Page No.# 1/5 GAHC010189622025 2025:GAU-AS:14842-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5110/2025 MUSSTT. AFUJA BEGUM @ AFRUJA BEGUM WIFE OF JABED ALI, D/O DOLE MAHMUD, VILLAGE- BAKARAPATTA, P.S.- SOOTEA, DIST- BISWANATH CHARIALI, ASSAM, PIN-784175 VERSUS THE UNION OF INDIA AND 6 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-1 2:THE ELECTION COMMISSION OF INDIA NEW DELHI-1. 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI 6. 4:THE STATE CO-ORDINATOR OF NRC BHANGAGARH ASSAM GUWAHATI - 05. 5:THE DISTRICT COMMISSIONER SONITPUR TEZPUR DIST. - SONITPUR ASSAM PIN -784001. Page No.# 2/5 6:THE SUPERINTENDENT OF POLICE (B) SONITPUR AT TEZPUR ASSAM PIN -784001. 7:THE OFFICER IN CHARGE SOOTEA POLICE STATION DISTRICT- BISWANATH CHARIALI ASSAM PIN- 782001 Advocate for the Petitioner : MR. M U MAHMUD, S SEKH,MS. B CHETIA,MR S ISLAM,MR S H MAHMUD Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, NRC,SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 01.11.2025 (K.R. Surana, J) Heard Mr. S. Islam, learned counsel for the petitioner. Also heard Ms. S. Baruah, learned CGC; Mr. H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; Mr. G. Sharma, learned standing counsel for the FT matters and NRC; and Mr. H.K. Hazarika, learned Junior Govt. Advocate for respondent. 2. By filing this writ petition under Article 226 of the Constitution of Page No.# 3/5 India, the petitioner has sought for mandamus and certiorari for declaring that the detention of Musstt. Afuja Begum @ Afruja Begum, at the Transit Camp, Matia, Goalpara is illegal and direct that she be set at liberty. 3. From the materials available on record, it is seen that by an opinion dated 04.05.2016, passed by learned Member, Foreigners Tribunal-6, Tezpur, Assam, in Case No. FT C (6) 46/2015, the petitioner namely, Musstt. Afuja Begum @ Afruja Begum, has been declared to be a foreigner/illegal migrant of post 25.03.1971 stream. 4. The said opinion dated 04.05.2016, was unsuccessfully assailed before this Court by filing WP(C) 7340/2016, which was dismissed by order dated 19.04.2018. 5. The aggrieved petitioner had then approached the Supreme Court of India, wherein the challenge to the order of the Division Bench of this Court was registered as Special Leave Petition (Criminal) Diary No. 35049/2018. The order dated 02.08.2019, passed by the Supreme Court of India is extracted below:- “Delay condoned. Having heard learned counsel for the petitioner and on perusing the relevant material, we are not inclined to interfere. The special leave petition is accordingly dismissed. Pending interlocutory applications, if any, shall stand disposed of.” 6. The petitioner projects that consequent to the said opinion referred above, she was taken into custody and on the date of opinion and later on released. Thereafter, the petitioner was again taken into custody on Page No.# 4/5 26.05.2025 and now she is lodged at the Transit Camp, Matia, Goalpara. 7. This Court in the case of Sanidul Sheikh Vs. Union of India & Ors., WP(C) No. 3099/2025, decided on 24.10.2025, has held that once the proceedee has been declared to be a foreigner, the proceedee will have no right except the right of life enshrined under Article 21 of the Constitution of India and the proceedee will have no right to live at a place of his choice and to carry on profession of his/her choice and that the State would have the right to restrict the movement of the declared foreign national, i.e., the petitioner in this case as she is already declared to be a foreigner and to hold her till appropriate steps are taken by the State for expulsion of the petitioner from the Country. Accordingly, the discussions and observations made by this Court order dated 24.10.2025, passed in WP(C) 3099/2025, is not reiterated in this order. 8. As the opinion dated 04.05.2016, passed by learned Member, Foreigners’ Tribunal-6, Tezpur, Assam, in Case No. FT C (6) 46/2015, has attained finality, the declaration of the petitioner as foreigner/illegal migrant of post 25.03.1971 steam has been fortified by dismissal of her writ petition and Special Leave Petition. 9. Resultantly, there is no merit in the present writ petition in view of the decision of this Court in Sanidul Sheikh (supra). Accordingly, the writ petition stands dismissed at the motion stage without issuing notice to the respondents. 10. The learned standing counsel for the FT matters shall transmit a copy of this order to the Home and Political (B) Department so as to enable the Page No.# 5/5 concerned authorities to transmit it to the concerned Foreigners Tribunal so as to make it a part of record. JUDGE JUDGE Comparing Assistant