HURAN NESSA @ SURAN NESSA Vs. UNION OF INDIA, REPRESENTED BY MINISTRY OF HOME AFFAIRS
LAWS(GAU)-2018-8-107
HIGH COURT OF GAUHATI
Decided on August 29,2018

Huran Nessa @ Suran Nessa Appellant
VERSUS
Union Of India, Represented By Ministry Of Home Affairs Respondents

JUDGEMENT

A.K. Goswami, J. - (1.) Heard Mr. M.U. Mondal, learned counsel for the petitioners. Also heard Mr. J. Payeng, learned special standing counsel, Foreigners Tribunal, appearing for respondent Nos.3, 5 and 6; Ms. G. Sarma, learned CGC appearing for respondent No.1; Mr. A.I. Ali, learned standing counsel, Election Commission of India, appearing for respondent No.2 and Ms. A. Verma, learned standing counsel, NRC, appearing for respondent No.4.
(2.) The writ petition is filed by the petitioners, namely, Huran Nessa @ Suran Nessa, W/O Lt. Habibulla Sk. @ Habibur Rahman and Ajijul Sk. @ Ajijulla @ Ajijul Hoque, S/O Lt. Habibulla Sk. @ Habibur Rahman, challenging an order dated 20.03.1992 passed by the learned Member, Foreigners Tribunal (2nd), Nagaon, in F.T. Case No.2013/1988 and for a direction to fresh consideration and disposal of the aforesaid F.T. Case No.2013/1988. Alternatively, though not prayed for in the writ petition, at the very outset, Mr. Mondal submits that if direction is issued by this Court permitting them to register themselves as foreigners within the period 01.01.1966 to 25.03.1971, their grievance will be suitably redressed.
(3.) The order dated 20.03.1992 reads as follows:- "This FT is referred by S.P. Nagaon to decide whether Habibur Rahman S/O Lt. Kalu Seikh along with Suran Nessa (W) Azizul Hq(S) come from E/Pak to Assam within 1966-25.3.71 and since then residing at village-Gorubandha, PS-Kaliabor, Nagaon. O.P. appeared on 21/6/90 with advocate and filed W/S and claimed to be India. There after remained absent with out steps. Case proceeded exparte. State examined Satya Naranya Adhikari, S.I. Police, P.S. Samaguri who proved ext-1/2 and ext-2(1) 2(2) and found O.P. to have come within 1966-25.3.71. Heard G.P. Held ex-parte foreigners. Send copy.";


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