GAUHATI HIGH COURT ISSUES ORDER ON SAKINA KHATUN V/S THE UNION OF INDIA AND 5 ORS

GUWAHATI, India, Sept. 24 -- Gauhati High Court issued the following order on Aug. 25:

1. Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Mr. J. Payeng, learned Standing Counsel for the FT matters and NRC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel for the Election Commission of India, Mr. U. K. Goswami, learned Central Govt. Counsel and Mr. P. Sarmah, learned Additional Senior Government Advocate, Assam for the State respondents.

2. By preferring this writ petition under Article 226 of the Constitution of India, an opinion rendered on 26.03.2017(sic)/ (26.03.2018) by the learned Foreigners Tribunal No.8th, Barpeta in F.T. Case No.340/2016 arising out of IM(D)T Case No.5687(A)/98 has been assailed, praying for interfering with the said opinion and for appropriate writ directing the respondents not to deport the petitioner from India.

3. The brief facts leading to the institution of this writ petition is that the Superintendent of Police (Border), Barpeta, Assam had forwarded the case records of IM(D)T Case No.5687(A)/98 to the Chairman, IM(D)T, Barpeta, which related to the present petitioner, for an opinion as to whether the proceedee/writ petitioner was an illegal migrant in the Country. This reference by the Superintendent of Police (B), Barpeta, Assam has arisen out of a referral from the office of the Electoral Registration Officer for 40, Sorbhog Assembly Constituency whereby the said Electoral Registration Officer expressed doubt about the citizenship of the writ petitioner.

4. On receipt of the said reference from the Superintendent of Police (B), Barpeta, F.T. Case No.340/2016 was registered in the Foreigners' Tribunal No.8th, Barpeta, Assam and notices were issued to the proceedee/writ petitioner herein requiring her to appear on 07.11.2016 on which date the proceedee appeared through her counsel by filing vakalatnama. The written statement on behalf of the proceedee was filed on 15.02.2017 and the evidence on affidavit of the proceedee as DW-1 was submitted on 10.03.2017. The proceedee was subjected to cross-examination on 10.04.2017. On the same day, notice was issued to the Election Officer to verify the 1965 Voters List of Barpeta District.

5. While leave was taken by the proceedee on different dates praying for filing of further evidence, on 13.06.2017, a petition under Order VI read with Section 151 of the Code of Civil Procedure, 1908 was preferred before the learned Tribunal by the proceedee praying to amend the "Written Statement and the evidence on affidavit of DW-1". This was registered as Petition No.630/2017. The same came to be allowed on the same day fixing 30.06.2017 for submitting amended written statement and amended evidence on affidavit. The amended written statement came to be submitted on 14.07.2017 and the amended evidence on affidavit came to be submitted on 25.07.2017. On 29.08.2017, the DW-1 (proceedee herself) was cross-examined. The evidence-in-chief of DW-2 was submitted on 21.10.2017 and he was cross-examined on 16.11.2017. Evidence of DW-3 on affidavit was submitted on 13.12.2017 and he was crossexamined on 24.01.2018. The Village Headman had appeared before the Tribunal on 28.02.2018 and adduced evidence.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoEYUdTvF9RXCj6OIEAFeV397m4dlvp0WjOZXEO1%2BdCbE&caseno=WP(C)/752/2021&cCode=1&cino=GAHC010012712021&state_code=6&appFlag=)

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