Page No.# 1/4 GAHC010280372024 2025:GAU-AS:732- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/219/2025 FATEMA BIBI @ FATEMA BEGUM W/O KHAIRUZAMAN BEPARI, R/O DHARMASALA PART-III, P.S.-DHUBRI, DIST- DHUBRI, ASSAM, PIN-783324 VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-06 3:THE DIRECTOR GENERAL OF POLICE (ADMN) ASSAM ULUBARI GUWAHATI-07 4:THE SUPERINTENDENT OF POLICE (BORDER) DHUBRI DIST- DHUBRI ASSAM PIN-783301 5:THE DEPUTY COMMISSIONER DHUBRI DIST- DHUBRI Page No.# 2/4 ASSAM PIN-783301 6:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001 7:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZEN (NRC) 1ST FLOOR ACHYUT PLAZA G.S. ROAD BHANGAGARH GUWAHATI ASSAM-78100 Advocate for the Petitioner : MR M A ISLAM, MR J I MONDAL Advocate for the Respondent : DY.S.G.I., SC, NRC,SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 22.01.2025 (M.R. Pathak, J) Heard Mr. M.A. Islam, learned counsel for the petitioner. Also heard Mr. P.S. Laskar, learned CGC for the respondent No. 1, Ms. A. Verma, learned Standing Counsel representing the Home Department of Government of Assam, respondent Nos. 2, 3 and 4, Mr. P. Sarma, learned Additional Senior Government for the respondent No. 5, Mr. H. Kuli, learned counsel on behalf of Mr. A.I. Ali, learned Standing Counsel for the Election Commission of India, respondent No. 6 and Mr. G. Sarma, learned Standing Counsel for the respondent No. 7. Page No.# 3/4 2. Aggrieved by the notice dated 04.12.2024 issued by the learned Foreigners Tribunal No. 1, Dhubri in Foreigners Tribunal Case No. 21/D/2014 whereby the petitioner was asked to appear before the said Tribunal on 26.12.2024 and to submit her written statement along with all the relevant documents to prove as to whether she is not a foreigner under the provisions of the Foreigners Act, 1946 (the Act of 1946 in short), the petitioner has filed the said petition on 30.12.2024 stating that earlier in a similar proceeding the Foreigners Tribunal No. 1, Dhubri in F.T. Case No. 4923/D/11 (Ref. Case No. F.T/505/D/07) after hearing the parties and considering the evidence adduced by her by the final order/opinion dated 12.06.2019 opined the petitioner namely Fatema Bibi, W/O – Khairuzaman Bepari, D/O – Abdul Kader Bepari, resident of village – Dharmasala Pt. III, Police Station & District – Dhubri, is not a foreigner under the Act of 1946. 4. It is seen that the said F.T. Case No. 4923/D/11 in which the final order of the opinion dated 12.06.2019 passed by the learned Foreigners Tribunal No. 1, Dhubri is in favour of the petitioner arising out of the Reference Case No. F.T/505/D/07. Further it is seen that the notice dated 04.12.2024 issued by the learned Member of Foreigners Tribunal No. 1, Dhubri in F.T. Case No. 21/D/2014 has also the same reference number of the Superintendent of Police (Border), Dhubri being No. 505/D/07. 5. After hearing the parties and considering the materials of the case, this writ petition is disposed of directing the petitioner to file appropriate written statement/application before the learned Member of Foreigners Tribunal No. 1, Dhubri in F.T. Case No. 21/D/2014 submitting the aforesaid facts regarding the said proceeding i.e. F.T. Case No. 21/D/2014. Such written statement/application Page No.# 4/4 shall be filed by the petitioner before the learned Member of Foreigners Tribunal No. 1, Dhubri in the said F.T. Case No. 21/D/2014 on or before 07.02.2025. 6. In the event of filing such written statement/application by the petitioner as directed above, the learned Member of Foreigners Tribunal No. 1, Dhubri shall dispose of the said case of the petitioner and shall answer the reference made by the Superintendent of Police (B), Dhubri vide Reference No. 505/D/07 appropriately in accordance with law with a reasoned order. 7. In terms of the above observations, this writ petition stands disposed of. JUDGE JUDGE Comparing Assistant