GAHC010216022025

2026:GAU-AS:2835-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/616/2026 DALIMA KHATUN W/O- SAIDUR RAHMAN, (D/O- LT. BARKAT ALI), R/O- VILL- BALIGAON, P.S. ORANG, DISTRICT- UDALGURI, ASSAM VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, SHASTRI BHAWAN, TILAK MARG, NEW DELHI-

1

2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6

3:THE DISTRICT COMMISSIONER OF ODALGURI P.O. AND DIST. UDALGURI (BTR)

ASSAM PIN- 784509

4:THE SUPERINTENDENT OF POLICE (BORDER)

UDALGURI P.O. AND DIST. UDALGURI ASSAM PIN- 784509

5:THE ELECTION COMMISSION OF INDIA NEW DELHI-1

6:THE STATE CO-ORDINATOR OF NRC ASSAM HOUSEFED COMPLEX

2ND FLOOR BANPHOOL NAGAR DISPUR GUWAHATI-

Advocate for the Petitioner : MR. M AHMED, MR. M M ZAMAN Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, F.T,SC, NRC BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

25.02.2026 Date :

(K.R. Surana, J)

Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC for respondent no.1; Mr. G. Sarma, learned standing counsel for the respondent nos. 2, 4 and 6; Mr. A.I. Ali, learned standing counsel for respondent no.5; Mr. P. Sarmah, learned Addl. Senior Govt.

Advocate for respondent no.3.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Dalima Khatun, has assailed the impugned opinion dated 06.07.2021, passed by the learned Member, Foreigners Tribunal- 2ND, Darrang, Mangaldai, in F.T. 2ND Case No. 1039/2011, arising out of Ref. F.T. Case No. 48/2011, by which she was declared to be a foreigner or illegal migrant of stream of post 25.03.1971.

3. This writ petition was filed on 18.09.2025, to assail the opinion dated 06.07.2021, i.e. after there has been an extraordinary delay of 4 years, 2 months, 13 days (or 1535 days). Moreover, at the time of filing the writ petition, certain defects were noted, which were belatedly rectified only on 04.02.2026, i.e. after 4 months, 14 days. Hence, the matter was heard on delay and laches on part of the petitioner to assail the impugned opinion.

4. The learned counsel had submitted that in paragraph 18 of the writ petition, the petitioner has taken a stand that due to extreme financial hardship, she could not file the writ petition on time.

5. Per contra, the learned standing counsel for the FT, Border matters and NRC had submitted that the explanation given for the inordinate delay is vague and insufficient and not supported by any documents or any other cogent and reliable material.

6. The learned CGC and the learned Addl. Senior Govt. Advocate for the other appearing respondents have adopted the submissions made by the learned standing counsel for the FT, Border matters and NRC.

7. The petitioner, on receipt of notice, has appeared and filed her written statement, wherein it has been stated that she was born on 20.07.1985 and born and brought up at village Singimari, in Bongaigaon District. Later, after she got married with Sahidul Rahman, she is now residing at village- Baligaon in Udalguri District with her husband and two children. The name of her father appeared in the voters list of 1966 and 1970 of 71 No. Rangamati LAC of village- Kharpari Chapari, as Barkat Ali, son of Abdul Hoque. In the year 1963/1964, one annual khiraj patta no. 38 was issued in the name of her father, Barkat Ali, son of Abdul Hoque. One voters identity card and PAN card has been issued in her name. The name of her father appeared in the voters list of 1997 of 72 No. Barsala LAC of village- Singimari Bangaligaon, as Barkat Ali, son of Abdul Hoque. Therefore, it was prayed that the petitioner be declared as an Indian.

8. The petitioner had examined herself as DW-1 and in her evidence-on-affidavit, the petitioner had reiterated the statemen