Page No.# 1/6 GAHC010187812025 2025:GAU-AS:11851-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4923/2025 ARFINARA BEGUM @ ALSI BEGUM WIFE OF AINUL HAQUE, DAUGHTER OF LATE SOFIKUL HAQUE, RESIDENT OF HOUSE NO. 63(KA), VILLAGE ISLAMPUR, P.O. AND P.S. MERAPANI, DISTRICT GOLAGHAT, ASSAM, PIN-785705 VERSUS THE UNION OF INDIA AND 6 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI-110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006 ASSAM 3:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA GUWAHATI-SHILLONG ROAD BHANGAGARH GUWAHATI-781005 ASSAM 4:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER Page No.# 2/6 NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001 5:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (BORDER) ASSAM ASSAM POLICE BORDER ORGANIZATION SIMANTAPUR GUWAHATI-781032 6:THE DISTRICT COMMISSIONER GOLAGHAT P.O P.S AND DISTRICT- GOLAGHAT-785621 ASSAM 7:THE SUPERINTENDENT OF POLICE (BORDER) GOLAGHAT ASSAM POLICE BORDER ORGANISATION P.O. P.S AND DISTRICT- GOLAGHAT-785621 ASSA Advocate for the Petitioner : MR. A CHETRY, S K SARFRAJ KARIM,MR S AHMED,MR S R A NASER,MR G ALAM Advocate for the Respondent : DY.S.G.I., SC, NRC,SC, F.T,SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 29.08.2025 (K.R. Surana, J) Heard Mr. SRA Nasser, learned counsel for the petitioner. Also heard Mr. H. Gupta, learned CGC; Mr. M. Islam, learned counsel on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; Ms. A. Verma, learned standing counsel for the FT matters and NRC; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for respondent. Page No.# 3/6 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Arfinara Begum @ Alsi Begum, has assailed a part of the common ex parte opinion dated 21.12.2018, passed by the learned Member, Foreigner’s Tribunal, Jorhat, Assam, in so far as relates to case at serial no. 22, being Case No. FTG(D) 485/2010, corresponding to S.P.’s Enquiry No. 85/2008, in the case of State Vs. Alsi Begum. By the said common opinion, amongst others, the service of notice of the proceedings to the petitioner was accepted to be duly served under Order 3 (5) (g) of the Foreigners (Tribunals) Order, 1964 and the petitioner, amongst others, were declared to be foreigners who had illegally entered into the territory of India (Assam) after 25.03.1971, without any valid documents. 3. The learned counsel for the petitioner has referred to the photocopy of the certified copy of the notice and service report regarding service of notice issued by the Foreigners Tribunal on the petitioner which is annexed as Annexure-29 to the writ petition and it is submitted that as per process server’s report dated 19.06.2012, the proceedee could not be found. 4. It is projected that subsequently the said proceeding was transferred for disposal before the learned Member, Foreigners Tribunal, Jorhat and the proceeding was re-registered as FTG(D) 485/2010. By referring to the process server’s report dated 20.09.2018, annexed as Annexure-30 to the writ petition, it is submitted that as per the process server’s report, the notice of the Tribunal was attached to the notice board of the Gaonburah and accordingly, it was reported that notice was served and the report was returned to the learned Tribunal. 5. Based on the process server’s report, the learned Tribunal had recorded at paragraph no. 3 of the impugned opinion, inter alia, that notice to Page No.# 4/6 the petitioner was displayed/ pasted on the conspicuous place of their last place of residence i.e., at the outer part of the house where they used to stay earlier on rental basis because they could not be traced out by the process server at the given address i.e., present address. It is further mentioned in the impugned opinion that the notices are duly witnessed by the owner of the house and renowned person of the localities concerned. The learned Tribunal has also referred to the provision of Order 3 (5) (g) of the Foreigners (Tribunals), Order, 1964 which mandates that the copy of the notice is required to be pasted in a conspicuous place of his/ her residence, witnessed by one respectable person of the locality. Accordingly, it appears that the finding of the learned Member of the Foreigners Tribunal, Jorhat regarding due service of notice is contrary to the contents of the photocopy of the certified copy of the process server’s report, available at Annexure-30 of the writ petition. 6. Although, the learned standing counsel for the FT matters has vehemently opposed the entertaining of the present writ petition on the ground that in the reference, the address of the petitioner is given as village-Mikirbasti, under P.S- Merapani, District- Golaghat, it is evident from the cause-title of the present writ petition that after the enquiry was made, the petitioner has shifted his residence to village-Islampur, under P.S-Merapani, in the district of Golaghat. Accordingly, it is submitted that as the change of address had happened without notifying it to the Border Police, the ex parte opinion rendered against the petitioner is not likely to be interfered with. 7. There is no dispute that the enquiry was made against the petitioner at village-Mikirbasti, under P.S-Merapani, District-Golaghat and therefore, it is quite possible that the petitioner, after the enquiry, had left the said residence. Nonetheless, the process server ought to have served the process strictly in Page No.# 5/6 accordance with Order 3 (5) (g) of the Foreigners (Tribunals) Order, 1964. Any deviance of the manner of service ought to have been only by virtue of orders passed by the learned Tribunal. 8. In this case had the learned Member, Foreigners Tribunal, Jorhat referred to the contents of the process server’s report and had justified the manner of service to be in accordance with Order 3 (5) (g) of the Foreigners (Tribunals) Order, 1964. In this case, contrary to the contents of the process server’s report, the learned Tribunal an inconsistent and incorrect finding has been recorded by the learned Member Foreigners Tribunal, Jorhat that the notices issued, amongst others, to the petitioner was displayed/ pasted in a conspicuous place of his last place of his residence i.e., at the outer part of the house where they used stay earlier on rental basis. This being contrary to the photocopy of the process server’s report. 9. Resultantly, the notice could not have been accepted to have been duly served as per Order 3 (5) (g) of the Foreigners (Tribunals) Order, 1964. 10. This in the considered opinion of the Court had vitiated the ex parte opinion dated 21.12.2018, only in respect of the present petitioner namely, Arfinara Begum @ Alsi Begum, who is the proceedee at serial no. 22 of the said impugned opinion. 11. Resultantly, at the motion stage and without issuance of notice on the respondents, the ex parte opinion dated 21.12.2018, passed by the learned Member, Foreigners’ Tribunal, Jorhat, Assam, is however, set aside in respect of the petitioner namely, Arfinara Begum @ Alsi Begum, without effecting the said ex parte opinion in so far as above proceedees in the common opinion are concerned. 12. The petitioner, who is duly represented by his learned counsel, shall Page No.# 6/6 appear before the learned Member, Foreigners Tribunal, Jorhat, Assam within a period of 20 (twenty) days from the date of this order and on her appearance, shall file her written statement of defence. 13. In the event if the petitioner does not appear before the said learned Tribunal within the time allowed, it would be open to the learned Tribunal to pass a separate and fresh opinion in accordance with law. 14. The petitioner shall produce a certified copy of this order before the said learned Tribunal. 15. The Registry shall also communicate a copy of this order by e-mail to the learned Tribunal at the following e-mail address of the said learned Tribunal:- memftjorhat55@gmail.com 16. The petitioner shall also produce certified copy of the order before the Superintendent of Police (Border), Golaghat to bring the order to the notice of the said authority. JUDGE JUDGE Comparing Assistant