Jharna Rani Saha v. The Union of India and 6 Ors

ORDER Page No.# 3/4

26.06.2023 (AM Bujor Barua, J)

Heard Ms. D Ghosh, learned legal aid counsel appearing 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, the Superintendent of Police (B) Dhubri as well as the Officer-in-Charge Gauripur Police Station and Ms. U Das, learned Government Advocate for the Deputy Commissioner Dhubri.

¶2The petitioner Jharna Rani Saha was referred to the Foreigners Tribunal No.5th Dhubri for rendering an opinion as to whether she is a foreigner within the meaning of Foreigners' Act, 1946 resulting in the registration of Case No.FT-5/GPR/429/2018 corresponding to R/IM(D)T Case No.5646/1998. The Tribunal rendered an ex-parte opinion dated 30.08.2019 declaring the petitioner to be a foreigner.

¶3The petitioner received notice from the Tribunal and appeared, but thereafter on the subsequent dates had refrained from appearing before the Tribunal on her own volition and without any acceptable cause which resulted in the ex-parte opinion dated 30.08.2019 in Case No.FT-5/GPR/429/2018 corresponding to R/IM(D)T Case No.5646/1998 by declaring the petitioner to be a foreigner.

Page No.# 4/4

¶4Being aggrieved, this writ petition is instituted.

¶5In the facts of the case, we do not find any infirmity in the ex-parte opinion dated 30.08.2019 in Case No.FT-5/GPR/429/2018 corresponding to R/IM(D)T Case No.5646/1998. 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 opinion dated 30.08.2019 in Case No.FT-5/GPR/429/2018 corresponding to R/IM(D)T Case No.5646/1998 is set aside and the matter is remanded back to the Foreigners Tribunal No.5th Dhubri for an adjudication on its own merit.

¶6The petitioner to appear before the Tribunal on 01.08.2023.

¶7However, for the conduct of the petitioner in not appearing before the Tribunal without any acceptable reason, a cost of Rs.2500/- is imposed upon her to be paid before the District Legal Services Authority Dhubri and the petitioner would be allowed to appear before the Tribunal on the aforesaid date only upon showing the proof of payment of the cost.

¶8Writ petition stands disposed of in the above terms.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010134662023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3680/2023o JHARNAoRANIoSAHAo D/OoLATEoTARAPADAoSAHAo W/OoDHIRENoSAHAo R/OoWARDoNO.oII,oGAURIPUR,oP.S.oGAURIPUR,oDIST.oDHUBRI,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REP.oBYoTHEoSECRETARYo MINISTRYoOFoHOMEoAFFAIRS,o GOVT.oOFoINDIA,oSHASTRIoBHAWAN,oNEWoDELHI-110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-781006. 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSIION oNIRVACHANoSADAN o ASHOKAoROAD oNEWoDELHI-110001 4:THEoSTATEoCOORDINAOR oNATIONALoREGISTRATIONoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA Page No.# 2/4 G.S. ROAD BHANGAGARH GUWAHATI ASSAM PIN-781005 5:THE DEPUTY COMMISSIONER DHUBRI P.O. DHUBRI DIST. DHUBRI ASSAM PIN-783301 6:THE SUPERINTENDENT OF POLICE (BORDER) DHUBRI P.O. DHUBRI DIST. DHUBRI ASSAM PIN-783301 7:THE OFFICER-IN-CHAGE OF GAURIPUR POLICE STATION P.O. GAURIPUR DIST. DHUBRI ASSAM PIN-78333 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND