Quashed

Jaruna Begum@Jorina Begum v. the Union of India and 6 Ors.

Gauhati HC3 Feb 2023WP(C)/504/2023

Case brief

AI extract

What is this about?

Court disposed of a writ petition challenging an ex-parte opinion in a Foreigners Tribunal case. The order set aside the ex-parte judgment, remanded the matter for fresh adjudication, and imposed a nominal cost of Rs. 500 considering the petitioner's financial inability.

What did the court decide?

Ex-parte opinion dated 25.03.2022 in FT Case No.1812/2018 was set aside and remanded to the Tribunal for fresh adjudication; cost of Rs.500 imposed on petitioner.

Jaruna Begum@Jorina Begum Vs the Union of India and 6 Ors. — Gauhati HC (2023) — LawSathi Research

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GAHC010017342023

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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)/504/2023

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JARUNA BEGUM@JORINA BEGUM D/O- LATE BABAR ALI, W/O- LATE RAIJUDDIN. R/O- VILLAGE GOLIA, P.S- HOWLY, DIST- BARPETA, 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 MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, SASTRI BHAWAN, NEW DELHI- 110001.

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2:THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6

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

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4:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA G.S ROAD. BHANGAGARH

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GUWAHATI-05 DIST- KAMRUP (M) 5:THE DEPUTY COMMISSIONER BARPETA P.O AND DIST- BARPETA ASSAM PIN-781301 6:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O AND DIST- BARPETA ASSAM PIN-781301 7:THE OFFICER IN CHARGE OF HOWLY POLICE STATION P.O- HOWLY DIST- BARPETA ASSAM PIN-78131

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Advocate for the Petitioner : MS. D GHOSH

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

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BEFORE

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HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 03-02-2023 (A.M. Bujor Barua, J)

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Heard Ms. D Ghosh, learned counsel for the petitioner. Also heard Ms. L Devi, learned counsel for the respondents no. 1 and 4 being the authorities under the Union of India and NRC, Mr. J Payeng, learned counsel for the respondents no. 2, 6 and 7 being the authorities under the Home Department of the Government of Assam, Mr. T Pegu, learned counsel for the respondent no. 3 being the authorities under the Election Commission of India and Ms. U Das, learned counsel for the respondent no. 5 being the Deputy Commissioner, Barpeta.

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The petitioner Jaruna Begum @ Jorina Begum was initially referred to the IM(D)T, Barpeta, which resulted in registration of IM(D)T Case No. 5784(A)/1998 for an opinion as to whether she is a person who entered the State of Assam subsequent to 25.03.1971. Subsequently on the matter being transferred to Foreigners Tribunal No. 10, Barpeta FT Case No. 1812/2018 was registered. There is an ex-parte opinion rendered against the petitioner dated 25.03.2022 in FT Case No.1812/2018.

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The records reveal that the petitioner having appeared before the Tribunal subsequently remained absent without any cause.

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Considering the matter in its entirety for the ends of justice, the ex-parte opinion dated 25 is set aside and remanded back to the Tribunal for a fresh adjudication on merit. However, for the conduct of the petitioner in not appearing before the Tribunal without any acceptable reason, a cost of Rs.500/- is imposed on the petitioner to be deposited before the District Legal Service Authority, Barpeta.

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It is stated by Ms. D Ghosh, learned counsel for the petitioner upon personal knowledge that the petitioner is in a very bad financially state and it would be impracticable to pay any cost higher than Rs.500/-.

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Considering the said statement of the learned counsel, the cost of Rs.500/- is imposed on the petitioner which otherwise ought to have been more.

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Writ petition stands disposed of in the above terms.

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JUDGE JUDGE

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Comparing Assistant

Jaruna Begum@Jorina Begum v. the Union of India and 6 Ors.

Case brief

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Jaruna Begum@Jorina Begum v. the Union of India and 6 Ors.

Case brief

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