GAHC010150622018 2025:GAU-AS:17144

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4627/2018 MUSSTT. BILATUN NESSA

W/O- MD. ALAUDDIN, R/O- NAM DOBOKA GAON, P.S. DOBOKA, DIST-

HOJAI, ASSAM

VERSUS

THE UNION OF INDIA AND 4 ORS.

REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME

AFFAIRS, JAISALMER HOUSE, 26, MANSINGH ROAD, NEW DELHI- 110011

2:THE FOREIGNERS TRIBUNAL 10TH

NAGAON AT SANKARDEV NAGAR

HOJAI

DIST- HOJAI

ASSAM

3:THE STATE OF ASSAM

REP. BY ITS SECY. DEPTT. OF HOME

DISPUR

GHY-6

4:THE SUPERINTENDENT OF POLICE (BORDER)

HOJAI

DIST- HOJAI

ASSAM

5:THE DY. COMMISSIONER

HOJAI

DIST- HOJAI

ASSA

Advocate for the Petitioner : MR. U DUTTA, MS A DAS Advocate for the Respondent : ASSTT.S.G.I., SC, ELECTION COMMISSION.,SC, NRC,SC, F.T BEFORE HON’BLE MR. JUSTICE SANJAY KUMAR MEDHI HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Advocates for the petitioner : Mr. U. Dutta.

Advocate for the respondents : Mr. M.R. Adhikari, CGC Mr. J. Payeng, Standing Counsel, Home Deptt. & NRC, Mr. A.I. Ali, Standing Counsel, ECI Mr. P. Sarma, Junior Govt. Advocate Date on which judgment is reserved : 27.11.2025 Date of pronouncement of judgment : 09.12.2025 Whether the pronouncement is of the operative part of the judgment :

Whether the full judgment has been pronounced : Yes JUDGMENT AND ORDER (CAV)

(S.P. Khaund, J)

The extra-ordinary jurisdiction of this Court has been sought to be invoked by filing this application under Article 226 of the Constitution of India by putting to challenge the judgment and order dated 10.11.2017 passed by the learned Foreigners’ Tribunal, Nagaon Court No. 10^th at Sankardev Nagar, Hojai in F.T. (D) Case No. 1585/2016 corresponding to S.P.’s FT Case 74/2015. By the impugned judgment, the petitioner, who was the proceedee before the learned Tribunal, has been declared to be a foreigner post 25.03.1971.

Factual Matrix :-

2. The petitioner in this case is Musstt. Bilatun Nessa. On the basis of an enquiry, a reference was issued by the Superintendent of Police (Border), Hojai (respondent No. 4) against the petitioner and the Foreigners Tribunal registered the aforementioned FT(D) Case No.1585/2016 corresponding to S.P.’s FT Case 74/2015.

3. Notice was issued to the petitioner and it was held that notice was duly served as per Section 3(5) of the Foreigners (Tribunals) Order, 1964 (Order of 1964 for short) on the petitioner, who appeared before the Tribunal on 27.04.2016 but failed to appear thereafter and this case proceeded ex-parte against the petitioner vide order dated 24.05.2016.

4. Aggrieved by the order, the petitioner preferred a writ petition, which was registered as WP(C) No. 4506/2016 and vide order dated 08.09.2016, the matter was remanded back to the Tribunal and the petitioner, thereafter, contested the proceeding and filed her written statement. The petitioner adduced the evidence of 2 (Two) witnesses and exhibited several documents.

Arguments for the petitioner :-

5. It is contended by the learned counsel for the petitioner that the voters list dating back to 1966 and the Annual Kheraj patta of 1948, have been produced but the learned Tribunal has erroneously failed to draw lineage of the petitioner with her father, whose name is reflected in the voters’ list of 1966.

6. It is also submitted that the petitioner’s father had two wives and the name of her step- mother is also reflected in the voters’ list of 1966. It is contended that the petitioner has also produced the land documents but this has not been taken into consideration. The petitioner has also produced the jamabandi as the link document which has been ignored by the Tribunal.

7. It is submitted on behalf of the petitioner that the note in the jamabandi depicts that there was an error in recording the name of Montaj A li and the petitioner’s father’s name Mostan Ali has been corrected.

8. The remaining part of the argument on behalf of the petitioner shall be discussed at the appropriate stage.

Arguments for the respondents :-

9. Per contra