Allowed

Monowara Begum @ Manowara Begum v. the Union of India and 6 Ors.

Gauhati HC15 Jun 2022WP(C)/5056/2021

Case brief

AI extract

What is this about?

Petitioner challenged an ex-parte order declaring her a foreigner under the Foreigners (Tribunals) Act, claiming she was an Indian prevented from attending by an Assam Bandh. The High Court found her submission credible, set aside the ex-parte order, and directed the petitioner to appear on 21.07.2022 to adduce evidence before the Tribunal.

What did the court decide?

Petitioner directed to appear before the Foreigners' Tribunal on 21.07.2022 to adduce evidence; impugned ex-parte order of 22.01.2020 set aside; prior interim order continued.

Monowara Begum @ Manowara Begum Vs the… — Constitutional and Fundamental Rights | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010145012021

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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)/5056/2021

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MONOWARA BEGUM @ MANOWARA BEGUM W/O. GULJAR HUSSAIN @GALJAR @ GOLJAR, D/O. LT. ABDUL AJIJ, VILL. BHOMORAGURI (BHOJKHOWA CHAPORI), P.S. TEZPUR, DIST. SONITPUR, ASSAM.

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VERSUS

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THE UNION OF INDIA AND 6 ORS.

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

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2:THE ELECTION COMMISSION OF INDIA

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NEW DELHI-110001.

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3:THE STATE OF ASSAM

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REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM HOME AND POLITICAL (B) DEPTT. DISPUR GUWAHATI-781006.

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4:THE STATE CO-ORDINATOR OF NATIONAL REGISTRATION (NRC)

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ASSAM BHANGAGARH GUWAHATI-781005.

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5:THE DEPUTY COMMISSIONER

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SONITPUR DISTRICT P.O. TEZPUR

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Page No.# 2/4

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ASSAM PIN-784001. 6:THE SUPDT. OF POLICE (B)

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SONITPUR P.O. TEZPUR DIST. SONITPUR ASSAM PIN-784001. 7:AMIT BORAH ADVOCATE C/O- TEZPUR BAR ASSOCIATION P.O AND P.S TEZPUR DIST.- SONITPUR ASSAM PIN-784001

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Advocate for the Petitioner : MR. A R SIKDAR

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

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BEFORE

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HON'BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH HON'BLE MR. JUSTICE NANI TAGIA

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ORDER

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15.06.2022

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[ N. Kotiswar Singh, CJ(Acting) ]

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Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned CGC appearing for respondent No.1 as well as appearing on behalf of standing counsel, NRC, for respondent No.4; Mr. G. Sarma, learned special counsel, FT, appearing for respondent Nos.3 and 6; Mr. A. Bhuyan, learned standing counsel, ECI, appearing for respondent No.2 and Ms. U. Das, learned Additional Senior Government Advocate, Assam, appearing for respondent No.5. None appear for the private respondent No.7.

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Page No.# 3/4

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2. In this petition, the petitioner has challenged the order dated 22.01.2020 passed by the learned Foreigners' Tribunal Tezpur (1^st ), Assam, in F.T.(D) Case No.3600/2012, by which the petitioner was declared to be a foreigner of post 1971 stream.

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3. The petitioner submits that she is a genuine Indian and has sufficient documents to prove her position that she is an Indian and accordingly, upon receipt of summon from the Tribunal the petitioner duly appeared before the Tribunal and also filed her written statement. Unfortunately, she remained absent on some of the dates so fixed by the Tribunal which resulted in the proceeding against the ex-parte leading to passing of the aforesaid impugned order.

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4. The petitioner submits that she has been otherwise regularly attending the proceeding. In fact, when the date was fixed on 09.12.2019, she could not attend the Tribunal due to Assam Bandh called by some organisations. It has been submitted that though she could not attend the Tribunal on the same day, she contacted her engaged counsel who assured her that she will be duly represented by her counsel before the Tribunal. On such assurance as she was awaiting information from her engaged counsel, but the petitioner did not get any information and on the contrary she found that an ex-parte order was passed by the learned Tribunal. The petitioner submits that this ex-parte order has greatly prejudice her inasmuch as she is a genuine Indian and not a foreigner and has been willing to contest the claim by proving the documents before the Tribunal, for which she also had filed her written statement and had pleaded that because of the negligence of her engaged counsel, she may not be put to jeopardy and accordingly, prayed that she may be given another opportunity to appear before the Tribunal to prove that she is an Indian and not a foreigner.

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5. We have also heard the learned special counsel, FT and also perused the records requisitioned. The submission of the learned counsel for the petitioner thus appear to be credible on the basis of the record which we have perused. Under the circumstances, we are of the view that the petitioner may be afforded another opportunity to appear before the Tribunal to prove that she is an Indian and not a foreigner.

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6. Accordingly, for the reasons discussed above, we allow this petition by setting aside the impugned order dated 22.01.2020 passed by the learned Foreigners' Tribunal Tezpur (1^st ), Assam, in F.T.(D) Case No.3600/2012 and accordingly, direct the petitioner to appear before the learned Tribunal on 21.07.2022 and adduce evidence and the learned Tribunal after hearing the petitioner as well as on appreciation of evidence that may be adduced by the petitioner will pass a fresh order as regards the citizenship of the petitioner. However, the earlier interim order passed by this Court on 30.09.2021 will continue till culmination of the proceeding before the learned Tribunal.

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7. LCR be remitted to the concerned learned Tribunal forthwith.

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Sd/- Nani Tagia Sd/- N. Kotiswar Singh JUDGE CHIEF JUSTICE (ACTING)

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Comparing Assistant

Monowara Begum @ Manowara Begum v. the Union of India and 6 Ors.

Case brief

What is this about?

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Monowara Begum @ Manowara Begum v. the Union of India and 6 Ors.

Case brief

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