Page No.# 1/6 GAHC010007622025 2025:GAU-AS:8066 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/398/2025 PANCHANA BEGUM @ PANCHANA KHATUN D/O LATE FAZAR ALI, W/O MAZID ALI, VILL- ROUMARI GAON, MOUZA- CHENGA, P.S.-TARABARI, DIST- BARPETA, ASSAM, PIN-781312 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 GHY-5 5:THE DEPUTY COMMISSIONER BARPETA DIST- BARPETA ASSAM PIN-781301 6:THE SUPERINTENDENT OF POLICE (B) Page No.# 2/6 BARPETA DIST- BARPETA ASSAM PIN-781301 7:THE OFFICER-IN-CHARGE TARABARI POLICE STATION DIST- BARPETA ASSAM PIN-78130 Advocate for the Petitioner : MR S ISLAM, Advocate for the Respondent : DY.S.G.I., SC, ECI,SC, F.T,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 16.06.2025 (K.R. Surana, J) Heard Mr. S. Islam, learned counsel for the petitioner. Also heard Mr. P.S. Bhattacharyya, learned CGC; Ms. N. Bedi, learned counsel on behalf of Ms. P. Barua, learned standing counsel for ECI; Mr. J. Payneg, learned standing counsel Page No.# 3/6 for the FT matters and Mr. P. Sarma, learned Additional Senior Government Advocate for the State respondents. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed an ex parte opinion dated 15.11.2021, passed by the learned Member, Foreigners’ Tribunal, No.7th Barpeta, Assam in Case No. FT- 142/18, corresponding to R/Case No. 1040/04, by which the petitioner was declared as an illegal migrant of post 25.03.1971. 3. The learned counsel for the petitioner has submitted that prior to the Registration of Case No. FT-142/18 before the learned Member, Foreigners’ Tribunal 7th Barpeta another reference was registered against the petitioner, being F.T.(7th Tribunal) Case No. 317/2015 before the same learned Tribunal, being Foreigners’ Tribunal 7th, Barpeta, which was duly contested by the petitioner and accordingly, by an opinion dated 12.04.2016, passed by the said learned Tribunal in F.T. (7th Tribunal) Case No. 317/2015, the reference was answered in the negative and the petitioner was declared to be a citizen of India and not a foreigner. 4. It is submitted that in the proceedings of FT Case No. 142/18, although the petitioner had entered appearance and admittedly took lot of adjournments, during that period COVID-19 pandemic was there. On failure of the petitioner to file a written statement, an ex parte opinion was rendered on 15.11.2021. 5. The learned counsel for the petitioner asserted that in view of the earlier opinion dated 12.04.2016, passed by the said learned Tribunal in F.T. (7th Tribunal) Case No. 317/2015, one opportunity be granted to the petitioner to contest the proceedings of FT Case No. 142/18. Page No.# 4/6 6. The learned standing counsel for the FT matters has vehemently opposed any interference with the impugned opinion because the petitioner had made a default in regularly appearing before the learned Tribunal and wilfully referring from contesting the proceedings by filing written statement and evidence within the time- line as prescribed under the Foreigners (Tribunals) Order, 1964. Accordingly, it is submitted that there is no error apparent in the impugned opinon and therefore, no interference is called for. 7. Be that as it may, as the petitioner has been declared to be Indian citizen vide opinion dated 12.04.2016, passed by the learned Member, Foreigners Tribunal VII, Barpeta in F.T. (7th Tribunal) Case No. 317/2015 and it is in the subsequently registered proceedings, the petitioner has been declared to be a foreigner vide ex parte opinion dated 15.11.2021, passed by the learned Member, Foreigners Tribunal 7th, Barpeta in Case No. FT-142/18, that the Court is of the considered opinion that the petitioner be given one opportunity of contesting the subsequent proceedings. 8. Accordingly, the Court is inclined to pass the following order: a. That the petitioner, namely, Panchana Begum @ Panchana Khatun shall appear before the learned Member, Foreigners Tribunal 7th, Barpeta within a period of 21 days from the date of this order and by producing a certified copy of this order as well as her written statement of defence and documents in support of her defence and abide by such further order or orders that may be passed by the said learned Tribunal. b. In the event the petitioner does not appear before the said learned Tribunal within the time allowed, it would be permissible for the said Page No.# 5/6 learned Tribunal to keep the petitioner as absent on call and to pass a fresh opinion in accordance with law. c. As the reference was made in the year 2018 and ex parte opinion was rendered on 15.11.2021, it would be open to the learned Member, Foreigners Tribunal 7th, Barpeta to curtail unnecessary adjournments and to make an attempt for early disposal of the matter in accordance with law. d. Taking note of the delay that was caused by the petitioner in the proceedings of Case No. FT-142/18 and the inordinate delay in assailing the ex parte opinion dated 15.11.2021, as pre-condition of setting aside the said ex parte opinion and for acceptance of the written statement of defence of the petitioner, the Court is inclined to impose a cost of Rs.5,000/-(Rupees Five thousand only) upon the petitioner, requiring her to deposit such cost before the Member Secretary, District Legal Services Authority, Barpeta and to produce the money receipt issued by the said authority before the learned Tribunal together with a certified copy of this order and her written statement of defence. e. The cost being made a pre-condition for setting aside of the impugned opinion, it made clear that if said cost is not paid, the written statement of defence of the petitioner would become liable to be excluded from becoming the part of the record of the case. 9. To facilitate the appearance of the petitioner before the said learned Tribunal on pre-payment of cost, the impugned ex parte opinion dated 15.11.2021, passed by the learned Member, Foreigners Tribunal 7th, Barpeta in Page No.# 6/6 Case No. FT-142/18 is set aside. 10. Both the records of cases being FT Case No. 317/2015 and FT Case No. 142/18 be returned forthwith to the learned Tribunal together with the copy of this order to be made a part of record of FT Case No. 142/18. JUDGE JUDGE Comparing Assistant