RUKIA BEGUM BARBHUIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. AMS Mazumder, learned counsel for the petitioner. Also heard Mr. D Mozumdar, learned Additional Advocate General, Assam, assisted by Mr. G Sarma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam as well as the Superintendent of Police (B) Cachar, Ms. L Devi, learned CGC for the respondents in the Union of India, as well as for the authorities under the NRC, Mr. AI Ali, learned counsel for the authorities under the Election Commission of India and Ms. U Das, learned Government Advocate for the Deputy Commissioner, Cachar.

(2.) The petitioner Rukia Begum Barbhuiya @ Rukia Begum was referred to the Foreigners Tribunal 4th Cachar Silchar resulting in the registration of F. 4th/D/415/2015. The Tribunal passed an order dtd. 25/1/2019 which is extracted as below:

(3.) A reading of the order dtd. 25/1/2019 goes to show that the Tribunal by following the judgment of this Court rendered in Falani Bibi Vs. Union of India and Ors. dtd. 18/8/2017 passed in WP(C) No.7104/2015 had arrived at its conclusion that the reference itself is faulty and contrary to the materials on record and therefore it be sent back to the referral authority with a disagreement note pointing out the error or fault in the reference. Although the law as understood by the Tribunal as laid down in Falani Bibi (supra) had been quoted and also stated that if the reference is erroneous or faulty it has to be returned back to the referral authority with a disagreement note pointing out the error or fault, but the order dtd. 25/1/2019 does not discern any disagreement note being put up by the Tribunal pointing out as to what was the fault or defect. We have to understand that the laws that may be laid down in any judgments are to be followed only by following the purports of the judgment itself and not merely quote a judgment and in the guise of following the judgment do an act as may be enabled in such judgment. A reading of the order dtd. 25/1/2019 does not reveal that the Tribunal had done the needful of putting up a disagreement note, pointing out the error or fault in the reference and merely because in Falani Bibi (supra), a provision has been made for referring back a judgment to the referral authority, in the instant case also, the Tribunal deemed it appropriate to refer it back to the referring authority.