Page No.# 1/4 GAHC010127652018 2025:GAU-AS:1009 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3924/2018 PRAMILA BISWAS AND 2 ORS. W/O- LATE KANAI BISWAS, R/O- VILL- BORGOPE, P.S- JAGIROAD, DIST- MORIGAON, PIN- 782105 VERSUS UNION OF INDIA AND 5 ORS REP. BY THE SECRETARY, DEPTT OF HOME AFFAIRS, GOVT OF INDIA, NEW DELHI- 110001 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY DEPTT OF HOME AFFAIRS GOVT OF ASSAM DISPUR GUWAHATI- 06 3:DEPUTY COMMISSIONER MORIGAON- 782105 4:SUPERINTENDENT OF POLICE(B) MORIGAON- 782105 5:ELECTION COMMISSION OF INDIA NEW DELHI- 110001 6:NATIONAL REGISTER OF CITIZENS ASSAM PIN- 78100 Advocate for the Petitioner : MR. K K DEY, MR V K BAROOAH Page No.# 2/4 Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,SC, ELECTION COMMISSION.,SC, NRC BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 27.01.2025 (M.R. Pathak, J) Heard Mr. V.K. Barooah, learned counsel for the petitioners. 2. Also heard Ms. A Verma, learned Standing Counsel for the Home Department of Government of Assam, respondent Nos. 2 and 4, Mr. P. Sharma, learned Additional Senior Government Advocate for the respondent No. 3, Mr. H. Kuli, learned counsel on behalf of Mr. A.I. Ali, learned Standing Counsel for the Election Commission of India for the respondent No. 5 and Mr. G. Sarma, learned Standing Counsel, NRC, Assam for the respondent No. 6. 3. Notice in this case was issued on 19.06.2018. 4. Registry has already received the relevant records from the concerned Foreigners Tribunal that was called for by the order dated 19.06.2018. 5. It is seen from the records of the case that Superintendent of Police (Border), Morigaon on 16.07.1999 after enquiry referred the matter to the Foreigners Tribunal No. 1st, Morigaon only with regard to Kanailal Biswas, S/O Late Dhanjoy Biswas, resident of Village – Borgope under Police Station – Dharamtul of District – Morigaon, Assam. But while giving notice under Order 3 of the Foreigners (Tribunals) Order, 1964, the learned Foreigner’s Tribunal No. 1, Page No.# 3/4 Morigaon issued notice not only to said Kanailal Biswas but also to his wife (petitioner No. 1) Pramila Biswas, and their two sons namely Bhugeswar Biswas (petitioner No. 2) and Rupeswar Biswas (petitioner No. 3). 6. It is seen from the record of the case that on 21.03.2016, the counsel for the proceedees in the application filed on behalf of the proceedees while seeking time submitted before the Tribunal that the proceedee No. 1 Kanailal Biswas already expired 10 (ten) years back. Further, from the case records it is also seen that the death certificate of the proceedee Kanailal Biswas reflects that the proceedee Kanailal Biswas expired on 07.03.2022 and the said death certificate was issued by the Registrar of Birth and Death, Dharamtul Public Health Centre on 12.08.2002, Dharamtul, Morigaon, exhibited as Exhibit – A and the same was placed before the concerned Foreigners Tribunal, which is available in the case records in original. 7. Inspite of that the learned Member Foreigners Tribunal No. 1, Morigaon by the impugned opinion/order dated 23.03.2018 opined the said deceased Kanailal Biswas, S/O – Dhanjoy Biswas as a foreigner under the Foreigners Act, 1946 along with the petitioner Nos. 1, Pramila Biswas, his wife as well as 2. Bhugeswas Biswas @ Bhageswar Biswas and 3. Rupeswas Biswas, his two sons. 8. Since the reference made by the Superintendent of Police (B), Morigaon was only against said Kanailal Biswas and not against the present three petitioners, the impugned order/opinion dated 23.03.2018 passed by the learned Member Foreigner’s Tribunal No. 1, Morigaon in Case No. F.T. 42/2010 against the petitioners Pramila Biswas, Bhugeswas Biswas @ Bhageswar Biswas and Rupeswas Biswas being not sustainable in law, is hereby set aside and quashed. Page No.# 4/4 9. Needless to say that the Superintendent of Police (B), Morigaon after making necessary enquiry may refer the matter to the concerned Foreigners Tribunal under the Foreigners Act, 1946 and the Foreigners (Tribunals) Order, 1964 if during such enquiry they are found to be suspected foreigners. 10. With the above observations and directions, this writ petition stands disposed of. The interim protection granted earlier to the present petitioners by the order dated 19.06.2018 passed in the present proceeding stands merged with this order. 11. Registry shall return the record of Case No. F.T. (C) 42/2010 [Reference I.M.(D) Case No. 187/99] to the office of the Foreigners Tribunal No. 1st, Morigaon forthwith along with a certified copy order of this case. 12. Registry shall also forward a copy of this order to the Superintendent of Police (Border), Morigaon for his information and necessary action. JUDGE JUDGE Comparing Assistant