Marjina Begum @ Marjina Khatun v. The Union of India and 7 Ors

PageoNo.#o1/4 GAHC010064292022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2398/2022o MARJINAoBEGUMo@oMARJINAoKHATUNo W/O-oSALAMoALI,oD/O-oMUNTAZoALI,oR/O-oVILL.-oJAHIRPUR,oP.S.o CHHAYGAON,oDIST.-oKAMRUP,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo7oORSo REPRESENTEDoBYoTHEoSECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,o GOVERNMENToOFoINDIA,oSHASTRIoBHAWANoNEWoDELHI-110001. 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-781006. 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREPRESENTEDoBYoTHEoCHIEFoELECTIONoCOMMISSION oNIRVACHANSADAN oASHOKAoROAD oNEWoDELHI-110001. 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTRATIONoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oG.S.oROAD oBHANGAGARH oGUWAHATI oASSAM oPIN-o781005. Page No.# 2/4 5:THE FOREIGNERS TRIBUNAL NO. 2 KAMRUP BOKO ASSAM DIST. KAMRUP PIN-781123. 6:THE DEPUTY COMMISSIONER KAMRUP P.O. AMINGAON DIST. KAMRUP ASSAM PIN-781031. 7:THE SUPERINTENDENT OF POLICE (BORDER) KAMRUP P.O. AMINGAON DIST. KAMRUP ASSAM PIN-781031. 8:THE OFFICER-IN-CHARGE OF CHHAYGAON POLICE STATION P.O. CHHAYGAON DIST.- KAMRUP ASSAM PIN-781124 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : ASSTT.S.G.I.

BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR HON'BLE MRs. JUSTICE MITALI THAKURIA

11.09.2023 O R D E R (Lanusungkum Jamir, J)

Heard Mrs. D. Ghosh, learned counsel for the petitioner. Also heard Ms. L. Devi, learned CGC as well as the learned Standing Counsel, NRC for respondent Nos.1 and 4; Mr. J. Payeng, learned Standing Counsel, FT for respondent Nos.2, 7 and 8; Mr. A.I. Ali, learned Standing Counsel, ECI for respondent No.3 and Mr. H. K. Page No.# 3/4 Hazarika, learned Government Advocate, for respondent No.6.

¶2On a reference being made by the Superintendent of Police (B), Kamrup (Rural) under the Foreigners Act, 1946 on the nationality of the petitioner/proceedee, BFT Case No.4200/2016 was registered. Thereafter, the petitioner appeared before the Tribunal and submitted her written statement and also exhibited 16 documents during the proceedings before the Foreigners Tribunal No.2, Kamrup (Rural) at Boko, Assam. Amongst the Exhibits, Ext. C is the land revenue receipt for the year 1971, Ext. D is the land Jamabandi copy and Ext. P is the chitha copy.

¶3On a perusal of the opinion dated 31.08.2021 passed by the Foreigners Tribunal No.2, Kamrup (Rural) at Boko in BFT Case No.4200/2016, we find that the Tribunal has failed to consider the land documents in respect of the petitioner, particularly, Ext. C, Ext. D and Ext. P.

¶4Therefore, without entering into the merits, the matter is remanded to the Foreigners Tribunal No.2, Kamrup (Rural), Boko to consider the land documents of the petitioner, particularly, Ext. C, Ext. D and Ext. P and, thereafter, come to a conclusion as to whether the petitioner is an Indian national or a foreigner.

¶5At this stage, learned counsel for the petitioner submits that the petitioner would like to adduce additional evidence before the Tribunal. If that is so, the petitioner may file an affidavit, which the Tribunal shall consider and, thereafter, pass appropriate order(s).

¶6Accordingly, the opinion dated 31.08.2021 passed by the Foreigners Tribunal No.2, Kamrup (Rural) at Boko in BFT Case No.4200/2016 is set aside and quashed.

¶7The petitioner shall appear before the Foreigners Tribunal No.2, Kamrup (Rural), Boko on 09.10.2023 and the Tribunal will proceed afresh to decide the claim of the petitioner that the petitioner is not a foreigner but a citizen of India in accordance with law. Page No.# 4/4

¶8The writ petition is, accordingly, disposed of.

JUDGE JUDGE Comparing Assistant