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GAHC010248052019

2026:GAU-AS:5463

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/8106/2019

NIVA SUKLABAIDYA @ NIVA BAIDYA

W/O- LT. RAKHAL SUKLABAIDYA, R/O- KHANIKAR GAON, P.O. AND P.S.

SARUPATHAR, DIST. GOLAGHAT, ASSAM. PIN- 785601

VERSUS

THE UNION OF INDIA AND 5 ORS.

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

AFFAIRS, NEW DELHI- 110001.

2:THE STATE OF ASSAM

REP. BY THE SECY.

TO THE GOVT. OF ASSAM

HOME DEPTT.

DISPUR

GHY.

ASSAM. PIN- 781006.

3:THE ELECTION COMMISSION OF INDIA

NIRVACHAN SADAN ASOKA ROAD

NEW DELHI- 110001.

4:THE STATE CO-ORDINATOR

NATIONAL REGISTRATION OF CITIZEN

ASSAM

BHANGAGARH

GUWAHATI

ASSAM

PIN- 781007.

5:THE DY. COMMISSIONER

GOLAGHAT

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P.O. GOLAGHAT

DIST.- GOLAGHAT

ASSAM. PIN- 785621.

6:THE SUPERINTENDENT OF POLICE (BORDER)

GOLAGHAT

P.O. GOLAGHAT

DIST.- GOLAGHAT

ASSAM. PIN- 785621

BEFORE

HON’BLE MR. JUSTICE KALYAN RAI SURANA

HON’BLE MRS. JUSTICE SHAMIMA JAHAN

For the petitioner : Mr. M. Dutta.

For the respondents : Mr. A.K. Dutta, CGC,

: Mr. A.I. Ali, SC, ECI

: Ms. A. Verma, SC, FT & NRC

For the State respondent : Mr. P. Sarmah, G.A.

Date on which judgment is reserved : 20.04.2026

Date of pronouncement of judgment : 15.05.2026

Whether the pronouncement is of

the operative part of the judgment? : No

Whether the full judgment has been

Pronounced : Yes

JUDGMENT AND ORDER

(CAV

(K.R. Surana, J)

Heard Mr. M. Dutta, learned counsel for the petitioner. Also heard,

Mr. A.K. Dutta, learned CGC for respondent no.1; Mr. A.I. Ali, learned standing

counsel for the Election Commission of India, respondent no.3; Ms. A. Verma,

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learned standing counsel for the FT and Border matters, representing

respondent nos.2, 4, and 6; and Mr. P. Sarmah, learned Addl. Senior Govt.

Advocate for respondent no.5.

2) By filing this writ petition under Article 226 of the Constitution

of India, the petitioner, namely, Niva Baidya (as appear in the reference), has

assailed the ex parte opinion dated 12.05.2010, passed by the learned Member,

Foreigners Tribunal, Golaghat, in Case No. FTG 409/07, by which she was

declared to be a foreigner of post 25.03.1971.

3) The case projected by the petitioner is that she is an illiterate

lady and unaware of the legal intricacies involved in the proceeding. It was

submitted by the learned counsel for the petitioner that though the petitioner

was present before the learned Tribunal on the dates fixed for evidence, but due

to absence of her learned counsel, the prosecution witnesses including the

Enquiry Officer were not cross-examined on her behalf. It was also submitted

that she had informed her learned counsel that she was suffering from

rheumatic pain, but though her learned counsel had assured her that he would

take steps, but no steps was taken and the petitioner was declared as a

foreigner by the impugned ex parte opinion.

4) It is the further projected case of the petitioner that by an

opinion dated 20.06.2017, passed by the learned Member, Foreigners Tribunal,

Jorhat in Case No. FTG 408/07 [corresponding to Police Enquiry No. 500/03],

declared her uncle, Biren Sukla Baidya to be not a foreigner. Her further case is

that she is the daughter of Late Mira Suklabaidya @ Mirendra, who was the son

of Late Umeshram Suklabaidya, who had entered into India from erstwhile East

Pakistan and was issued a Certificate of Registration dated 18.11.1956 under

Rule 10 of the Citizenship Rules, thereby registering him as an Indian citizen

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under Section 5(1)(a)/(d) of the Citizenship Act, 1955.

5) Per contra, the learned standing counsel for the FT and Border

matters has vehemently opposed the contention of the learned counsel for the

petitioner and had submitted that the ex parte opinion was passed on

12.05.2010 and the present writ petition was filed on 01.10.2019, after an

unexplained delay and laches which disentitles her for any relief in this writ

petition as she had accepted her status as a foreigner for more than 9 years 4

months.

6) Ordinarily