Page No.# 1/5 GAHC010152572025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3961/2025 SAKINA KHATUN W/O- WAHED ALI, VILL.- KALIADINGA, P.S. JURIA, DIST. NAGAON, ASSAM, PIN- 782124. VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, NEW DELHI-110001. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006. 3:THE DISTRICT COMMISSIONER DIST. NAGAON ASSAM PIN- 788001. 4:THE SUPERINTENDENT OF POLICE (B) NAGAON ASSAM PIN- 788001. 5:THE ELECTION COMMISSION OF INDIA NEW DELHI-110001. 6:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) BHANGAGARH Page No.# 2/5 PIN- 781032 Advocate for the Petitioner : MR. A M AHMED, MR. M K HUSSAIN,MS. P GHOSH,B DAS Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 25.07.2025 (K.R. Surana, J) Heard Mr. A.M. Ahmed, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned CGC; Mr. J. Payeng, learned standing counsel for the FT matters and NRC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the ex parte impugned opinion dated 08.05.2013, passed by the learned Member, Foreigners’ Tribunal, Nagaon, in F.T. Case No. 8861/2012, by which the petitioner was declared as an illegal migrant. 3. Referring to the documents annexed to this petition, the learned counsel for the petitioner has submitted that the petitioner is a victim of circumstances. 4. It is projected that the petitioner hails from a very poor family. The notice of the proceedings of F.T. Case No. 8861/2012 was never served on the petitioner. It is further submitted that from the records of the said F.T. Case No. 8861/2012 (D), it is seen that one Abed Ali Faraji had filed a petition claiming to Page No.# 3/5 be the husband of the petitioner and sought adjournment due to illness. It is further submitted that although an adjournment petition was filed by the learned counsel, but at no point of time the petitioner had engaged any counsel and to take steps for vacating order to proceed ex parte against the petitioner. The learned counsel for the petitioner submits that the petitioner has no relationship with Abed Ali Faraji, who is not known to the petitioner and he submits that the petitioner never engaged any counsel. Accordingly, an ex parte opinion dated 07.11.2019 was passed. 5. The learned counsel for the petitioner submits that during the NRC process, the petitioner came to know from the NRC Seva Kendra on 25.04.2018 that she is a proceedee in F.T. Case No. 8861/2012 and accordingly, on 02.07.2018, the petitioner had filed Misc Case No. 2 of 2018 before the learned Member, Foreigners’ Tribunal No. 4th, Juria, Nagaon for vacating the said ex parte opinion. In the said proceedings, the petitioner, the father of the petitioner, the brother of the petitioner and the husband of the petitioner appeared as DW-1 to DW-4 and made a statement that Abed Ali Faraji was not a family member. However, by an order dated 07.11.2019, the said, Misc Case No. 2 of 2018 was rejected. However, with liberty to the petitioner to file a petition before the learned Foreigners’ Tribunal No. 1, Nagaon. It is projected that after order dated 07.11.2019 was passed, the petitioner filed an application on 20.02.2020 before the Foreigners’ Tribunal No. 1, Nagaon. However, after 10 to 12 days, the said petition was returned as the Tribunal had no jurisdiction as the residence of the petitioner falls under Juria police station, Accordingly, it is projected that the petitioner, being a layman was confused as to where could she go for appropriate relief. 6. It is submitted that the petitioner has all the documents to show that Page No.# 4/5 she is not a foreigner but a citizen of the Country. Accordingly, this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the ex parte impugned opinion dated 08.05.2013 referred above has been assailed. 7. The learned counsel for the petitioner had produced the original copy of Annexure-F to the writ petition. In the said petition, there is a reference to another petition under section 5 of the Limitation Act. He has produced a copy of the said application. However, on a perusal of the copy of petition produced by the learned counsel for the petitioner, it is noticed that the said petition is not supported by an affidavit. As there is no seal and signature of the learned Tribunal, keeping on record the petition purportedly filed on 20.02.2020, in the absence of any affidavit, there is no way for the Court to ascertain as to whether the petitioner has presented the said petition before the Foreigners’ Tribunal No.1, Nagaon. As per the contents of the order dated 07.11.2019, passed by the Foreigners’ Tribunal No. 4th, Nagaon, Juria, the said misc case was dismissed with liberty to the petitioner to file a petition before the Foreigners' Tribunal No.1, Nagaon. However, the copy of the said order dated 07.11.2019, passed in Misc Case No. 2 of 2018 is also not found to be annexed to Annexure-F to the writ petition, being the projected petition, purportedly filed before the learned Foreigners’ Tribunal No. 1, Nagaon on 20.02.2020. 8. Assuming that the petitioner had filed such a petition on 20.02.2020, there is no acceptable explanation by the petitioner for filing the present writ petition on 15.07.2025, which is after a lapse of more than 5 years. 9. Under such circumstances, having heard the learned standing counsel for the FT matters, the Court is of the considered opinion that on ground of delay and laches in approaching the Court to assail the ex parte impugned Page No.# 5/5 opinion dated 08.05.2013, which is after 12 years thereof, and more than 5 and a half years of passing of the order dated 07.11.2019, passed in Misc Case No. 2 of 2018, by the learned Foreigners’ Tribunal No. 4th, Nagaon, the Court is disinclined to entertain this writ petition and therefore this writ petition stands dismissed on the ground of delay and laches without issuance of notice on the respondents. 10. 10. Accordingly, let a copy of this order be transmitted to the learned Member of the Foreigners' Tribunal, Nagaon to be made a part of record of F.T. Case No. 8861/2012. JUDGE JUDGE Comparing Assistant