BINA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. MU Mondal, learned counsel for the petitioner, Mr. A Ali, learned counsel for the Election Commission of India, Mr. A. Kalita, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border Affairs, Ms. A Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.

(2.) The petitioner was referred by the Superintendent of Police (Border), Dhubri resulting in the registration of FT Case No.2889/K/1987 before the Foreigners Tribunal at Dhubri. The petitioner upon receipt of notice, entered appearance, but had neither submitted any written statement nor adduced any evidence. In the circumstance, the Tribunal by the order dated 11.06.1996 had declared her to be a foreigner who had entered Assam between 01.01.1966 and 25.03.1971. But as required under the law, the petitioner had not registered herself and had in turn preferred a writ petition being Civil Rule No.2131/1998 before this Court, wherein by the order dated 08.05.1998, the petitioner was required to get herself registered with the Foreigners Regional Registration Officer at Kokrajhar.

(3.) In spite of being so allowed, the petitioner did not register herself, resulting in a situation where she is now liable to be deported. In the circumstance, the petitioner now approaches the Foreigners Regional Registration Officer at Kokrajhar for registering herself. But the authorities taken a stand that as there is a huge delay since the date of the declaration by the Tribunal, her registration in the present form cannot be allowed. In the circumstance, the present writ petition has been preferred.