Habiza Khatun v. the Union of India and 5 Ors.
Case brief
What is this about?
Habiza Khatun v. Union of India & 5 Ors, WP(C)/6587/2024, Gauhati High Court DB (2025:GAU-AS:2314-, decided 05.03.2025): Foreigners Tribunal Barpeta 11th opinion dated 06.06.2022 in FT (Bpt/11th) F.T. 1410/2017 (arising out of P.E. IM(D)T Case No. 439(A) dated 3-7-98) declaring petitioner a foreigner of post-25.03.1971 stream quashed; proceedings held perfunctory and casual — Tribunal itself cross-examined defence witness DW-1 with no Govt. Pleader/Assistant Govt. Pleader recorded present, impermissible for a quasi-judicial authority; Tribunal must not adorn the gown of a prosecutor; matter remanded for fresh adjudication with safeguards under section 165 Evidence Act (now section 168 Bharatiya Sakshya Adhiniyam, 2023); petitioner to appear within 21 days; Article 226; no precedent cited.
What did the court decide?
The impugned opinion dated 06.06.2022 of the Member, Foreigners Tribunal, Barpeta 11th in Case No. FT (Bpt/11th) F.T. 1410/2017 was set aside and quashed; the matter was remanded to the Tribunal for fresh adjudication in accordance with law on the conditions that (i) absence of the Govt. Pleader/Assistant Govt. Pleader be recorded in the order sheet and (ii) questions to witnesses conform to section 165 of the Evidence Act (now section 168 of the Bharatiya Sakshya Adhiniyam, 2023) without the Tribunal adorning the gown of a prosecutor; the petitioner was directed to appear before the Tribunal within 21 days with a certified copy of the order; a copy of the order was directed to be sent to the Home Department authorities through the learned standing counsel for FT matters, and the Registry was directed to send back the Tribunal records expeditiously. The writ petition was recorded as disposed of.