Milika Khatun Vs the Union of India and 5 Ors. — Writ and Judicial Review | Gauhati HC (2025)

Milika Khatun Vs the Union of India and 5 Ors. — Writ and Judicial Review | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Impugned opinion dated 28.02.2017 of the Member, Foreigners Tribunal – 5th, Morigaon set aside; matter remanded for a fresh opinion in accordance with law considering the pleadings and evidence on record. Petitioner directed to appear before the Tribunal on or before 30.01.2026 without fresh notice of appearance; Tribunal to endeavour to conclude the proceeding preferably within two months from the date of appearance (30.01.2026); if petitioner fails to appear, Tribunal may treat her absent on call and pass appropriate opinion in accordance with law; Registry to send back records to the Tribunal with a copy of the order.

Issue for consideration

Whether the opinion dated 28.02.2017 of the Member, Foreigners Tribunal – 5th, Morigaon, declaring the petitioner a foreigner, stands vitiated on account of the Tribunal's failure to consider and discuss the evidence of DW-2 and DW-3.

Court's answer

A Foreigners Tribunal, being a quasi-judicial authority, is required to consider all the pleadings and evidence on record; whatever the worth of the evidence of DW-2 and DW-3, the Tribunal ought to have considered and/or discussed it in its opinion.

Ratio / Principle

The non-consideration and non-discussion of the evidence of DW-2 and DW-3 vitiated the opinion dated 28.02.2017 of the Member, Foreigners Tribunal – 5th, Morigaon.

Key takeaways

The impugned opinion is set aside and the matter is remanded to the Foreigners Tribunal – 5th, Morigaon for a fresh opinion in accordance with law, considering the pleadings and evidence available on record.ratio¶¶45
Since the matter is remanded, this Court has not examined and discussed the pleadings and evidence on record; the merits are left open to the Tribunal.obiter¶¶46

Detailed headnote1 paragraphs

Gauhati High Court, Division Bench (K.R. Surana & Shamima Jahan, JJ.), 08.12.2025 — Article 226 — declaration of foreigner by Foreigners Tribunal — opinion vitiated for non-consideration of defence evidence — set aside and remanded. The petitioner challenged the opinion dated 28.02.2017 of the Member, Foreigners Tribunal – 5th, Morigaon (M.F.T.(J).2017/196; F.T.(D) 176/2015; old F.T.(D) 1250/2012; D/N Case No. 1999/98 dt. 24/6/1998) declaring her a foreigner who entered Assam after 25.03.1971. She examined herself (DW-1), a Govt. Gaonburah (DW-2) and Safia Khatun (DW-3); all six exhibited documents were proved through DW-2, yet the impugned opinion did not discuss the evidence of DW-2 and DW-3. Held: a Foreigners Tribunal, being a quasi-judicial authority, must consider all pleadings and evidence on record, whatever their worth; non-consideration and non-discussion of the DW-2/DW-3 evidence vitiated the opinion. Opinion set aside; matter remanded for a fresh opinion in accordance with law on the existing record, the Court expressing no view on the merits. Petitioner to appear before the Tribunal on or before 30.01.2026 without fresh notice; Tribunal to endeavour to conclude preferably within two months; on default, it may treat her absent on call. Writ petition partly allowed. (Sarbananda Sonowal v. Union of India, (2005) 5 SCC 665, cited by respondent counsel on written-statement disclosure requirements.)