BAHATAN NESSA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Monowar Hussain, learned counsel for the petitioner and Ms. Anita Verma, learned Standing Counsel, Home Department, Assam for the respondent Nos. 2 and 4. Also heard Mr. Prem Sharma, learned Additional Senior Government Advocate, Assam for the respondent No.3 as well as Mr. H. Kuli, learned counsel on behalf of Md. Akram Imtiaz Ali, learned Standing counsel, Election Commission of India for the respondent No.5.

(2.) Aggrieved with the Final Order dtd. 10/11/2023 passed by learned Member, Foreigners Tribunal, 5th, Barpeta, Assam in Case No. F.T.(5th) 319/2017by whichshe has been declared to be a foreigner of post 1971 stream, the petitioner has filed this writ petition praying, amongst others, for issuance of Writ of Certiorari to set aside the said Final Order dtd. 10/11/2023and also to issue Writ in the nature of Mandamus directing the respondents not to deport her from India.

(3.) By order dtd. 19/1/2024 the Court called for the records of said Case No. F.T.(5th) 319/2017 from the Foreigners Tribunal, 5th, Barpeta, Assam and in the interim, directed the respondents not to take the petitioner in custody and deport her from India and further, granted her interim bail, directing her to appear before the Superintendent of Police (Border), Barpetaon or before 2/2/2024.