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2019 DIGILAW 195 (GAU)

TEJIRON NESSA v. UNION OF INDIA

2019-02-13

ACHINTYA MALLA BUJOR BARUA, AJIT BORTHAKUR

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JUDGMENT : ACHINTYA MALLA BUJOR BARUA, J. 1. Heard Mr. A. Ali, learned counsel for the petitioner. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and Mr. A. Kalita, learned counsel for the State of Assam appearing for the Foreigners' Tribunal and Border Areas, 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. On being referred by the Superintendent of Police (B), Barpeta, F.T. Case No. 426/2015 was registered against the petitioner. The petitioner appeared and filed her written statement taking a stand that her father is Joynal Mia whose name appeared in the voter list of 1966 and 1970 of village Ranirpam under Baghbor LAC. 3. In order to substantiate the aforesaid stand taken in the written statement, the petitioner desires to produce certain documents, which according to the petitioner would be relevant for the purpose and accordingly submitted an application under Order 8, Rule 9 read with Section 151 of the Code of Civil Procedure with a prayer that she be allowed to file an additional written statement and bringing on record such additional documents. The additional documents which the petitioner intends to bring on record are mentioned in paragraphs 6 & 7 of the writ petition, namely the certified copy of the voter list of 1985, 1997, 2010 & 2014 pertaining to village Ranirpam. 4. The said application of the petitioner was rejected by the order dated 24.09.2018 on the ground that a new plea is sought to be taken by filing an additional written statement and that the evidence of the petitioner was also adduced about 21 months back. 5. We are of the view that the interest of justice would be met if the petitioner is allowed to bring on record the aforementioned documents inasmuch as a stand thereof was already taken by the petitioner in the written statement and such documents are required to establish a link with the voter list of 1966 and 1970. As additional documents are sought to be exhibited by the petitioner, for the limited extent, the petitioner be also allowed to re-examine herself but subject to the limit of exhibiting the aforementioned documents. As additional documents are sought to be exhibited by the petitioner, for the limited extent, the petitioner be also allowed to re-examine herself but subject to the limit of exhibiting the aforementioned documents. In view of the above, the order dated 24.09.2018 of the Foreigners Tribunal No.6, Barpeta is interfered to the extent indicated above. 6. The petitioner shall appear before the Tribunal on 28.02.2019 along with the copy of the additional written statement and the certified copies of the aforementioned document which he would like to exhibit. 7. Upon exhibition of the aforementioned document, the Tribunal shall give its final consideration within a period of 30 days thereafter. 8. In terms of the above, the writ petition stands allowed to the extent indicated above.