GAHC010225262025

2026:GAU-AS:3006-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6741/2025 PURNIMA BEGUM ALIAS MINARABEGUM RO MODHUPUR , MORANGIAL , CHOTTAHAIBOR , PS NAGAON SADAR ,DIST NAGAON VERSUS THE UNION OF INDIA AND OTHRS REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, SHASTRI BHAWAN, NEW DELHI-110001.

2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI. PIN-781006

3:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSION NIRVACHANSADAN ASHOKA ROAD NEW DELHI-110001

4:THE STATE COORDINATOR NATIONAL REGISTRATION OF CITIZENS ASSAM

1ST FLOOR ACHYUT PLAZA G.S. ROAD BHANGAGARH GUWAHATI ASSAM PIN-781005

5:THE DISTRICT COMMISSIONER NAGAON DIST NAGAON

6:THE SUPERINTENDENT OF POLICE BORDER NAGAON DIST NAGAO ASSAM

7:THE OFFICER IN CHARGE NAGAON DIST NAGAON ASSA Advocate for the Petitioner : MR. S. K. CHAKMA, MS. D GHOSH Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

25.02.2026 Date :

(K.R. Surana, J)

Heard Ms. D. Ghosh, learned legal aid counsel for the petitioner.

Also heard Mr. U.K. Goswami, learned CGC; Mr. A.I. Ali, learned standing counsel for the ECI; Mr. G. Sarma, learned standing counsel for the FT and Border matters; Mr. H.K. Hazarika, learned Junior Govt. Advocate for the State respondent.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Purnima Begum @ Minara Begum, has assailed the impugned ex parte opinion dated 29.01.2018, passed by the learned

st

Member, Foreigners Tribunal, 1 , Nagaon, in F.T. Case No. 108/15, arising out of

Case No. 579/14, dated 15.09.2014, by which she was declared to be a foreigner who had entered into India illegally from Bangladesh after 25.03.1971. 3. This writ petition was filed on 03.10.2025 to assail the ex parte opinion dated 29.01.2018, i.e. after there has been an extraordinary delay of 7 years, 8 months, 5 days (or 2804 days). Hence, the learned legal counsel for the petitioner was heard on delay and laches on part of the petitioner to assail the ex parte opinion.

4. The learned legal aid counsel for the petitioner has strenuously submitted that the petitioner is a citizen of India by birth and belongs to the indigenous Muslim community of Assam, having all the requisite documents. It was also submitted that the petitioner belongs to a very marginalized and financially weak background and lacked the financial resources to obtain certified copies of the impugned ex parte opinion dated 29.01.2018 or to engage a lawyer in time. It was submitted that due to extreme financial hardship, she could not approach this Hon’ble Court within the prescribed time. Hence, it was submitted that the delay in filing the present petition was neither wilful nor deliberate. Moreover, on behalf of the petitioner, the learned legal aid counsel has tendered unconditional apology for the delay in approaching this Court within a reasonable time. In her additional affidavit filed on 23.02.2026, the petitioner has reiterated about her financial hardship. She has also stated that she was unaware about the legal proceedings and consequences.

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

6. The learned CGC and the learned Junior 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. As per the contents of the impugned ex parte opinion dated 29.01.2018, the notice of the proceeding was duly received by the son of the petitioner, namely, Rajib Ali, on 20.12.2017. However, despite due service of notice, the petitioner had remained absent