JAHANARA KHATOON Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. S. Tapader, learned counsel for the petitioner and Mr. K. K. Parasar, learned Central Government Counsel for the respondent No. 1. Also heard Mr. J. Payeng, learned Standing Counsel, Home and Political Department, Assam for the respondent Nos. 2, 3, 5, 6, 7, 9; Mr. P. Sharma, learned Additional Senior Government Advocate, Assam for the respondent No. 4 and Mr. A. I. Ali, learned Standing Counsel, Election Commission of India for the respondent No. 8.

(2.) The petitioner has filed this petition on 25/1/2017 praying amongst others, to set aside and quash all and entire proceeding of Foreigners' Tribunal Case No. F.T.C. (6) 331/2016 initiated against her under the Foreigners Act, 1946, pending before the learned Member, Foreigners' Tribunal No.6, Sonitpur, Tezpur, Assam submitting that in an earlier proceeding under the Foreigners Act, 1946 that commenced on the reference made by the Superintendent of Police (Border), Sonitpur, Tezpur in S.P. Case No. 16/15, the learned Member, Foreigners' Tribunal, 2nd, Sonitpur, Tezpur by order dtd. 26/5/2015 passed in F.T. Case No. 27/2015 opined that the petitioner is not a foreigner.

(3.) The petitioner contended that on another reference being made by the Superintendent of Police (Border), Sonitpur, Tezpur, the learned Member, Foreigners' Tribunal No.6, Tezpur at Sootea, initiated a fresh proceeding under the Foreigners Act, 1946 by registering the Case No. F.T.C. (6) 331/2016, wherein notice was issued to her, which she received on 12/4/2016.