Ayesha Bibi v. The Union of India and 5 Ors

PageoNo.#o1/3 GAHC010264902017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5803/2017o AYESHAoBIBIo D/O-oLATEoROHIMUDDINoSHEIKHoANDoHASARBHANoBIBI,oPERMANENTo R/O-oVILL-oSILGHAGIRI,oDANGAIGAON,oP.S-oBIJNI,oDIST-oCHIRANG,o ASSAM VERSUSo THEoUNIONoOFoINDIAoando5oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVToOFoINDIA,oMINoOFoHOMEo AFFAIRS,oNEWoDELHI 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM oHOMEoDEPARTMENT oDISPUR oGHY-o6 3:THEoDEPUTYoCOMMISSIONER oCHIRANGoDIST 4:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI-o781007 5:THEoSUPERINTENDENToOFoPOLICEB oCHIRANG 6:THEoOFFICER-IN-CHARGE oBIJNIoP.S oDIST-oCHIRANG oASSAo Page No.# 2/3 Advocate for the Petitioner : MR B SARKAR Advocate for the Respondent :

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MR. JUSTICE MRIDUL KUMAR KALITA

13/06/2024 (M.R. Pathak, J) No representation on behalf of the petitioner on call, though names of three counsels have been reflected in the cause list.

¶2Heard Ms. P Swargiary, learned counsel appearing on behalf of Mr. H Gupta, learned Central Government counsel for the respondent 1; Ms. A Verma, learned Standing counsel, Home Department, Assam for the respondent Nos. 2, 4, 5 & 6 and Mr. P Sharma, learned Additional Senior Government Advocate, Assam for the respondent No. 3.

¶3Notice in this case was issued on 19.09.2017.

¶4Registry has already received the relevant records from the Foreigners Tribunal, Chirang, that was called for by order dated 19.09.2017.

¶5The petitioner is on interim protection and also on interim bail since 19.09.2017.

¶6In the present case, the petitioner has challenged the judgment dated 29.06.2017 passed by the learned Foreigners Tribunal, Chirang in Case No. BNGN/FT/CHR/1424/2010 arising out of Police Enquiry No. 1036/2002, whereby in a reference being made by the Superintendent of Police (Border) of erstwhile District-Bongaigaon, he was declared to be a foreigner under the Foreigners Act, 1946 of post 1971 stream.

¶7It is seen from the order sheets of this case that even on the last two occasions, i.e., on

06.06.2024 and 31.05.2024, the petitioner remained unrepresented. Page No.# 3/3

¶8Moreover, the Court Master of this Court on 31.05.2024 informed the counsel for the petitioner through email that the matter is fixed on 06.06.2024 and even on the said date, the petitioner remained unrepresented.

¶9Considering the above, this writ petition stands dismissed for non-prosecution.

¶10The interim protection and the interim bail granted earlier to the petitioner on 19.09.2017 stands vacated/hereby recalled.

¶11Registry shall return the records of Case No. BNGN/FT/CHR/1424/2010 to the Foreigners Tribunal, Chirang along with a copy of this order.

¶12Registry shall also communicate a copy of this order to the Superintendent of Police (Border), Chirang as well as the Deputy Commissioner, Chirang.

¶13Copy of this order be furnished to Ms. A Verma, learned Standing counsel, Home Department for her necessary onward communication.

JUDGE JUDGE Comparing Assistant