applicant/writ petitioner was declared a foreigner of post1971 stream. By the order dated 18.02.2022, while setting aside the order dated 27.11.2018 passed by the Foreigners Tribunal, this Court had directed the petitioner to appear before the Foreigners Tribunal, Jorhat, on or before 21.03.2022 to file written statement and also to appear before the Superintendent of Police (Border), Golaghat.

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This Interlocutory Application has been filed by the applicant seeking extension of time for appearing before the Foreigners Tribunal, Jorhat, in terms of the order dated 18.02.2022

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passed by this Court in WP(C) 633/2022.

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It is submitted by the learned counsel for the applicant that from February, 2022 till April, 2022, the applicant/writ petitioner was suffering from certain abdominal illness because of which she was undergoing medical treatment and as such she could not appear before the Foreigners Tribunal, Jorhat, and the Superintendent of Police (Border), Golaghat, within the stipulated period as directed by this Court. Learned counsel for the writ petitioner/applicant submits that since the inability of the writ petitioner/applicant to appear before the Foreigners Tribunal and the Superintendent of Police (Border) was due to the reasons beyond her control, the time earlier granted by this Court for her appearance may be extended for a period of one month from today. Learned counsel for the applicant has also drawn our attention to certain medical documents annexed to this Interlocutory Application, which show that the applicant was under medical treatment from 05.02.2022 till 07.04.2022.

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Considering the submissions advanced by the learned counsel for the applicant and the plea taken by the petitioner that she was suffering from certain illness for which she could not appear before the authorities within the stipulated time as directed by this Court, we are inclined to allow this Interlocutory Application.

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Accordingly, the time earlier granted by this Court vide order dated 18.02.2022 for appearance of the writ petitioner/applicant is hereby extended. The writ petitioner/applicant will now appear before the Foreigners Tribunal, Jorhat, and the Superintendent of Police (Border), Golaghat, within a period of one month from today in terms of the order dated 18.02.2022, passed in WP(C) 633/2022.

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Interlocutory Application stands disposed of.

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JUDGE CHIEF JUSTICE (ACTING)

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Comparing Assistant

Musstt Fajila Khatoon @ Fojila @ Phajila Khaton v. the Union of India and 5 Ors.

Case brief

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Musstt Fajila Khatoon @ Fojila @ Phajila Khaton v. the Union of India and 5 Ors.

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