Sultana Rezina Ahmed @ Sultana Rejiya v. The Union of India and 6 Ors

ORDER

16.12.2024 (K.R. Surana, J) Heard Mr. S. C. Pandit, learned counsel for the petitioner. Also heard Mr. G. Sharma, learned Standing Counsel, FT and Home Department, for the respondent Nos. 2 & 3; Mr. P. Sharma, learned Senior Government Advocate appearing for the respondent No. 4 and Mr. A. Ali, learned Standing Counsel for the respondent No.

5.

¶2By filing this writing petition, the petitioner has assailed the exparte opinion dated 26.07.2019, passed by the learned Member, Foreigner's Tribunal-1st, Nalbari in FT (Nal.) N-1, Case No. 2458/06 in IMDT Case No. 634/2003, thereby declaring the petitioner to be a foreigner of post 25.03.1971 stream.

¶3The learned counsel for the petitioner has referred to the statements contained in the writ petition as well as the affidavit filed in support of this writ Page No.# 3/4 petition to project that the petitioner who is the wife of Hasmat Ali and the daughter of Rajab Ali Ahmed was the procedee in the aforementioned reference case, her father's name was reflected as Kitab Ali. It is also projected that the petitioner is a resident of village Kashimpur, P.O-Kendukuchi under Nalbari Police Station in the district of Nalbari, Assam. However, as per the process service report supported by the certificate of Gaonburha of village Kashimpur, no such person existed in the village, and accordingly the notice was shown to be served in a substituted manner in the presence of the village Gaonburha, putting his signature as witness in the report of the process server stating that the procedee has left the village.

¶4The records received from the Tribunal also discloses that as per the process service report, the petitioner was not to be found at village Kashimpur as the notice was returned to the learned Foreigner's Tribunal.

¶5As the petitioner has now appeared before this Court and asserts that she is the resident of village Kashimpur, her father's name is different than the name reflected in the requisition report of the enquiry officer as well as the reference. Under such circumstances, this Court is of the considered opinion that the petitioner may be given an opportunity of contesting the proceedings so as to establish her citizenship and to take an appropriate defence regarding the name of her projected father. Accordingly, the Court is inclined to set aside the exparte opinion dated 26.07.2019, passed by the learned Member, Foreigner's Tribunal-1st, Nalbari in FT (Nal.) N-1, Case No. 2458/06 in IMDT Case No. 634/2003, on the conditions that the petitioner shall appear before the said Foreigner's Tribunal within a period of 1 month from the date of this order. It is also provided that in the event the petitioner does not appear before the said learned Tribunal, it would be open for the Tribunal to pass fresh opinion by declaring the petitioner to be absent on call. It would be necessary for the said learned Tribunal to issue a fresh notice to the petitioner for appearance in the Court.

¶6Till the period of 30 days, from the date of this order, it is provided that the petitioner shall not be apprehended or deported out of the Country.

¶7This writ petition stands allowed on the terms as indicated above. Page No.# 4/4

¶8Registry shall send back the records to the leaned Tribunal expeditiously.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010081552024 ooooooo 2024:GAU- AS:12816-DB ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2389/2024o SULTANAoREZINAoAHMEDo@oSULTANAoREJIYAo W/O-oHASMAToALI,o VILLAGE-oKASHIMPUR,o P.O-oKENDUKUCHI,o P.SoANDoDIST-oNALBARI,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo6oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOF INDIA,oNEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoSUPERINTENDENToOFoPOLICEo(B) oNALBARI oASSAM oPIN-781337 4:THEoDEPUTYoCOMMISSIONER oNALBARIo oASSAM 5:THEoELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI-110001 6:THEoSTATEoCOORDINATOR Page No.# 2/4 NATIONAL REGISTER OF CITIZENS ASSAM BHANGAGARH GUWAHATI-05 DIST- KAMRUP (M) 7:THE FOREIGNERS TRIBUNAL-1 NALBARI P.O AND DIST- NALBARI ASSAM PIN-78133 Advocate for the Petitioner : MR S C PANDIT, MD S ULLAH Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND