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2023 Supreme(Gau) 113

ACHINTYA MALLA BUJOR BARUA, ROBIN PHUKAN
Karful Nessa W/o Late Kofer Ali – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: D. Ghosh.

JUDGMENT :

ACHINTYA MALLA BUJOR BARUA, J.

1. Heard Ms. D. Ghosh, learned counsel for the petitioner, Mr. U.K. Goswami, learned CGC for the respondents in the Union of India, Mr. J. Payeng, learned counsel for the respondents in the Home Department of Government of Assam, Mr. A.I. Ali, learned counsel for the respondents in the Election Commission of India, Mr. K.K. Parasar, learned counsel for the respondents in the NRC and Ms. U. Das, learned counsel for the Deputy Commissioner, Barpeta.

2. The petitioner Karful Nessa had been referred to the Foreigners Tribunal No. 10, Barpeta for rendering an opinion as to whether she is a person who entered the State of Assam on or after 25.03.1971 from the specified territory which resulted in registration of Case No. F.T. 384/2016. The Tribunal rendered its opinion dated 13.02.2018 declaring the petitioner to be a person who entered the State of Assam on or after 25.03.1971 and accordingly directed that she be pushed back to the specified territory in exercise of the powers under Section 13(3) of the Foreigners Tribunal Order, 1964. Being aggrieved, this writ petition is instituted.

3. In the writ proceeding, the petitioner relies upon the voters

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