Page No.# 1/6 GAHC010132762018 2025:GAU-AS:12110 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4103/2018 SMTI. MALATI BALA DAS D/O- LT FATIK DAS, W/O- LT JOGESH DAS, R/O- VILL- PARERCHAR PT-I, PS ABHAYAPURI, DIST- BONGAIGAON, ASSAM, PIN-783384 VERSUS THE UNION OF INDIA AND 7 ORS. REP. BY THE SECY. TO THE MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI- 110001 2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM DEPTT. OF HOME ASSAM CIVIL SECRETARIAT DISPUR GHY ASSAM PIN-781006 3:ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSIONER NIRBACHAN SADAN ASHOKA ROAD NEW DELHI- 110001 4:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM 1ST FLOOR ACHYUT PLAZA GS ROAD GHY Page No.# 2/6 ASSAM PIN-781005 5:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GHY-7 6:THE DY. COMMISSIONER BONGAIGAON MG ROAD ASSAM PIN-783380 7:THE SUPERINTENDENT OF POLICE (BORDER) BONGAIGAON ASSAM PIN- 783380 8:THE MEMBER FOREIGNERS TRIBUNAL BONGAIGAON NO. 2 ABHAYAPURI ASSAM PIN-78338 Advocate for the Petitioner : MR. A K DUTTA, MR. S SUTRADHAR Advocate for the Respondent : ASSTT.S.G.I., SC, ELECTION COMMISSION.,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 05.09.2025 (K.R. Surana, J) Heard Mr. S. Sutradhar, learned counsel for the petitioner. Also heard Mr. D.J. Das, learned CGC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; Ms. A. Verma, learned standing counsel for the FT matters; and Mr. P. Sarma, learned Additional Senior Govt. Page No.# 3/6 Advocate for the respondent. 2. In a reference being made by the Superintendent of Police (Border), Bongaigaon [ in short SP(B), Bongaigaon], the learned Foreigners Tribunal, Bongaigaon No. 2 at Abhyapuri by and ex- parte opinion dated 19.05.2016 passed in Case No. BNGN/FT/CASE No. 540/2008 opined the petitioner to be a foreigner under the Foreigners Act, 1946 who had entered into India from Bangladesh illegally after 25.03.1971. 3. Dissatisfied with the said ex parte opinion dated 19.05.2016, the petitioner has filed writ petition on 18.06.2018, praying amongst others, to set aside and quash the impugned ex-parte opinion dated 19.05.2016, passed by the learned Foreigners Tribunal, Bongaigaon No. 2 at Abhyapuri in the said Case No. BNGN/FT/CASE No. 540/2008. 4. Pursuant to order dated 20.07.2018, Registry has received the relevant records from the Foreigners Tribunal, Bongaigaon No. 2, Abhyapuri. 5. Perused the records of the said Case No. BNGN/FT/Case No. 540/2008 that was called for by the Court vide order dated 20.07.2018. 6. It is noticed from the records of the learned Tribunal that the notice was duly served on the petitioner and the service report was returned before the learned Tribunal and accordingly, on 10.05.2012, the petitioners prayer for adjournment was allowed and the matter was fixed on 03.07.2012. 7. It is seen that although the matter was listed and taken- up on 28.08.2012, 29.10.2012, 31.12.2012, 30.03.2013, 23.09.2013, 27.12.2013, 29.03.2014, 01.07.2014 and 29.09.2014 but the petitioner had remained absent. Therefore, as the petitioner was absent, a fresh notice was issued to the petitioner by order dated 29.09.2014, which was returned and duly served. Thereafter, the matter was taken up on 07.01.2015 and once again on the Page No.# 4/6 prayer made by the learned counsel for the petitioner, the matter was adjourned on 07.01.2015. The petitioner remained absent on 13.04.2015, 14.07.2015. Thereafter, the proceedings were transferred to the Foreigners Tribunal No. 2, Bongaigaon and the case was re-registered as Case No. BNGN/APR/FT/540/08. When the matter was taken up on 16.10.2015 and 03.12.2015, the petitioner remained absent and matter was fixed on 19.01.2016, on the day Assam Bandh call was given. The matter was then fixed on 20.02.2016 and the petitioner remained absent on 03.03.2016, the learned counsel for the petitioner had filed a petition that he withdrawing his vakalatnama and the matter was fixed for argument on 22.04.2016, the petitioner remained absent and matter was then listed on 19.05.2016 and the petitioner remained absent and reference was disposed of by ex parte opinion dated 19.05.2016. 8. The matter was heard by a coordinate Bench of this Court on 29.05.2024 and Hon’ble Judge Presiding the Bench then had passed an order dated 29.05.2024, thereby disposing of this writ petition with a direction to the petitioner to pay a cost of Rs. 10,000/- (Rupees Ten thousand only), to be deposited before the Secretary, District Legal Services Authority, Bongaigaon on or before 24.10.2025 and on such payment of cost petitioner was granted liberty to file written evidence on affidavit or relevant documents to prove her nationality. It was made clear that if the petitioner is does appear before the said learned Tribunal on the date fixed or on other dates fixed by the Tribunal, the Tribunal was granted liberty to dispose of the matter on the documents available on record. However, we take note of the fact that the draft order on record dated 29.05.2024 is incomplete in certain aspects and perhaps the matter was not brought to the notice of the Bench and therefore, the order passed on 29.05.2024 could not be signed and uploaded by the Bench. Page No.# 5/6 9. Although the learned standing counsel for the FT matters has opposed the prayer made in the writ petition and also opposed remand of the matter back to the learned Tribunal inspite of consistent default on part of the petitioner to appear before the Tribunal and to take steps. 10. We find force in the submission of the learned standing counsel for the FT matters. However, as find the draft order dated 29.05.2024, is available on record by which the then Bench had passed the order to remand the matter back to the Tribunal by imposing the cost of Rs. 10,000/- (Rupees Ten Thousand only) as proposed earlier. Under the facts unique to this case, not to be cited as a precedence, in order to maintain the Judicial discipline, the Court is inclined to allow this writ petition by remanding the matter back to the learned Member, Foreigners’ Tribunal, Bongaigaon No. 2, Abhyapuri, by setting aside the impugned ex parte opinion dated 19.05.2016 passed by learned Member, Foreigners’ Tribunal, Bongaigaon No. 2, Abhyapuri in Case No. BNGN/FT/CASE No. 540/08, arising out of REF. A/puri PS Case No. 29/E/88, dtd. 18.4.88. The above shall be subject to the petitioner depositing a sum of Rs. 10,000/- (Rupees Ten thousand only) to the Secretary, District Legal Services Authority, Bongaigaon within 24.10.2025 on obtaining proper receipt thereof. The petitioner shall thereafter appear before the learned Tribunal on 27.10.2025 and produce the receipt of deposit of costs, whereupon the petitioner shall be allowed to contest the proceedings in accordance with law. 11. It is made clear that in the event the petitioner does not appear before the said Tribunal on 27.10.2025 and thereafter, on the dates fixed by it, then the Tribunal shall be at liberty to dispose of the matter on the documents available before it as per the provisions of the Foreigners Act, 1946, the Foreigners (Tribunals) Order, 1964 and in accordance with law by treating the petitioner as Page No.# 6/6 absent on call. 12. Since this order has been passed in presence of the learned counsel for the parties, the Foreigners Tribunal, Bongaigaon No. 2 at Abhyapuri need not issue any fresh notice to the petitioner with regard to said Case No. BNGN/FT/Case No. 540/2008. 13. Registry shall return the records of Case No. BNGN/FT/Case No. 540/2008, along with a copy of this order forthwith, to the Foreigners Tribunal, Bongaigaon No. 2 at Abhayapuri. 14. The Registry shall retain the draft order dated 29.05.2024, which marked as letter “X” in the record. 15. It may be mentioned that pendency of the reference would not be a bar for the State authorities to take appropriate action as they may so desire in light of background of the petitioner. 16. With the above observations and direction, this writ petition stands allowed to the extent above. JUDGE JUDGE Comparing Assistant