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2023 Supreme(Gau) 568

ACHINTYA MALLA BUJOR BARUA, NELSON SAILO
Rukia Begum Barbhuiya @ Rukia Begum – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. A M S MAZUMDER
For the Respondent: ASSTT.S.G.I.

JUDGMENT :

A.M. Bujor Barua, J.

Heard Mr. AMS Mazumder, learned counsel for the petitioner. Also heard Mr. D Mozumdar, learned Additional Advocate General, Assam, assisted by Mr. G Sarma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam as well as the Superintendent of Police (B) Cachar, Ms. L Devi, learned CGC for the respondents in the Union of India, as well as for the authorities under the NRC, Mr. AI Ali, learned counsel for the authorities under the Election Commission of India and Ms. U Das, learned Government Advocate for the Deputy Commissioner, Cachar.

2. The petitioner Rukia Begum Barbhuiya @ Rukia Begum was referred to the Foreigners Tribunal 4th Cachar Silchar resulting in the registration of F. 4th/D/415/2015. The Tribunal passed an order dated 25.01.2019 which is extracted as below:

    “O.P. is absent without any step. S.P.(B) Cachar referred the case for opinion whether OP is Indian or Foreigner. In the reference L.V.O. stated that OP produced valid document for which she has to be beyond doubt. The reference itself and as per verdict of the Gauhati High Court in WP(C) No. 7104/2015 stated that if tribunal prima facie arriv

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