Page No.# 1/5 GAHC010211902025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5758/2025 ANWARA BEGUM WIFE OF MOZID SEIKH, R/O VILLAGE- SIKONEE BORHULA, JAKHALABANDH, DIST. NAGAON, ASSAM VERSUS THE UNION OF INDIA AND 9 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF POLITICAL AND HOME AFFAIRS, NEW DELHI. 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN BHABAN ASHOKA ROAD NEW DELHI-110001. 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006. 4:THE CHIEF ELECTION OFFICER ASSAM HOUSEFED COMPLEX BELTOLA ROAD GUWAHATI-781006. 5:THE ELECTORAL REGISTRATION OFFICER KALIABOR SUB-DIVISION DIST. NAGAON Page No.# 2/5 ASSAM 6:THE DISTRICT COMMISSIONER -CUM- DISTRICT ELECTION OFFICER -CUM- ELECTORAL REGISTRATION OFFICER NAGAON P.O. AND DIST. NAGAON ASSAM 7:THE SUPERINTENDENT OF POLICE (BORDER) NAGAON P.O. AND DIST. NAGAON ASSAM 8:THE NATIONAL REGISTER OF CITIZENS (NRC) OFFICE OF THE STATE COORDINATOR BHANGAGARH GUWAHATI ASSAM PIN- 781005. 9:MEMBER OF FOREIGNERS TRIBUNAL NO. 2 NAGAON ASSAM P.O. AND DIST. NAGAON ASSAM 10:MEMBER OF FOREIGNERS TRIBUNAL NO. 8 NAGAON ASSAM P.O. AND DIST. NAGAON ASSA Advocate for the Petitioner : MS. G BORAH, S CHETIA Advocate for the Respondent : DY.S.G.I., SC, ECI,SC, NRC,SC, F.T,GA, ASSAM Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 27.10.2025 (K.R Surana, J) Heard Ms. G. Borah, learned counsel for the petitioner. Also heard Mr. R.K.D. Choudhury, learned Dy.S.G.I.; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Ms. S. Katakey, learned standing counsel for the ECI; and Mr. P. Sharma, learned Additional Senior Govt. Advocate for the State. 2. The learned counsel for the petitioner has submitted that a proceeding, being FT Case No. 1824/2011 has been registered against the petitioner which was registered before the learned Member, Foreigners Tribunal No. 2nd, Nagaon and the petitioner came to know about the said proceeding only when the final draft of NRC was released on 31.07.2019 where her name was not enlisted. 3. The learned counsel for the petitioner submits that as per instructions, the proceeding is still pending and has not been disposed of and as the petitioner is not aware of any order proceeded exparte against the petitioner, no steps could be taken. 4. The learned counsel for the petitioner has submitted that when the petitioner approached the learned Foreigners Tribunal No.2nd, Nagaon, she was Page No.# 4/5 informed that the matter was pending before the Foreigners Tribunal No. 8, Nagaon. However, when the petitioner approached the Foreigners Tribunal No. 8, Nagaon, she was informed that there is no such case pending before it. 5. The learned Standing Counsel, FT and Border matters has submitted that he has received instruction to the effect that the proceeding against the petitioner is currently pending for adjudication before the learned Foreigners Tribunal No. 2nd, Nagaon as the proceedings was kept as ‘filed’ due to non appearance of the petitioner. The learned Standing Counsel for the FT matters has produced the records of the Tribunal through e-mail, which has been perused by the Court. 6. In view of the prayer made in this writ petition to allow the petitioner to appear before the concerned Foreigners Tribunal, the Court is of the considered opinion that as the proceedings of FT Case No. 1824/2011 against the petitioner is still pending before the learned Foreigners Tribunal No. 2nd, Nagaon, it would meet the ends of justice to permit the petitioner to appear before the said learned Tribunal and to contest the proceeding. 7. Accordingly, it is provided that in the event the petitioner appears before the learned Foreigners Tribunal No.2nd, Nagaon within 19.11.2025, on such appearance, the said learned Tribunal will provide the petitioner with a reasonable time to file her written statement as well as evidence-on-affidavit and to take steps to produce and examine her witnesses. 8. The writ petition stands disposed of to the extent as indicated above. Page No.# 5/5 9. No order as to costs. JUDGE JUDGE Comparing Assistant