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2026 Supreme(Gau) 495

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
KALYAN RAI SURANA, SHAMIMA JAHAN
Aysha Khatun, W/o. Mainuddin Ahmed – Appellant
Versus
State Of Assam, Rep. By The Comm. And Secy. To The Govt. Of Assam – Respondent


Advocates Appeared:
For the Petitioner:Ms. M Dey, Ms. P Deb, Ms. N Deb, Mrs. A Basumatary, Mr. M. Deb, Advocate.
For the Respondent:Sc, F.T, Mr J Payeng, Mr. J. Payeng, standing counsel, Mr. S.P. Choudhury, Cgc, Mr. H.K. Hazarik, Govt. Advocate, Mr. H. Kuli for Mr. A.I. Ali, Standing Counsel

JUDGMENT :

K.R. Surana, J.

Heard Ms. M. Deb, learned counsel for the petitioner. Also heard, Mr. J. Payeng, learned counsel for the FT and Border matters, representing respondent nos. 1, 4 and 6; Mr. S.P. Choudhury, learned CGC appearing for respondent no.2; Mr. H.K. Hazarika, learned Government Advocate for respondent no.3; and Mr. H. Kuli, learned counsel, appearing on behalf of Mr. A.I. Ali, learned standing counsel for the respondent no.5.

2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Musstt. Aysha Khatun, has assailed the opinion dated 03.03.2018, passed by the learned Member, Foreigners Tribunal No. 5th , Goalpara, in F.T. Case No. F.T/5/84/MA/17 [arising out of IMDT Reference Case No. 854/04], thereby declaring the petitioner to be a foreigner as suspected in the reference case.

3) On receipt of notice, the petitioner entered appearance before the learned Foreigners Tribunal. On 01.04.2017, she had filed her written statement, denying the allegations and stating that she is a bonafide citizen of India by birth and was born and brought up at village- Rama Para Nonke under P.S. Baghbar in the district of Barpeta in the year

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