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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
SABIRAN NESSA BIBI – Appellant
Versus
THE UNION OF INDIA AND 5 ORS – Respondent


Advocates:
['M A SHEIKH', '', 'M HOSSAIN', 'Z H AHMED', 'F INTAZ', 'ASSTT S G I', '', 'SC', 'F T', 'ECI', 'NRC']

ORDER

Date : 02-06-2020 (P.Saikia,J)

Heard Mr. M.A. Sheikh, learned counsel for the petitioner. We have also heard Mr. A. Kalita, learned Standing Counsel, FT and Standing Counsel, Border Police, Assam, Ms. G. Hazarkia, learned Central Govt. Counsel for the Union of India as well as the NRC Coordinator and Ms. B. Das, learned counsel for the Election Commission of India.

2. This is an application under Article 226 of the Constitution of India challenging the opinion dated 01.07.2019 passed by the Foreigners’ Tribunal, 4th Dhubri, Assam in F.T. Case No. F.T.-4/166/GPR/2019.

3. On a reference made by Superintendent of Police (B), Dhubri notice was issued by the Tribunal asking the petitioner to prove her Indian Citizenship. The process server could not find the petitioner in her residence. Therefore the process server pasted the notice in a public place in presence of some witnesses.

4. The Tribunal accepted the said report of the process server. The observation of the Tribunal is quoted as under:

“Accordingly after registration of the case the Notice was issued to the O.P. on 02.05.2019 to appear and submit written statement (W/S in short) and to produce documents in support of her claim

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