Gauhati High Court
WP(C)/7890/2022 of MUSSTT NUR BHANU BEGUM @ SMT. NUR BHANU NESSA Vs UNION OF INDIA AND 5 ORS on 6 September 2026
GAHC010236002022 2026:GAU-AS:12991-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7890/2022 MUSSTT NUR BHANU BEGUM @ SMT. NUR BHANU NESSA W/O. LT. MONSER ALI, VILL. MAYRAKUCHI PT-I, P.S. SOUTH SALMARA, DIST. DHUBRI (NOW SOUTH SALMARA),
GAHC010236002022
2026:GAU-AS:12991-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7890/2022
MUSSTT NUR BHANU BEGUM @ SMT. NUR BHANU NESSA
W/O. LT. MONSER ALI, VILL. MAYRAKUCHI PT-I, P.S. SOUTH SALMARA, DIST. DHUBRI (NOW SOUTH SALMARA), ASSAM, PIN-783127.
VERSUS
UNION OF INDIA AND 5 ORS
TO BE REP. BY SECY. O THE GOVT. OF INDIA, HOME DEPTT., NORTH
BLOCK, NEW DELHI, PIN-110001.
2:THE STATE OF ASSAM
TO BE REP. BY COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GUWAHATI-06.
3:SUPDT. OF POLICE (B)
DHUBRI
ASSAM
PIN-783301.
4:SUPDT. OF POLICE (B)
JORHAT
ASSAM
PIN-785001.
5:STATE CO-ORDINATOR NRC
ASSAM
ACHYUT PLAZA
BHANGAGARH
GUWAHATI-05.
6:THE ELECTION COMMISSION OF INDIA
NEW DELHI
PIN-110001
Advocate for the Petitioner : MR. N H MAZARBHUIYAN, MR. M H SAIKIA,MS. L WAJEEDA
Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, F.T,SC, ECI,SC, NRC
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
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ORDER
Date : 07.09.2026 (K.R. Surana, J) Heard Mr. I.H. Mazarbhuiyan, learned counsel appearing on instructions for the learned counsel for the petitioner. Also heard Mr. A. Verma, learned standing counsel for the FT and Border matters; Mr. A.I. Ali, learned standing counsel for the ECi and Mr. B. Deka, learned CGC and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate.
2. By filing this writ petition under Article 226 of the Constitution, the petitioner who is the proceedee in Case No. F.T./SVR/365/2012, pending before the learned Member, Foreigners Tribunal, Jorhat has prayed for quashing of the proceedings or for directing the proceeding to be transferred to the district wherein the petitioner resides, which is now South Salmara.
3. The learned counsel for the petitioner has submitted that the petitioner is a resident of South Salmara district but the proceeding has been registered at Jorhat, which is at a distance of about 1000 KMs from the place of residence of the petitioner. It is projected that she is old, ailing and extremely poor, who was earlier working as a maid servant and now living at the mercy of others. Accordingly, it is stated that she is not in a position to defend herself in a Tribunal which is too far away from her native place.
4. The learned standing counsel for the FT and Border matters has opposed the prayer by citing the decision of the Full Bench of this Court in the case of Makibur Rahman Vs. Union of India and Ors., 2024 (3) GLT 7, wherein this Court had laid down that proceedings would be transferred only on exceptional cases as mentioned therein.
5. In so far as the projection to the effect that the petitioner is old and ailing, there are no documents to substantiate the same, on the contrary, the age of the petitioner as disclosed in the affidavit sworn on 16.11.2022 is 44 years.
6. Therefore, in light of the decision in the case of Makibur Rahman (supra), no case is made out by the petitioner for transfer of the proceedings from Jorhat to South Salmara district. Moreover, as a reference has been validly made before the Tribunal having jurisdiction, no case has been made out by the petitioner to quash the proceeding, because a reference, having been validly made, has to be answered by the learned Foreigners Tribunal.
7. Be that as it may, considering the projection that the petitioner has financial constraints and she has to travel nearly 1000 kms to attend the proceedings, the Court is inclined to provide that in the event prayer for exemption from personal appearance is made, the learned Member, Foreigners Tribunal, Jorhat shall consider such a prayer sympathetically. Moreover, the petitioner would have the liberty to move the District Legal Services Authority, Jorhat for providing legal aid to the petitioner on being satisfied that she is entitled to free legal aid.
8. Accordingly, it is provided that on production of certified copy of the order, the District Legal Services Authority, Jorhat shall consider the matter and take a decision as to whether or not the petitioner would be entitled to free legal aid.
9. On a perusal of Tribunals records, it appears that the petitioner has already filed her written statement along with supporting documents and she has also filed her evidence-on-affidavit by 2 (two) witnesses including herself. Therefore, in order to avoid repetitive travel, the petitioner shall also produce on date of appearance both the witnesses so that the cross-examination of DW-1 and DW-2 can be recorded on the same date.
10. With the aforesaid directions, the writ petition is disposed of.
11. Interim order dated 07.12.2022, thereby suspending the proceedings of Case No. F.T./SVR/365/2012, pending before the learned Member, Foreigners Tribunal, Jorhat stands vacated.
12. The petitioner, who is duly represented by her learned counsel, is directed to appear before the learned Tribunal on or before 01.10.2026 and by producing a certified copy of this order, await for orders that may be passed by the learned Tribunal.
13. The Registry shall return back the Tribunals records expeditiously along with a copy of this order to made a part of record by the said learned Tribunal.
JUDGE JUDGE Comparing Assistant