Page No.# 1/4 GAHC010210082019 2026:GAU-AS:5689 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7546/2019 JAHANARA BEGUM D/O. ABDUL MOTALIB, W/O. HURMUJ ALI, VILL. BAGARIGURI, P.O. AND P.S. JURIA, DIST. NAGAON, ASSAM, PIN-782124. VERSUS THE UNION OF INDIA AND 5 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA, DEPTT. OF HOME AFFAIRS, NEW DELHI-110001. 2:THE ELECTION COMMISSION OF INDIA NEW DELHI-110001. 3:THE STATE OF ASSAM REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM HOME AND POLITICAL (B) DEPTT. DISPUR GUWAHATI-781006. 4:THE STATE CO-ORDINATOR NATIONAL REGISTRATION (NRC) ASSAM BHANGAGARH GUWAHATI-781005. 5:THE DY. COMMISSIONER NAGAON DIST. NAGAON PIN-782001. Page No.# 2/4 6:THE SUPDT. OF POLICE (B) NAGAON ASSAM PIN-782001 Advocate for the Petitioner : MR. S BHUYAN, Advocate for the Respondent : ASSTT.S.G.I., SC, NRC,SC, ECI,SC, F.T BEFORE HON’BLE MR. JUSTICE KALYAN RAI SURANA HON’BLE MRS. JUSTICE SHAMIMA JAHAN 24.04.2026 (Kalyan Rai Surana, J.) None appears on call by the petitioner. 2. Also heard Mr. S. K. Medhi, learned CGC, appearing on behalf of the Union of India; Mr. A. I. Ali, learned Standing Counsel for the ECI, Mr P. Sarmah, learned Additional Senior Government Advocate, Assam, and Mr. G. Sarma, learned Standing Counsel for the FT, Border matters and NRC. 3. By filing this writ petition under Article 226 of the Constitution of India, the petitioner namely, Musstt. Jahanara Begum, has assailed the impugned opinion dated 07.06.2019, passed by the learned Member, Foreigners’ Tribunal 4th, Nagaon, Juria (Assam) in FT Case No. 312/2016, corresponding to Police Reference ‘D’ Case No. 125/98, by the petitioner was declared to be a foreigner of post-25.03.1971 stream. 4. In view of the order which is proposed to be passed, there is no necessity of discussing the pleadings and evidence on record. It is suffice to mention that Page No.# 3/4 the petitioner had examined 4 (four) witnesses; herself as O.P. No. 1, one Abu Hanifa as D.W.2, Mustakim Ali as D.W.3 and Md. Harjul Haque as O.P.No. 4. However, in the impugned opinion, the learned Tribunal had referred to the evidence of only the petitioner and the discussions were related to the Exhibit Nos. 1 to 6, however, there is no discussion on the evidence of O.P.W.2, O.P.W.3 and O.P.W.4. In the considered opinion of the Court, the lack of discussion on the evidence of 3 (three) O.P.W.s, vitiates the impugned opinion dated 07.06.2019. 5. However, it may be mentioned that the learned Standing Counsel for the FT and Border matters has made his submissions in support of the impugned opinion. Nonetheless, as there is no discussion on 3 (three) out of 4 (four) O.P.W.s examined by the petitioner, the unhesitant opinion of the Court is that the non-discussion of the evidence of 3 (three) O.P.W.s, vitiates the opinion dated 07.06.2019. 6. Accordingly, this Court has no hesitation to set aside the said impugned opinion dated 07.06.2019, passed by the learned Member, Foreigners’ Tribunal 4th, Nagaon, Juria (Assam) in FT Case No. 312/2016, corresponding to Police Reference ‘D’ Case No. 125/98. 7. Resultantly, the matter is remanded back for a fresh decision by the learned Foreigners’ Tribunal, after considering all the evidence and materials on record. 8. As the petitioner was unrepresented before this Court when the matter was previously listed on 07.04.2026 and 22.04.2026, and the petitioner is also Page No.# 4/4 unrepresented today, the Court is inclined to provide that on commencement of the proceedings before the learned Foreigners’ Tribunal, the learned Tribunal shall made an endeavour to serve notice of appearance on the respondent, in such manner as it may be deemed appropriate. It is needless to say that the service of notice shall be in accordance relevant provisions of the Foreigners’ (Tribunals) Order, 1964. 9. Registry shall back the records to the concerned learned Tribunal as expeditiously as possible. 10. Writ petition stands allowed to the extent as indicated above. 11. There shall be no order as to cost(s). JUDGE JUDGE Comparing Assistant