Page No.# 1/5 GAHC010160062026 2026:GAU-AS:11878-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4048/2026 DELJAN NESSA D/O-LATE KISMAT ALI ALIAS KISMAT ALI MIYA FATHER AND LATE KAMALJAN BEWA MOTHER, W/O-MAZIBAR RAHMAN, VILL.-BHERA GAON, .- GHUGUBARI, P.S.-KALGACHIA, DIST.- BARPETA, ASSAM, PIN- 781319 VERSUS THE UNION OF INDIA AND 5 ORS , REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, NEW DELHI 110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 3:THE ELECTION COMMISSION OF INDIA NIRVACHAN BHAWAN ASHOK ROAD NEW DELHI-110001 4:THE STATE CO ORDINATOR NATIONAL REGISTER OF CITIZENS NRC ASSAM BHANGAGARH Page No.# 2/5 GUWAHATI-781005 5:THE SUPERINTENDENT OF POLICE B BARPETA DIST.-BARPETA ASSAM PIN78130 Advocate for the Petitioner : MR. S AHMED, MR. T UDDIN,MR. A S AHMED Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 19.08.2026 (K.R. Surana, J) Heard Mr. S. Ahmed, learned counsel for the petitioner. Also heard Ms. S. Bhattacharjya, learned CGC; Mr. G. Sarma, learned standing counsel for the Border & FT matters; Ms. S. Katakey, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Senior Advocate for the State respondent. 2. The case of the petitioner is that vide order dated 23.04.2026, the evidence of DW-3 was closed and, on the prayer made on behalf of the petitioner, an opportunity was granted to examine the Lat Mandal as a witness. Accordingly, while directing the petitioner to take necessary steps, the matter was fixed on 17.06.2026 for examination of the Lat Mandal. 3. On 17.06.2026, the son of the petitioner filed a petition, inter alia, stating that the Lat Mandal could not appear as he had received the summons at short notice. The learned Tribunal adjourned the matter and fixed 02.07.2026 Page No.# 3/5 for examination of the Lat Mandal as a last opportunity. On 02.07.2026, as the petitioner failed to produce the Lat Mandal for examination and sought a further date, the learned Tribunal rejected the prayer for adjournment and closed the evidence of the Lat Mandal. 4. Accordingly, by filing the present writ petition under Article 226 of the Constitution of India, the petitioner has assailed the order dated 02.07.2026 passed by the learned Member, Foreigners Tribunal-1, Barpeta, in FT Case No. 1395/2018, whereby the evidence of the Lat Mandal was closed. 5. The learned Standing Counsel for the Border and FT matters opposes the prayer made in the writ petition by submitting that the petitioner has been able to prolong the proceedings beyond the period envisaged under Paragraph 3(14) of the Foreigners (Tribunals) Order, 1964. 6. In the present case, the petitioner is not found to have taken necessary steps at the initial stage when the matter was fixed for evidence for summoning all the witnesses on whom reliance was sought to be placed. It appears from the order-sheet annexed to the additional affidavit filed by the petitioner that after the evidence of one witness was recorded, the petitioner made a prayer for producing another witness. In the considered opinion of the Court, such a course cannot ordinarily be permitted, as the petitioner is required to take necessary steps for summoning all the witnesses on whom reliance is sought to be placed. Moreover, in view of the period prescribed under Paragraph 3(14) of the Foreigners (Tribunals) Order, 1964, prolongation of the proceedings cannot be countenanced. Page No.# 4/5 7. Be that as it may, having regard to the fact that the citizenship of the petitioner is in question and that the consequence of such determination is of considerable importance, this Court is inclined to grant one final opportunity to the petitioner. Accordingly, the order dated 02.07.2026 passed by the learned Member, Foreigners Tribunal-1, Barpeta, is set aside, without finding any infirmity with the said order. 8. A last opportunity is granted to the petitioner to produce all the witnesses on whom reliance is sought to be placed, including the Lat Mandal, on the next date of the proceedings to be fixed by the learned Tribunal, without seeking any further adjournment. 9. The petitioner, duly represented by her learned counsel, shall appear before the learned Tribunal on or before 18.09.2026, on which date all necessary steps for production of all the witnesses shall be taken. 10. Having regard to the default on the part of the petitioner in taking timely steps for examination of the witnesses, a cost of Rs.2,000/- (Rupees two thousand only) is imposed upon the petitioner, which shall be deposited before the Member Secretary, District Legal Services Authority, Barpeta. The acknowledgement of receipt of the said cost shall be produced before the learned Tribunal on the date of appearance fixed hereunder. 11. It is made clear that as this order is being passed in the presence of the learned counsel for the petitioner, it shall not be necessary for the learned Tribunal to issue any separate notice to the petitioner for her appearance. Therefore, if the petitioner does not appear on the date fixed, the learned Page No.# 5/5 Tribunal shall proceed in accordance with law. 12. The writ petition is accordingly allowed in the aforesaid terms, subject to payment of the cost as indicated above. JUDGE JUDGE Comparing Assistant