A writ petition filed by a petitioner referred to a Foreigner's Tribunal under the Foreigners Act seeking an opportunity to submit additional evidence to prove citizenship was allowed.
Granted one further liberty to submit additional written statement or material; coercive action stayed until reasoned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010025282023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/715/2023
LAL BHANU@MUSSTT NALBHANU KHATOON W/O- ABU SIDDIQUE @ ABU SIDDIK, D/O- LT. NURUL SARKAR @ NURUL @ NURUL HAQUE SARKAR, R/O- VILL- UJIRAR CHAR, P.O. UJIRAR CHAR, P.S. ALOPATI, DIST.- BARPETA, ASSAM, PIN- 781308
VERSUS
THE UNION OF INDIA AND 5 ORS REP. BY THE MINISTRY OF HOME AFFAIRS, NEW DELHI-01
2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM DEPTT. OF HOME DISPUR GHY-6
3:THE SUPERINTENDENT OF POLICE (B) GOALPARA P.O. AND DIST.- GOALPARA ASSAM PIN- 783101 4:THE DY. COMMISSIONER OF GOALPARA P.O. P.S. AND DIST.- GOALPARA ASSAM PIN- 783101 5:THE ELECTION COMMISISONER OF INDIA NEW DELHI-1
6:THE ASSAM STATE COORDINATOR OF NRC
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BHANGAGARH GHY-
Advocate for the Petitioner : MR. M H TALUKDAR
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 15.02.2023
(A.M. Bujor Barua, J)
Heard Mr. M.H. Talukdar, learned counsel for the petitioner and Ms. J. Sarma, learned counsel for the respondent No. 1, being the Union of India. Also heard Mr. G. Sarma, learned counsel for the respondents No. 2 and 3, being the authorities in the Home Department; Ms. K. Phukan, learned counsel for the respondent No. 4, being the Deputy Commissioner, Goalpara; Mr. A. Ali, learned counsel for the respondent No. 5, being the Election Commission of India and Ms. L. Devi, learned counsel for the respondent No. 5, being the Assam State Co-ordinator of NRC.
and further evidence inasmuch as, the petitioner could procure certain documents subsequent to the earlier filing of the written statement and
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evidence. The said petition was rejected by the Tribunal by the order dated 20.12.2022 in view of the vehement objection of the learned Government pleader appearing for the State authorities and also on a technical ground that the petitioner had not mentioned anything about such existence of land documents in her initial written statement.
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Writ petition stands disposed of as indicated above.
J U D G E J U D G E
Comparing Assistant
1 issue framed by the court
Whether the petitioner should be granted liberty to file additional written statement and evidence to discharge the burden of proving Indian citizenship before the Foreigner's Tribunal.
1 provisions across 1 enactments
LAL BHANU@MUSSTT NALBHANU KHATOON W/O- ABU SIDDIQUE
THE UNION OF INDIA
ACHINTYA MALLA BUJOR BARUA
ROBIN PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
