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WP(C) 4508/2010. Gauhati High Court

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Case NumberWP(C) 4508/2010
Judgement DateFebruary 28, 2021
CourtGauhati High Court

I N THE GAUHATI HI GH COURT

( THE HI GH COURT OF ASSAM, NAGALAND, M I ZORAM AND ARUNACHAL PRADESH )

W .P.( C) No. 4 5 0 8 of 2 0 1 0

I satun Nessa,

W/ o Md. Hyder Ali,

R/ o Vill – Karipara Dabpara, P.O.- Chakia

P.S. – Matia,

District- Goalpara, (Assam).

. ..Pet it ioner

- Ver su s-

  1. Union of I ndia, represented

    by the Secretary of the Ministry of

    Home Affairs, Govt. of I ndia,

    New Delhi.

  2. State of Assam, represented by

    Commissioner & Secretary to the Govt. of Assam, Home Department, Dispur,

    Guwahati -6.

  3. Director General of Police (Admn.),

    Ulubari, Guwahati- 7

  4. Superintendent of Police, Goalpara,

    P.O. & Dist – Goalpara, Assam.

  5. Member, Foreigners Tribunal,

    Goalpara, Assam.

    . ..Responden t s

    B E F O R E

    THE HON’BLE MR. JUSTI CE UJJAL BHUYAN THE HON’BLE MR. JUSTI CE PARAN KUMAR PHUKAN

    For the petitioner : Mr. H. Das, Adv.

    For the respondent No. 1 : Mr. S.C. Keyal, ASGI

    For respondent Nos. 2 to 4 : Mr. G. Pegu, GA, Assam

    Date of hearing : 28.02.2017

    Date of Judgment : 28.02.2017

    JUDGMENT AND ORDER ( ORAL)

    ( Uj j al Bh uyan , J)

    Heard Mr. H. Das, learned counsel for the petitioner, Mr. S. C. Keyal, learned Assistant Solicitor General of I ndia for respondent No. 1 and Mr. G. Pegu, learned Government Advocate, Assam, for respondent No. 2 to 4.

  6. By filing this petition under Article 226 of the Constitution of I ndia petitioner seeks quashing of order dated 01.07.2010 passed by the Foreigners Tribunal, Goalpara in F.T. Case No. 1030/ G/ 2006 declaring the petitioner to be a foreigner who had illegally entered into I ndia after 25.03.1971.

  7. This Court by order dated 13.08.2010 had issued notice and passed an interim order to the effect that petitioner should not be taken into custody and deported from I ndia.

  8. A perusal of the order dated 01.07.2010 would go to show that on a reference made by the State under the Foreigners Act, 1946 with the allegation that the petitioner was a foreigner who had illegally entered into I ndia after

    25.03.1971, F.T. Case No. 1030/ G/ 2006 was registered before the Foreigners Tribunal, Goalpara (Tribunal). Notice issued by the Tribunal was served on the petitioner, where-after she appeared on 01.08.2008 through the learned counsel. Adjournment was sought for on the ground of stomach pain of the petitioner. Adjournment was granted. On the third occasion, petitioner appeared and submitted written statement. Thereafter, petitioner neither appeared nor adduced any evidence. I t is seen from the order dated...

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