Page No.# 1/5 GAHC010142682025 2025:GAU- AS:11255-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3744/2025 NURIMA KHATUN D/O. NUROL HOQUE SK @ NURUL HOQUE SK, W/O. AMINUL ISLAM, VILL. JHOWDANGA PT-II, P.O. JHOWDANGA, P.S. MANKACHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN 783131. VERSUS THE UNION OF INDIA AND ORS REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, SHASTRI BHAWAN, TILOK MARG, NEW DELHI - 01. 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPTT. DISPUR GUWAHATI - 6. 3:THE DISTRICT COMMISSIONER SOUTH SALMARA MANKACHAR P.O. HATSINGIMARI DIST. SOUTH SALMARA MANKACHAR ASSAM PIN - 783135. 4:THE SUPERINTENDENT OF POLICE (BORDER) SOUTH SALMARA MANKACHAR P.O. HATSINGIMARI DIST. SOUTH SALMARA MANKACHAR ASSAM PIN 783135. Page No.# 2/5 5:THE SUPERINTENDENT OF POLICE (BORDER) DHUBRI P.O. DHUBRI DIST. DHUBRI ASSAM PIN 783301. 6:THE ELECTION COMMISSIONER OF INDIA NEW DELHI - 01. 7:THE STATE COORDINATOR OF NRC ASSAM BHANGAGARGH GUWAHATI - 05. 8:THE ELECTORAL REGISTRATION OFFICER 21 - MANKACHAR LAC P.O. HATSINGIMARI DIST. SOUTH SALMARA MANKACHAR ASSAM PIN 783135 Advocate for the Petitioner : MR. M R KHANDAKAR, MR. A ROHMAN Advocate for the Respondent : GA, ASSAM, SC, ECI,SC, NRC,SC, F.T,DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 20.08.2025 (K.R. Surana, J) Heard Mr. M.R. Khandakar, learned counsel for the petitioner.Also heard Mr. M.R. Adhikari, learned CGC; Ms. A. Verma, learned standing counsel for the FT and Border matters; Ms. P. Barua, learned standing counsel for the ECI; and Mr. H.K. Hazarika, learned Govt. Advocate for the State respondent. 2. By filing this writ petition under Article 226 of the Constitution Page No.# 3/5 of India, the petitioner, namely, NurimaKhatun, has assailed the impugned ex parte opinion dated 30.04.2022, passed by the learned Member, Foreigners Tribunal3rd, Dhubri at Hatsingimari, in F.T. Case No. 576/2018 [arising out of IM(D)T Case No. 5596/D/98; Ref: F.T. Case No. 639/MKCR/10; Ref: IM(D)T Case No. 1671/98], by which the petitioner was declared as an illegal migrant, who has entered India illegally after 25.03.1971. 3. The only ground to assail the impugned ex parte opinion, as urged by the learned counsel for the petitioner, is that notice of the proceeding was not served on the petitioner. 4. The learned standing counsel for the FT and Border matters has objected to any interference with the impugned ex parte opinion, and she has made her submissions in support of the impugned ex parte opinion. 5. On perusal of the order dated 30.07.2018, available in the Tribunal’s record, a fresh proceeding was registered on receipt of the case record from the learned Foreigners Tribunal 1/2, Dhubri. Accordingly, notice returnable on 17.08.2018 was issued to the petitioner. On 17.08.2018, as service report was not returned the next date of the case was fixed on 24.10.2018. However, after a lapse of about 3 years, the record was next put up on 06.08.2021. Despite several orders, notice could not be served upon the petitioner. Therefore, vide order dated 17.11.2021, the reference was returned to the Superintendent of Police (Border), South Salmara Mankachar under Order 3(5)(j) of the Foreigners (Tribunals) Order, 1964, fixing the matter on 05.02.2022, for producing the petitioner/ report. However, as per order dated 20.04.2022, the reference was returned back to the learned Tribunal with a report, indicating that the petitioner has left the residence without informing the Page No.# 4/5 local people or authority. Accordingly, without passing any order to the effect that the notice was deemed to be duly served, it was ordered that the case would proceed ex parte against the petitioner. The Reference Authority had examined Sharab Lal Boro, S.I. of Police (Border), who had exhibited the report of the Enquiry Officer as Ext.1. Thereafter, the case was fixed on 30.04.2022, for order. Accordingly, ex parte opinion was passed on 30.04.2022. It may also be stated that as the report of the police personnel, who had submitted his report, the notice could not be served on the petitioner. 6. Thus, the notice of the proceeding is found to have not been served upon the petitioner in accordance with law. Accordingly, the impugned ex parte opinion dated 30.04.2022 is found to be vitiated for non-service of notice in accordance with the prescription of the Foreigners (Tribunals) Order, 1964. 7. Therefore, the said impugned ex parte opinion is liable to be set aside, which we accordingly, do. The impugned ex parte opinion dated 30.04.2022, passed by the learned Member, Foreigners Tribunal 3rd, Dhubri at Hatsingimari, in F.T. Case No. 576/2018 [arising out of IM(D)T Case No. 5596/D/98; Ref: F.T. Case No. 639/MKCR/10; Ref: IM(D)T Case No. 1671/98], is set aside. The matter is remanded to the said learned Tribunal for a fresh decision as expeditiously as possible, by making an attempt to conclude the hearing preferably within a period of three months from the date of first appearance by the petitioner. 8. The petitioner, namely, Nurima Khatun, who is duly represented by her counsel, is directed to appear before the said learned Tribunal within outer period of 20.09.2025, without requirement of any fresh notice of Page No.# 5/5 appearance to be served, and file her written statement on appearance along with a certified copy of this order, and await for further order or orders that may be passed by the said learned Tribunal, including order for bail on such terms and conditions as it may deem fit and proper. 9. 9. It is also clarified that in the event the petitioner does not appear within the time allowed, it would be permissible for the said learned Tribunal to treat the petitioner as absent on call and pass a fresh opinion in accordance with law. 10. The Registry shall return the Tribunal’s records expeditiously, along with a copy of this order, to be made a part of the record. 11. The petitioner shall also produce another certified copy of this order before the Superintendent of Police (Border), Dhubri, to bring the order to the notice of the said authority. JUDGE JUDGE Comparing Assistant