REJIA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. F.A. Hassan, learned counsel for the petitioner and Ms. L. Devi, learned counsel for the respondents No. 1 and 4, being the Union of India and the State Coordinator of NRC, respectively. Also heard Ms. A. Verma, learned counsel for the respondents No. 2 and 6, being the authorities in the Home Department; Mr. A.I. Ali, learned counsel for the respondent No. 3, being the Election Commission of India and Ms. K. Phukan, learned counsel for the respondent No. 5, being the Deputy Commissioner, Sonitpur.

(2.) The petitioner Rejia Khatun @ Rezia Khatun was referred to the Foreigners' Tribunal No. 1, Sonitpur, Tezpur for rendering an opinion as to whether she is a person who had entered the State of Assam from the specified territory on or after 25/3/1971 and accordingly F.T. Case No. 2854/2012 was registered. The petitioner appeared before the Tribunal and filed a petition dtd. 19/7/2019 making a prayer that the proceeding be dropped as she was declared to be not a foreigner in a prior proceeding as per the final order dtd. 15/2/2018 passed by the Foreigners' Tribunal No. 1, Sontipur, Tezpur in F.T. Case No. 14/2016. Accordingly, the order of the Tribunal in F.T. 14/2016 dtd. 15/2/2018 was placed before the Tribunal.

(3.) Before the Tribunal, the petitioner relied upon the judgment of the Hon'ble Supreme Court in the case of Abdul Kuddus Vs. Union of India and Ors., reported (2019) 6 SCC 604, wherein it was held that the principle of res-judicata would also be applicable in respect of a proceeding under the Foreigners' Tribunal. The Tribunal in the fourth paragraph of its order dtd. 24/12/2019 in F.T. Case No. 2854/2012 took a view that in Abdul Kuddus (supra) , the petitioner therein was declared as a foreigner by the Foreigners' Tribunal which was upheld by the High Court, however as the name appeared in the Draft NRC, therefore there was a contention that the order of the Foreigners' Tribunal declaring him to be a foreigner should be set aside because of the findings of the NRC Authority.