GAHC010025462026

2026:GAU-AS:3618-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1333/2026 MARIYAM BIBI @ MARIYAM BEWA @ MORIUM BEWA @ MARIAN BIBI D/O- LT. MAMAR ALI SHEIKH @ MAMUR ALI, W/O- NOWSAD ALI VILLAGE- HARBHANGA GOSSAIGAON, P.O. TULSHIBIL, P.S. GOSSAIGAON DIST. KOKRAJHAR, ASSAM, PIN- 783337 VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI. 110001

2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER INDIA NEW DELHI. 110001

3:THE STATE OF ASSAM REPRESENTED BY THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GHY-6.

4:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS ASSAM BHANGAGARH GHY-5.

5:THE SUPERINTENDENT OF POLICE (B)

KOKRAJHAR DIST. KOKRAJHAR ASSAM. PIN-783370.

6:THE DISTRICT COMMISSIONER KOKRAJHAR DIST. KOKRAJHAR ASSAM. PIN-783370 Advocate for the Petitioner : MD. A HUSSAIN, MR. K ALOM,MR. T ISLAM Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

ORDER

09.03.2026 Date :

(K.R. Surana, J)

Heard Mr. A. Hussain, learned counsel for the petitioner. Also heard Ms. S. Baruah, learned CGC; Mr. G. Sarma, learned standing counsel for the FT & Border matters; Ms. S. Katakey, learned standing counsel for the ECI; and Mr.

H.K. Hazarika, learned Govt. Advocate for the State respondent.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Mariyam Bibi @ Mariyam Bewa @ Morium Bewa @ Marian Bibi, has assailed the impugned ex parte opinion dated 27.03.1998, passed by the learned Member, Foreigners’ Tribunal, Dhubri, in FT Case No.

3102/K/87, by which she was declared to be a foreigner of 1966-71 stream.

3. This writ petition was filed on 09.02.2026 to assail the ex parte opinion dated 27.03.1998, i.e. after there has been an extraordinary delay of 27 years, 10 months, 13 days (or 10181 days). Hence, the learned counsel for the petitioner was heard on delay and laches on part of the petitioner to assail the ex parte opinion.

4. The learned counsel for the petitioner submits that the petitioner had no knowledge of the reference made against her or of the notice dated 03.01.1998 issued in F.T. Case No. 3102/K/87, as no notice was ever served upon her. It is submitted that the petitioner came to know about the impugned ex parte opinion dated 27.03.1998 only in the last week of December 2025, when the Border Police visited her residence and informed her family members that she had been declared a foreigner.

5. It is further submitted that upon acquiring such knowledge, the petitioner immediately contacted an advocate in the first week of January 2026 and, upon verification of the records in the second week of January 2026, it was ascertained that the learned Foreigners’ Tribunal, Dhubri had passed the ex parte opinion declaring the petitioner to be a foreigner of the 1966-1971 stream. Thereafter, on the advice of her learned counsel, the petitioner filed a review petition before the learned Tribunal on 28.01.2026 seeking to set aside the said ex parte opinion. However, the learned Tribunal refused to entertain the same and returned the petition without passing any formal order.

6. The learned counsel for the petitioner further submits that thereafter the petitioner applied for certified copies of the relevant records on 29.01.2026 and obtained the same on the very day. Subsequently, the petitioner came to Guwahati on 05.02.2026 and the present writ petition was drafted and finalized on 08.02.2026 and filed before this Court on 09.02.2026. It is therefore submitted that there has been no deliberate delay in approaching this Court, and the petitioner acted promptly upon gaining knowledge of the impugned opinion.

7. It is also submitted that at the relevant time, there was a matrimonial dispute between the petitioner and her husband, Late Nowsad Ali, si