Page No.# 1/4 GAHC010216672019 2026:GAU-AS:9114 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6734/2019 JAYMALA SARKAR @ JOY MALA MONDAL W/O- SRIDAM SARKAR, R/O- VILL- JUNGTHANG, P.S. KACHUA, IN THE DISTRICT OF NAGAON, ASSAM VERSUS THE UNION OF INDIA AND 5 ORS. REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS SHASTRI BHAWAN TILAK MARG, NEW DELHI 2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. HOME DEPTT. DISPUR GHY-06 3:THE STATE CO-ORDINATOR OFFICE OF THE STATE CO-ORDINATOR NRC ASSAM 1ST FLOOR ACHYUT PLAZA GS ROAD BHANGAGARH GHY-5 4:THE ELECTION COMMISSIONER OF INDIA ASHOKA ROAD NEW DELHI- 110001 5:THE SUPERINTENDENT OF POLICE (B) NAGAON ASSAM Page No.# 2/4 6:THE OFFICER-IN-CHARGE KACHUA P.S. ASSA Advocate for the Petitioner : MR. M KALITA, MR. J HATIMURIA Advocate for the Respondent : ASSTT.S.G.I., SC, ELECTION COMMISSION.,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 23.06.2026 (K. R. Surana, J) Heard Mr. J. Hatimuria, learned counsel for the petitioner and Mr. A. K. Dutta, learned CGC. Also heard Mr. A. I. Ali, learned Standing Counsel, ECI; Mr. J. Payeng, learned Standing Counsel, FT & Border matters and Ms. R. B. Bora, learned Junior Government Advocate, Assam. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Jaymala Sarkar @ Joy Mala Mondal, has assailed the ex parte opinion dated 22.07.2016, passed by the learned Member, Foreigners Tribunal (2nd), Nagaon in F.T. Case No. 1812/2011, arising out of S.P. Case No. 986/98, by which the petitioner was declared to be foreigner who has entered from Bangladesh on or after 25.03.1971. 3. The prayer for interference with the impugned opinion is opposed by the learned Standing Counsel for the F.T. and Border matters on the ground that the notice was duly served to the petitioner, but she did not appear and contest the proceedings and moreover, the opinion has been assailed after about 3 (three) Page No.# 3/4 years. 4. On a perusal of the records, it appears that the mother of the petitioner had made an application for migration into India, wherein, she had disclosed that the present petitioner was aged 2 (two) years and was a dependant. 5. The said application was made on 24.08.1962 before the Deputy High Commissioner, Dacca and accordingly, the said authority had issued a Migration Certificate dated 24.08.1962, under ‘Form-19’, bearing CR-022924, in favour of Mrs. Alay Bala Mondal and her daughter, namely, Jaymala Sarkar @ Joy Mala Mondal, then aged 2 (two) years, as dependant. 6. In view of the said Migration Certificate, the Court is of the considered opinion that the petitioner deserves a chance to contest the proceedings. 7. Accordingly, the Court is inclined to set aside the impugned ex parte impugned opinion dated 22.07.2016, passed by the learned Member, Foreigners Tribunal (2nd), Nagaon in F.T. Case No. 1812/2011, arising out of S.P. Case No. 986/98. 8. The matter stands remanded back to the said learned Tribunal for a fresh decision, after giving an opportunity to the petitioner to contest the proceedings. 9. The petitioner, who is duly represented by her learned counsel, shall appear before the learned Member, Foreigners Tribunal (2nd), Nagaon, within the outer time limit of 30.07.2026, and along with a certified copy of this order, she shall also file a written statement of defence. Thereupon, the learned Tribunal shall give the petitioner an opportunity to prove the documents in her support. Page No.# 4/4 10. The said learned Tribunal shall make an endeavor to dispose of the proceedings within the time as prescribed under Order 3 (14) of the Foreigners (Tribunals) Order, 1964, as far as practicable. 11. The Registry shall send back the records to the learned Tribunal, along with a copy of this order, to be made a part of the record by the said learned Tribunal. 12. The petition stands allowed to the extent as indicated hereinabove, by remanding back the matter to the said learned Tribunal. 13. The parties are left to bear their own costs. JUDGE JUDGE Comparing Assistant