WP(C) 357/2016. Gauhati High Court
| Case Number | WP(C) 357/2016 |
| Judgement Date | May 25, 2020 |
| Court | Gauhati High Court |
IN THE GAUHATI HIGH COURT
(THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM, AND ARUNACHAL PRADESH)
WP(C) No. 357 of 2016
Lakhi Rani Das,
Wife of Late Subhash Das,
R/ o village- Salpara, Molandubi,
P.S.- Krishnai, District- Goalpara (Assam), Pin No.783101.
…..Pet it ion er
-Versus-
-
State of Assam represented by the
Commissioner and Secretary, Govt. of Assam, Home Department, Dispur, Guwahati-6.
-
Deputy Commissioner, Goalpara,
P.O. & P.S.- Goalpara, Assam, Pin-783101.
-
Superintendent of Police (B),
Golapara, District- Goalpara, Assam, Pin-783101.
-
Union of I ndia, represented by the Secretary to the Govt. of I ndia, Ministry of Home Affairs, New Delhi-110011.
…..Responden t s
BEFORE
HON’BLE MR. JUSTICE UJJAL BHUYAN HON’BLE MR. JUSTICE PARAN KUMAR PHUKAN
Advocate for the Petitioner : Mr. U.Das, Adv.
Advocate for the
Respondent No. 1 to 3 : Mr. T. C. Chutia,
GA, Assam.
Advocate for the
Respondent No. 4 : None appeared.
Date of Hearing : 19-05-2017
Date of Judgment : 25-05-2017
WP(C) No.357 of 2016
JUDGMENT AND ORDER (ORAL) (U. Bhuyan,J)
Heard Mr. U. Das, learned counsel appearing for the petitioner and Mr. T.
-
Chutia, learned Government Advocate, Assam.
-
-
By filing this petition under Article 226 of the Constitution of I ndia,
petitioner seeks quashing of order dated 04.09.2013, passed by the Foreigners Tribunal, Goalpara in F.T. Case No.2904/ G/ 2010 declaring the petitioner to be a foreigner who had illegally entered into I ndia (Assam) from the specified territory
i.e., Bangladesh after 25.03.1971.
-
I t is seen that following enquiry, Superintendent of Police (B), Goalpara
made a reference under the I llegal Migrants (Determination by Tribunals) Act, 1983 to the Tribunal constituted under the said Act with the allegation that petitioner was an illegal migrant as defined under the said Act.
-
After the aforesaid Act was declared unconstitutional by the Supreme
Court in Sar banan da Son ow al vs. Un ion of I n dia, ( 20 05 ) 5 SCC 66 5 , the reference was re-registered under the Foreigners Act, 1946 as F.T. Case No.2904/ G/ 2010 and assigned to the Foreigners Tribunal, Goalpara (Tribunal) for opinion.
-
Notice issued by the Tribunal was served upon the petitioner, whereafter
she entered appearance before the Tribunal and submitted written statement denying the allegation made by claiming to be a citizen of I ndia. Thereafter, petitioner examined herself as her witness and also exhibited documents. After hearing the matter, Tribunal passed...
To continue reading
Request your trial