GAUHATI HIGH COURT ISSUES ORDER FOR RUBI BEGUM V/S THE UNION OF INDIA AND OTHRS

GUWAHATI, India, Feb. 25 -- Gauhati High Court issued the following order on Jan. 27:

1. Heard Mr. A.M. Ahmed, learned counsel for the petitioners. Also heard Mr. M.R. Adhikari, learned CGC; Ms. A. Verma, learned Standing Counsel for the FT matters and NRC; Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Junior Govt. Advocate for the State.

2. The WP(C)/4229/2025, WP(C)/ 4200/2025 and WP(C)/4232/2025 along with the respective interlocutory applications are taken up together as these matters are analogous matters arising out of the same cause of action. The petitioners are Safikul Ali, Rubi Begum and Harish Ali respectively. These writ petitions are filed against the following orders/opinion passed by the Learned Member, Foreigners Tribunal, Dibrugarh 1st, being:-

1. Opinion dated 30.04.2021 in FT Case No.112/2018 ( arising out of P.E. No.142/2018) and order dated 15.02.2024 in Review Petition No.135/2022.

2. Opinion dated 28.07.2021 in FT Case No.115/2018 ( arising out of P.E. No.145/2018) and order dated 15.02.2024 in Review Petition No.134/2022.

3. Opinion dated 30.04.2021 in FT Case No.114/2018 ( arising out of P.E. No.144/2018) and order dated 15.02.2024 in Review Petition No.136/2022.

3. The aforementioned petitioners are aggrieved by the opinion of the Tribunal as the petitioners have been declared as foreigners of post-1971 stream. It is pertinent to mention that all the petitioners are siblings.

4. It is submitted by the learned counsel for the petitioners that the petitioner Safiqul Ali [WP (C)/4200/2025], on receipt of notice entered appearance through his engaged counsel before the Foreigners Tribunal, Dibrugarh in connection with FT case No.112/2018 (P.E. No.142/2018) and filed written statement. Meanwhile, owing to the nationwide lockdown commencing from 24.03.2020, the learned engaged Counsel failed to take steps and vide an exparte order dated 30.04.2021, the petitioner was declared a foreigner. The petitioner then approached the Tribunal with prayer to vacate the ex-parte order, but the petitioner's prayer was rejected vide order dated 15.02.2024 in Review Petition No.135/2022. Aggrieved by the ex parte order dated 30.04.2021 in FT case No. 112/2018 and the order dated 15.02.2024, the petitioner is before this court.

5. Rubi Begum, who is the petitioner of WP (C)/ 4229/2025 is aggrieved by a similar opinion, dated 15.02.2024 whereby the petitioner's prayer to vacate the ex parte order was not considered. The petitioner, vide opinion dated 28.07.2021 in connection with FT case No.115/ 2018 (PE No.145/2018), was declared a foreigner of post 1971 stream.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x4DTmjQ%2FIcSEpLnv1%2BsSme8RsbuNmYdaSymjLXRItqqD&caseno=WP(C)/4229/2025&cCode=1&cino=GAHC010157412025&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.