Page No.# 1/3 GAHC010128522018 2025:GAU-AS:1072 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3976/2018 MOHIBON NESSA WIFE OF MD. IDRIS ALI, RESIDENT OF VILLAGE- MESSAMORA KHANIKAR, P.O. RANGAMATI, P.S. DERGAON, DIST.- GOLAGHAT, ASSAM. VERSUS THE UNION OF INDIA AND 5 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TILAK MARG, NEW DELHI-1. 2:THE ELECTION COMMISSION OF INDIA GOVT. OF INDIA NEW DELHI. 3:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPTT. OF HOME DISPUR GUWAHATI- 6. 4:THE ASSAM STATE COORDINATOR NRC BHANGAGARH GUWAHATI-5. 5:THE SUPERINTENDENT OF POLICE GOLAGHAT (B) GOLAGHAT ASSAM PIN- 6:THE DEPUTY COMMISSIONER Page No.# 2/3 GOLAGHAT P.O. AND DIST.- GOLAGHAT ASSAM Advocate for the Petitioner : MD. A MATLIB, MR. R DHAR Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,MR J PAYENG,SC, NRC,MS. A VERMA,SC, ECI,MR. D BARUAH BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 30.01.2025 (M.R. Pathak, J) Heard Mr. A. Matlib, learned counsel for the petitioner. Also heard Mr. S.K. Medhi, learned CGC for the respondent No. 1; Mr. H. Kuli, learned Standing Counsel for the Election Commission of India, respondent No. 2; Mr. G. Sarma, learned Standing Counsel for the Home and Political Department of Government of Assam as well as the NRC, Assam, respondent Nos. 3, 4 and 5 and Mr. P. Sharma, learned Additional Senior Government Advocate, Assam for respondent No. 6. 2. By the impugned opinion/judgment dated 13.12.2017 passed by the Foreigner’s Tribunal, Jorhat in Case No. FTG (D) 92/2011, in a reference being forwarded by the Superintendent of Police (Border), Golaghat after hearing the parties and considering the evidence adduce by her, opined the petitioner to be a foreigner under the Foreigners Act, 1946, who had entered into the territory of India illegally from the specified territory of Bangladesh after 25.03.1971. 3. Mr. Matlib, learned counsel for the petitioner on instructions has submitted that that during pendency of this writ petition the petitioner namely Mohibon Page No.# 3/3 Nessa, wife of Md. Idrish Ali, resident of village – Messamora Khanikar, Police Station – Dergaon, District – Golaghat expired on 23.02.2021. To that extent Mr. Malib has placed the death certificate of the petitioner issued by the Registrar, Birth and Death, Missamora Public Health Centre, District – Golaghat dated 05.03.2021 vide registration No. 94. 4. In view of the above, Mr. Matlib, learned counsel for the petitioner on instructions of the family members of the petitioner is not pressing this writ petition to which the counsel for the respondents have no objection. 5. Accordingly, this writ petition stand dismissed being not pressed. 6. Interim protection granted earlier to the petitioner on 18.06.2018 being infructuous, is hereby recalled. 7. Copy of the death certificate of the petitioner issued by the Registrar, Birth and Death, Missamora Public Health Centre, District – Golaghat on 05.03.2021 be kept as a part of the record. 8. Registry shall return the records of Case No. FTG(D) 92/2011 to the Foreigner’s Tribunal, Jorhat forthwith along with a copy of this order and also a copy of the death certificate of the petitioner dated 05.03.2021 issued by the Registrar, Birth and Death, Missamora Public Health Centre, District – Golaghat. 9. Copy of this order be also forwarded to the Superintendent of Police (Border), Golaghat for his necessary information. JUDGE JUDGE Comparing Assistant