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2026 DAILYLAW 9141 (GAU)

SHUKURJAN BEGUM ALIAS MUSSTT SUKURJAN v. THE UNION OF INDIA

I.A.(Civil)/1468/2026 · 2026-06-23

Kalyan Rai Surana, Shamima Jahan

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/5 GAHC010083382026 2026:GAU-AS:9190- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1468/2026 SHUKURJAN BEGUM ALIAS MUSSTT SUKURJAN WIFE OF LAL MIYA, D/O LT CHAND MAHAMMAD ALIAS CHANDU MIYA, R/O VILLAGE DIGOLIPATHAR, MATIKHOLA GAON, BORPATHAR, GOLAGHAT, ASSAAM VERSUS THE UNION OF INDIA REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI-110001. 2:THE ELECTION COMMISSION OF INDIA NEW DELHI 3:THE STATE OF ASSAM REPRESENTED BY THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI 4:THE ASSAM STATE CO ORDINATOR OF NRC BHANGAGARH GUWAHATI 5:THE DISTRICT COMMISSIONER GOLAGHAT ASSAM 6:THE SUPERINTENDENT OF POLICE (BORDER) GOLAGHAT ASSA Page No.# 2/5 Advocate for the Petitioner : MR. S A AHMED, MS. K DAS,MR. F A AHMED 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 SHAMIMA JAHAN ORDER Date : 24.06.2026 (K.R. Surana, J) Heard Mr. S.A. Ahmed, learned counsel for the applicant. All the respondents are represented. 2. This Court by an order dated 09.03.2026 in WP(C)/7103/2025, allowing the writ petition permitted the petitioner who was already taken into custody on 25.05.2025, due to an ex parte opinion dated 23.12.2024, passed by the learned Member, Foreigners Tribunal, Jorhat, Assam, the opportunity to file an application under Order 3-C of the Foreigners (Tribunals) Order, 1964. Accordingly, the paragraph nos. 6, 7 and 8 of the said order dated 09.03.2026 are extracted hereinbelow:- “6. In the considered opinion of the Court, without entering into the merit of the reasoned assigned, as the petitioner was taken into custody on 25.05.2025 pursuant to the ex parte opinion, and as the petitioner as well as her husband admit receipt of the notice and also admit the default on the part of the petitioner in contesting the proceedings, the Court is inclined to grant the petitioner an opportunity to file an application under Order 3-C of the Foreigners (Tribunals) Order, 1964. Accordingly, it is provided that in the event the petitioner files such an application within a period of 30 (thirty) days from the date of this order under Order 3-C of the Foreigners (Tribunals) Order, 1964, notwithstanding the period of delay prescribed therein, the learned Tribunal shall entertain the said application and pass appropriate orders in accordance with law. Page No.# 3/5 7. If the review application and/ or any other petition supported by affidavit is authenticated by the Superintendent of the Transit Camp at Matia, Goalpara, the same shall be accepted by the learned Member, Foreigners’ Tribunal, Jorhat by taking note of the fact that the petitioner has been taken into custody. 8. It is also provided that upon filing of such application under Order 3-C of the Foreigners (Tribunals) Order, 1964, it would be open to the petitioner to pray for bail, and the learned Tribunal shall pass appropriate orders as deemed fit and proper.” 3. It is projected in this interlocutory application that the application was made ready and the husband of the applicant went to the Transit Camp at Matia, Goalpara for authentication of the application and affidavit by the Superintendent, the Superintendent of Transit Camp, Matia, Goalpara is requested to authenticate the said petition and affidavit etc. and accordingly, by filing this interlocutory application the applicant has prayed for a direction to the Superintendent of Transit Camp, Matia, Goalpara to authenticate the review application and any other petition or affidavit in support of the said application. 4. Having heard the learned standing counsel for the FT and Border matters, we take note of the fact that paragraph no.7 of the order dated 09.03.2026, passed in WP(C)/7103/2025, this Court had observed that if an authenticated copy of the review petition or any other petition supported by affidavit is authenticated by the Superintendent of Transit Camp, Matia, Goalpara, the same shall be accepted by the learned Member, Foreigners Tribunal, Jorhat. Accordingly, it is apparent that the Court wanted the applications to be authenticated by the Superintendent of Transit Camp, Matia, Goalpara. 5. Accordingly, the Court is inclined to direct the Superintendent of Page No.# 4/5 Transit Camp, Matia, Goalpara that if any application including a review application and affidavit in support of the said applications is brought by the family members of the applicant before the said authority, the said authority shall have the said applications including the affidavit signed by the applicant and those shall be attested/ authenticated by the Superintendent of Transit Camp, Matia, Goalpara. 6. In the event if there is any procedural difficulty on the part of the Superintendent of Transit Camp, Matia, Goalpara to authenticate the said application or affidavits, the said authority shall transport the applicant, namely, Shukurjan Begum @ Musstt. Sukurjan, who is now an internee in the Transit Camp, Matia, Goalpara, to the learned Foreigners Tribunal, Jorhat as well as to the nearest Notary to have the petitions and affidavits sworn before the said authority so as to enable the applicant to present the review petition and/ or any other petition before the said learned Tribunal and to bring her back. 7. The time for presentation of the review petition under Order 3-C of the Foreigners (Tribunals) Order, 1964 before the said learned Tribunal stands extended by a period of further 30 (thirty) days from the production of the certified copy of the order before the Superintendent, Transit Camp, Matia, Goalpara. 8. The family members of the applicant shall cause production of a certified copy of the Superintendent of Transit Camp, Matia, Goalpara for compliance. 9. We also request the learned standing counsel for the FT and Border Page No.# 5/5 matters to transmit a downloaded copy of the order to the said authority for doing the needful. 10. This I.A. stands allowed and disposed of. JUDGE JUDGE Comparing Assistant