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2019 Supreme(Gau) 141

ACHINTYA MALLA BUJOR BARUA, AJIT BORTHAKUR
Begum Nisa Begum D/O- Late Sakhwat Ali – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. B.P. Borah

JUDGMENT :

AM Bujor Barua, J.

Heard Mr. B.P. Borah, learned counsel for the petitioner. Also heard Mr. A Ali, learned counsel for the Election Commission of India, Mr. A. Kalita, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border matters, Ms. A. Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.

2. The petitioner being aggrieved by the order dated 05.12.2005 of the Foreigners Tribunal, Dibrugarh in Case No. F.T.200/2003 has approached this court by way of this writ petition. By the order dated 05.12.2005, the Foreigner Tribunal at Dibrugarh arrived at a conclusion that as the petitioner did not appear before the Tribunal on the date fixed for her appearance, therefore, the burden of proof of the petitioner remained undischarged. Accordingly, the learned Tribunal had declared the petitioner to be a foreigner by providing that she may register her name in the Foreigners Registration Office within a period of two months therefrom.

3. As the said order was passed ex-parte, it is the claim of the petitioner that she had no knowledge of the order





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