LAWS(SC)-2017-12-13

RUPAJAN BEGUM Vs. UNION OF INDIA

Decided On December 05, 2017
Rupajan Begum Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Special Leave Petition (Civil) No.16441 of 2017

(2.) Leave granted in Special Leave Petition (Civil) Nos.13256/2017, 13259/2017, 13260/2017, 13258/2017, 12647/2017, 13257/2017 and 28935/2017.

(3.) The challenge in this group of appeals is to an order of the Gauhati High Court dated 28th February, 2017 by which document No.xiii (i.e. Certificate issued by the Secretary of the Village Panchayat and countersigned by the local revenue official in respect of females who have migrated to other villages after marriage or such certificates issued by jurisdictional circle officers in respect of urban areas) mentioned in the 'illustrative list of documents admissible' as a supporting document has been held by the High Court to be invalid in law and hence of no effect in the process of verification of claims for inclusion in the NRC. The High Court had passed the aforesaid order in a writ proceeding [i.e. Writ Petition (Civil) No.2634 of 2016 (Monowara Bewa @ Manora Bewa v. The Union of India and Ors.)] wherein the validity of an order of the Foreigners Tribunal holding the writ petitioner - Monowara Bewa @ Manora Bewa to be a foreigner was in question. The High Court found the contentions advanced in the writ petition to be without any merit and substance and the order of the Tribunal, on the materials before it, holding the writ petitioner - Monowara Bewa @ Manora Bewa to be a foreigner to be justified in law.