Allowed

Saleha Bibi v. the Union of India and 7 Ors.

Gauhati HC11 May 2022Review.Pet./57/2020

Case brief

AI extract

What is this about?

In a review petition, the Gauhati High Court allowed the review primarily to maintain consistency with a separate judgment where a co-proceedee received reconsideration. The Court remanded the matter to the Foreigners Tribunal for fresh consideration without deciding on the merits of the review grounds.

What did the court decide?

The petition allowing the review is allowed by recalling the earlier dismissal order and remanding the matter to the Foreigners Tribunal, Kokrajhar for fresh consideration with the review petitioner j

Saleha Bibi Vs the Union of India and 7 Ors. — Writ and Judicial Review | Gauhati HC (2022)

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GAHC010062462020

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

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Case No. : Review.Pet./57/2020

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SALEHA BIBI

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W/O- LATE HAZRAT ALI KHAN, R/O- VILL.- HASRAWBARI NO. 1, P.O. SAPKATA, P.S. GOSSAIGAON, DIST.- KOKRAJHAR, BTAD, ASSAM.

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VERSUS

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THE UNION OF INDIA AND 7 ORS

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

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2:THE ELECTION COMMISSIONER OF INDIA ASHOKA ROAD NEW DELHI- 110001.

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3:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6.

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4:THE STATE COORDINATOR OFFICE OF THE STATE COORDINATOR NRC ASSAM 1ST FLOOR ACHYUT PLAZA G.S. ROAD BHANGAGARH GUWAHATI ASSAM PIN- 781005.

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5:THE DEPUTY COMMISSIONER KOKRAJHAR P.O. AND DIST.- KOKRAJHAR BTAD ASSAM PIN- 783370. 6:THE SUPERINTENDENT OF POLICE (BORDER) KOKRAJHAR P.O. AND DIST.- KOKRAJHAR BTAD ASSAM PIN- 783370. 7:THE OFFICER-IN-CHARGE GOSSAIGAON POLICE STATION VILL. AND P.O. GOSSAIGAON DIST.- KOKRAJHAR ASSAM PIN- 783360. 8:THE ELECTORAL REGISTRATION OFFICER NO. 28 GOSSAIGAON LAC P.O. GOSSAIGAON DIST.- KOKRAJHAR ASSAM PIN- 783360

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Advocate for the Petitioner : MS. D GHOSH

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

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BEFORE HON’BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH HON’BLE MR. JUSTICE SOUMITRA SAIKIA

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:: O R D E R ::

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11.05.2022

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[N. Kotiswar Singh, CJ(Acting)]

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Heard Ms. D. Ghosh, learned counsel appearing for the review petitioner. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K.D. Choudhury, learned ASGI for

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respondent No.1; Ms. Devi also appears for respondent No.4 as the learned Standing Counsel, NRC; Mr. A. Bhuyan, learned Standing Counsel, ECI for respondent Nos.2 & 8; Mr. G. Sarma, learned Standing Counsel, Foreigners Tribunal appearing for respondent Nos.3, 6 & 7 and Ms. U. Das, learned Additional Senior Govt. Advocate, Assam for respondent No.5.

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In this petition, the review petitioner has sought for review of the order dated 11.12.2019 passed in WP(C) No.5828/2019 by which the challenge to the ex-parte order dated 09.01.2017 passed by the learned Foreigners Tribunal, Kokrajhar in Case No. K/FT/D/1410/2006 was dismissed by this Court.

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It has been submitted by Ms. Ghosh, learned counsel for the review petitioner that though the review petitioner had filed the said writ petition which was dismissed by this Court on 11.12.2019, it was against the common order passed not only against the review petitioner but also against another proceedee, namely, Musstt. Anowara Bibi.

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In other petition, separately preferred before this Court by Musstt. Anowara Bibi in WP(C) No.8206/2019, against the same ex-parte order, this Court had allowed the petition vide order dated 28.10.2021 by setting aside the ex-parte order dated 09.01.2017 as far as the said Musstt. Anowara Bibi was concerned and this Court in the aforesaid writ petition, WP(C) No.8206/2019 remanded the matter to the learned Foreigners Tribunal for a fresh consideration.

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It has been submitted that since the said writ petition filed by Musstt. Anowara Bibi arising out of the same common order has been allowed by this Court, no prejudice will be caused to the State if similar direction is issued by reviewing the order dated 11.12.2019 passed in WP(C) No.5828/2019.

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The additional plea of the review petitioner in the present case is that, no reference was made against the review petitioner, Saleha Bibi. The reference was made against only Musstt. Anowara Bibi but a common proceeding was initiated before the learned Foreigners Tribunal, Kokrajhar in K/FT/D/1410/2006 resulting in passing of the ex-parte order dated 09.01.2017 as referred above.

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Having heard the learned counsel for the parties, we are of the view that, in the event, we dismiss this review petition on the grounds raised by the State that no legally permissible grounds evident in this petition, it would lead to a situation where one of the proceedees would have the benefit of reconsideration which will be denied to the other proceedee.

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In our view, since the matter involves citizenship, an important right of a person, to avoid such incongruency and since the proceeding was common against both the proceedees, it would be appropriate, in the interest of justice, to remand the matter relating to the review petitioner by reviewing the order passed on 11.12.2019 in WP(C) No.5828/2019. As regards the plea of the review petitioner that there was no reference against her and as such no proceeding could have been initiated by the Foreigners Tribunal, the review petitioner would be at liberty to take the plea before the learned Foreigners Tribunal.

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Accordingly, for the reasons discussed above, without entering into the merit as to whether any valid grounds have been made out for reviewing the order dated 11.12.2019, under the peculiar circumstances, we allow this petition by recalling the order dated 11.12.2019 passed in WP(C) No.5828/2019 and remand the matter to the learned Foreigners Tribunal, Kokrajhar for fresh consideration. The Review petitioner will, accordingly, appear before the learned Foreigners Tribunal on or before 20^th June, 2022 and file her written statement and raise all such pleas as permissible under the law.

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Learned Foreigners Tribunal, after hearing the review petitioner, will pass appropriate order in accordance with law.

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Since this Court had already directed reconsideration in the earlier writ petition in WP(C) No.8206/2019, the review petitioner will join the proceeding along with her coproceedee. The learned Tribunal will allow the review petitioner to file her written statement and adduce evidence and raise such pleas as permissible as directed above.

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Review petitioner will continue to avail the interim protection granted by this Court on

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31.03.2022 in this petition till culmination of the proceeding.

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With the above observations and directions, the present petition stands disposed of.

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Let the LCR be remitted to the concerned Foreigners Tribunal forthwith.

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JUDGE CHIEF JUSTICE (ACTING)

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Comparing Assistant

Saleha Bibi v. the Union of India and 7 Ors.

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Saleha Bibi v. the Union of India and 7 Ors.

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