KITABJAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Ms. P. Baruah, learned counsel appearing on behalf of Mr. S.C. Keyal, learned Assistant Solicitor General of India and so also Mr. B.J. Ghosh, learned State counsel.

(2.) This writ petition has been filed with falsification of truth and abusing the process of law. On that score alone, the writ petition is liable to be dismissed.

(3.) The challenge in the writ petition is the final order dated 21st March, 2003 of the Foreigners Tribunal, Nagaon in F.T. Case No.2148/1988 (State Vs. Musstt. Marbanu & Ors.), by which the petitioner, namely, Mustt. Kitabjan, alongwith Md. Mona Hussain and Musstt. Chamuza Khatoon, were declared to be foreigners of 1st January, 1966 to 25th March, 1971 stream. So far as the other proceedees are concerned, namely, (1) Musstt. Marbanu; (2) Md. Nur Hussain; (3) Md. Nur Islam; (4) Md. Jamir Hussain; (5) Md. Minul Hussain and (6) Md. Makbul Hussain, were not found to be foreigners within said stream. In terms of the directions contained in the impugned order, the petitioner was to register her name with the Registering Authority at Nagaon within 2(two) months. Admittedly, she has not registered her name till date. In the meantime, she has been taken into custody and presently said to be at the Detention Camp at Kokrajhar.