Allowed

Musstt Rahima Khatun @ Musstt. Rohima v. the Union of India and 8 Ors.

Gauhati HC10 May 2023WP(C)/10/2020

Case brief

AI extract

What is this about?

The Gauhati High Court set aside an ex-parte order declaring the petitioner a foreigner. Despite no infirmity found, the court granted another chance to prove citizenship under the Foreigners Act, 1946.

What did the court decide?

The ex-parte order dated 10.01.2019 is set aside; petition allotted appearance before Foreigners Tribunal No.1, Nagaon on 22.06.2023.

Musstt Rahima Khatun @ Musstt. Rohima Vs the… — Pension and Retirement Benefits | Gauhati HC (2023)

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GAHC010316902019

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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)/10/2020

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MUSSTT RAHIMA KHATUN @ MUSSTT. ROHIMA D/O- LATE ALI HUSSAIN, W/O- SAFIKUL ISLAM, VILL- GANDHUA PATHAR, P.O- HATIJUJUA, P.S- JAJARI, DIST- NAGAON, ASSAM,

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VERSUS

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THE UNION OF INDIA AND 8 ORS REP. BY THE SECRETARY, HOME DEPTT, NEW DELHI, INDIA

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2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOME DEPTT DISPUR GUWAHATI- 06

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3:THE CHIEF ELECTION COMMISSION OF INDIA NIRVACHAN BHAVAN NEW DELHI

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4:THE STATE ELECTION COMMISSIONER OF ASSAM DISPUR GUWAHATI- 06

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5:THE STATE COORDINATOR NRC ASSAM GUWAHATI

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6:THE FOREIGNERS REGIONAL REGISTRATION AUTHORITY NAGAON ASSAM

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Page No.# 2/3

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7:THE DEPUTY COMMISSIONER CUM RETURNING OFFICER DIST- NAGAON ASSAM

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8:THE SUPERINTENDENT OF POLICE NAGAON ASSAM

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9:THE SUPERINTENDENT OF POLICE (B) NAGAON ASSA

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Advocate for the Petitioner : MR. A M BARBHUIYA

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

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BEFORE

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HON’BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON’BLE MR. JUSTICE ROBIN PHUKAN

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O R D E R

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10.05.2023

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(A.M. Bujor Barua, J)

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Heard Ms. A Begum, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC appearing on behalf of respondents in the Union of India as well as for the respondents in the NRC, Mr. J Payeng, learned counsel for the State respondents in the Home Department of Government of Assam, Mr. A.I Ali, learned counsel for the Election Commission of India and Mr. TR Gogoi, learned counsel for the Deputy Commissioner, Nagaon.

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The petitioner Musstt. Rahima Khatun @ Musstt. Rohima had been referred to the Foreigners Tribunal No.1, Nagaon for rendering an opinion as to whether she is a person who entered the State of Assam from the specified territory on or after 25.03.1971 resulting in registration of FT Case No. 1223/2011.

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The petitioner was served with the notice of the Tribunal and appeared before the Tribunal, but later on, because of some medical condition, the petitioner did not attend the Tribunal any further. In the resultant situation, the ex-parte order dated 10.01.2019 was passed declaring the petitioner to be a foreigner.

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From the facts narrated above, we did not find any infirmity in the ex-parte order. But, however, for the interest of justice, and on perusal of the medical documents which were annexed by the petitioner in the writ petition, the petitioner is given one more opportunity to establish her case on merit by discharging the burden under Section 9 of the Foreigners Act, 1946.

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In view of the above, the ex-parte order dated 10.01.2019 is set aside.

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Accordingly, the petitioner shall appear before the Foreigners Tribunal No.1, Nagaon on 22.06.2023. Before the Tribunal, the petitioner may produce any material/documents to prove her citizenship, if so advised.

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The writ petition is allowed as indicated above.

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JUDGE JUDGE

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Comparing Assistant

Musstt Rahima Khatun @ Musstt. Rohima v. the Union of India and 8 Ors.

Case brief

What is this about?

What did the court decide?

Musstt Rahima Khatun @ Musstt. Rohima v. the Union of India and 8 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Parties & counsel

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