Chayna Bibi v. The Union of India and 5 Ors

ORDER

22.05.2023 (AM Bujor Barua, J)

Heard Mr. S Ali, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC for the respondents in the Union of India as well as for the authorities under the NRC, Mr. AI Ali, learned counsel for the authorities under the Election Commission of India, Ms. A Verma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam as well as the Superintendent of Police (B) Bongaigaon and Ms. K Phukan, learned Government Advocate for the Deputy Commissioner, Bongaigaon.

¶2The petitioner Chayna Bibi was referred to the Foreigners Tribunal No.1 Page No.# 3/5 Bongaigaon for rendering an opinion as to whether she is a person who had entered the State of Assam on or after 25.03.1971 resulting in registration of BNGN/FT/Case No.1704/07 arising out of I/C Ref.No.375/05.

¶3The petitioner received notice from the Tribunal and appeared, but on the subsequent dates had refrained from appearing before the Tribunal on her own volition and without any acceptable cause which resulted in the BNGN/FT/Case No.1704/07 arising out of I/C Ref.No.375/05 by declaring the petitioner to be a foreigner.

¶4Being aggrieved, this writ petition is instituted.

¶5In the facts of the case, we do not find any infirmity in the ex-parte order dated 16.12.2015, but, however, for the interest of justice, as the opinion is rendered ex-parte, we allow the petitioner another opportunity to appear before the Tribunal and present her case on merit. Accordingly, the ex-parte order dated 16.12.2015 in BNGN/FT/Case No.1704/07 arising out of I/C Ref.No.375/05 is set aside and the matter is remanded back to the Foreigners Tribunal No.1 Bongaigaon for an adjudication on its own merit.

¶6The petitioner to appear before the Tribunal No.1 Bongaigaon on

22.06.2023.

¶7It is stated that the petitioner/proceedee is under detention in the detention camp at Goalpara. Accordingly, we direct the Superintendent of Police Page No.# 4/5

(B) Bongaigaon to release the petitioner forthwith, so as to enable her to appear before the Tribunal at Bongaigaon. The Superintendent of Police (B) Bongaigaon, while releasing the petitioner/proceedee may obtain necessary information and documentation from her as required under the Rules for securing her presence. The Superintendent of Police (B) Bongaigaon shall also take steps for capturing the fingerprints of both hands and biometrics of the iris of the petitioner.

¶8It is made clear that the petitioner shall not leave the jurisdiction of Bongaigaon district without giving details of the place of destination and his/her place of stay to the Superintendent of Police (B) Bongaigaon.

¶9It is further made clear that failure on the part of the petitioner to provide the relevant mobile/contact number will warrant recalling of this release order.

¶10However, for the conduct of the petitioner in not appearing before the Tribunal without any acceptable reason, a cost of Rs.7000/- is imposed on her to be paid before the District Legal Services Authority Bongaigaon and the petitioner would be allowed to appear before the Tribunal on being released from detention on the aforesaid date only upon showing the proof of payment of the cost being paid.

¶11It is expected that upon appearance of the petitioner, the Tribunal would take up the matter with true earnest and decide as early as possible without giving any undue opportunity to the petitioner to delay the matter. Page No.# 5/5

¶12Writ petition stands disposed of in the above terms.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010088222023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2451/2023o CHAYNAoBIBIo D/O-oLATEoJAYDARoALI,o W/O-oLATEoBAKKARoALIo,o R/O-oVILLAGEoMOINAGURI,o P.O-oSHAKTIoASHRAM,o P.S-oFAKIRAGRAM,o DIST-oKOKRAJHAR,oASSAM,oPIN-783354 VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRSo,oNEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoANDoPOLITICALoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoDEPUTYoCOMMISSIONER oP.OoANDoDIST-oBONGAIGAON oASSAM oPIN-783380 4:THEoSUPERINTENDENToOFoPOLICEo(B) oP.OoANDoDIST-oBONGAIGAON oASSAM oPIN-783380 5:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSIONoOFoINDIA Page No.# 2/5 NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001 6:THE NATIONAL REGISTER OF CITIZENS REP. BY THE COORDINATOR ACHYUT PLAZA BHANGAGARH GUWAHATI-05 DIST- KAMRUP (M Advocate for the Petitioner : MR. S Ali Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN