Gauhati High Court
WP(C)/2763/2023 of HELENA BEGUM Vs THE UNION OF INDIA AND 5 ORS. on 13 September 2026
GAHC010102332023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2763/2023 HELENA BEGUM D/O MATLIB HUSSAIN AND HASEN BEGUM @ HASENI BANU, VILL AND P.O. AND P.S.-JAJORI, DIST-NAGAON, ASSAM, PIN-782142 VERSUS THE UNION OF INDIA AND 5
GAHC010102332023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2763/2023
HELENA BEGUM
D/O MATLIB HUSSAIN AND HASEN BEGUM @ HASENI BANU, VILL AND
P.O. AND P.S.-JAJORI, DIST-NAGAON, ASSAM, PIN-782142
VERSUS
THE UNION OF INDIA AND 5 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY
OF HOME AFFAIRS, NEW DELHI-110001
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
HOME DEPARTMENT
DISPUR
GHY-6
3:THE ELECTION COMMISSION OF INDIA
NEW DELHI-110001
4:THE STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS
ASSAM
GUWAHATI-781005
5:THE DEPUTY COMMISSIONER
NAGAON, DIST-NAGAON
6:THE SUPERINTENDENT OF POLICE (B)
NAGAON, DIST-NAGAO
Advocate for the Petitioner : MR F U BARBHUIYA, MS S DAS
Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, F.T,SC, ECI,SC, NRC
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
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ORDER
14.09.2026 (S. K. Medhi, J) Heard Shri H. Ali, learned counsel appearing on instructions of Shri F. U. Barbhuiya, learned counsel for the petitioner. Also heard Shri A. K. Dutta, learned CGC; Shri N. Kalita, learned counsel appearing on behalf of Shri A. I. Ali, learned Standing Counsel, ECI; Shri G. Sarma, learned Standing Counsel, Home Department & NRC; Shri P. Sarma, learned Addl. Senior Govt. Advocate. The present petition under Article 226 of the Constitution of India was instituted against the opinion dated 26.10.2022 passed by the learned Member, Foreigners’ Tribunal, 1st Nagaon in FT Case No. 62/2018 arising out of SP(B) Reference Case No. 08/2018 declaring the petitioner as a foreigner of post 25.03.1971. The learned counsel for the petitioner has however informed this Court that instruction has been received that the petitioner has passed away on 16.11.2025. We are of the view that after such passing away, the present challenge would be mere academic in nature and therefore there is no requirement for further adjudication. The learned counsel for the petitioner has however expressed an apprehension regarding the other family members. We make it clear that the impugned opinion shall not be the sole basis for declaring the other members as foreigners in absence of any specific reference as held by this Court in a number of cases including the case of Sudhir Kr. Roy Vs Union of India reported in
2019 (1) GLT 353. Writ petition is accordingly closed.
JUDGE JUDGE Comparing Assistant