Page No.# 1/5 GAHC010214012019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6746/2019 BIR CHARAN BAISHNAB AND ANR. S/O- LT DUL GOBINDA BAISHNAB, VILL- KHELMA, PART-V, P.O. GUMRA BAZAR, P.S. KATIGORAH, DIST- CACHAR, ASSAM 2: ADARMOYEE BAISHNAB @ ADORINI BAISHNAB D/O- LT PROSHAR BAISHNAB W/O- BIR CHARAN BAISHNAB VILL- KHELMA PART-V P.O. GUMRA BAZAR P.S. KATIGORAH DIST- CACHAR ASSA VERSUS THE UNION OF INDIA AND 5 ORS. MINISTRY OF HOME AFFAIRS, REP. BY THE ASSTT. SOLICITOR GENERAL OF INDIA, 2:THE STATE OF ASSAM REP. BY THE SECY. TO THE GOVT. OF ASSAM DEPTT. OF HOME DISPUR GHY-6 3:THE SUPERINTENDENT OF POLICE (B) CACHAR SILCHAR ASSAM PIN- 788001 4:THE DY. COMMISSIONER AND DIST. ELECTION OFFICER Page No.# 2/5 CACHAR ASSAM PIN- 788001 5:STATE COORDINATOR NRC ACHYUT PLAZA BHANGAGARH GHY-5 6:ELECTION COMMISSION OF INDIA TO BE REP. BY DISTRICT ELECTION OFFICER BARPETA ASSA Advocate for the Petitioner : MR M J QUADIR, MR. K MIRA,MR. F RAHMAN Advocate for the Respondent : ASSTT.S.G.I., SC, ELECTION COMMISSION.,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 23.06.2026 (K.R Surana, J) Heard Mr. A.K. Hannan, learned counsel appears on instruction of Mr. MJ Quadir, learned counsel for the petitioner. Also heard Mr. A.K. Dutta, learned CGC, Ms. R.B. Bora, learned Junior Government Advocate, Mr. G. Sharma, learned Standing Counsel for F.T. and N.R.C. and Mr. A.I. Ali , learned Standing Counsel, E.C.I. for the respondents. 2. By filing this writ petition under Article 226 of the Constitution of India, the two petitioners, namely, Bir Charan Baishnab and Adarmoyee Baishnab @ Adorini Baishnab have assailed the impugned opinion dated 07.02.2019 passed by the learned Member, Foreigners’ Tribunal-4th, Cachar, in Case No. F.T. 4th/147/2017, arising out of F/Case No.45/2004, by which the Page No.# 3/5 petitioners were declared as an illegal migrant of post 25.03.1971 stream. 3. In this case, the petitioner no.1 is the husband and petitioner no.2 is the wife of petitioner no.1. 4. The learned Counsel for the petitioner, on instructions has produced a copy of the death certificate issued on 18.02.2021, disclosing that Bir Charan Baishnab had expired on 22.01.2021. The photocopy of the death certificate is retained as part of record. 5. From the perusal of the Tribunal’s record, it appears that the enquiry as to whether the suspect is a foreigner or illegal migrant or not was directed only against Bir Charan Baishnab, son of late Dul Govinda Baishnab and accordingly, based on the enquiry report, the Superintendent of Police (B), Cachar, who is the competent authority had made a reference only against the said Bir Charan Baishnab, but not against the petitioner no.2, Adarmoyee Baishnab @ Adorini Baishnab. 6. Accordingly, on receipt of the reference, the learned Member Foreigners’ Tribunal-4th, Cachar, Silchar, registered the same as Case No. 4th/147/2017 against the petitioner no.1, Bir Charan Baishnab. However, while issuing notice of the case, notice was issued to both the petitioners. 7. On the death of the petitioner no.1 on 18.02.2021, the Court had put a query to the learned Counsel for the petitioners as to whether any family member was interested in being substituted in the matter, as the opinion dated 07.02.2019 declaring Bir Charan Baishnab to be a foreigner may later on have some effect on the legal representatives of the said deceased petitioner no.1. 8. On receipt of the instructions, the learned Counsel for the petitioners has submitted that none of the family members of the deceased petitioner no.1 Page No.# 4/5 is interested in substituting themselves in the matter. 9. Having heard the learned Standing Counsel for F.T., Border matters and N.R.C, the Court is of the considered opinion that upon the death of Bir Charan Baishnab on 22.01.2021, the writ petition stands abated. Finality has been attained in respect of the said impugned opinion dated 07.02.2019 with regard to petitioner no.1. 10. As there was no reference against petitioner no.2, namely, Adarmoyee Baishnab @ Adorini Baishnab, the impugned opinion dated 07.02.2019, referred above is thereby set aside against the petitioner no.2, Adarmoyee Baishnab @ Adorini Baishnab without affecting the said opinion in respect of the deceased petitioner no.1. 11. This is being ordered that there was no enquiry against the petitioner no.2 and the reference which was forwarded to the learned Tribunal was also against the petitioner no.1 and not the petitioner no.2. 12. Accordingly, it is provided that in the event the competent authority decides to direct an enquiry against the petitioner no.2, it would be open to the concerned authority to do so in accordance with law. 13. The writ petition stands abated in respect of petitioner no.1, namely, Bir Charan Baishnab and the writ petition stands allowed in respect of petitioner no.2, Adarmoyee Baishnab @ Adorini Baishnab. 14. The Registry shall send back the records to the concerned Tribunal along with the copy of this order to be made a part of this record. 15. The learned Standing Counsel for F.T. and N.R.C. and shall also transmit downloaded copy of this order to the Superintendent of Police (B), Cachar, Silchar to bring the order to the notice of the said authority. Page No.# 5/5 16. The writ petition stands disposed of in the above terms. 17. No order as to costs. JUDGE JUDGE Comparing Assistant