Md. Sekandar Ali @ Secondar Ali vs The Union Of India And 7 Ors
2021 Latest Caselaw 430 Gua

                                                                     Page No.# 1/3

GAHC010019302021




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/774/2021

         MD. SEKANDAR ALI @ SECONDAR ALI
         S/O- LT. ABDUL LATIF, VILL- BALAJAN, P.O. BALAJAN, P.S. BAGHBAR,
         DIST.- BARPETA, ASSAM, PIN- 781308



         VERSUS

         THE UNION OF INDIA AND 7 ORS.
         REP. BY THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-
         01

         2:THE STATE OF ASSAM
          REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
          HOME DEPTT.
          DISPUR
          GHY-06

         3:THE DY. COMMISSIONER
          BARPETA
         ASSAM
          PIN- 781301

         4:THE DIRECTOR GENERAL OF POLICE
         ASSAM
          ULUBARI
          GHY-07

         5:THE SUPERINTENDENT OF POLICE (B)
          BARPETA
         ASSAM
          PIN- 781301

         6:THE FOREIGNERS TRIBUNAL NO. 10TH
                                                                                    Page No.# 2/3

             BARPETA
             DIST.- BARPETA
             ASSAM
             PIN- 781301

            7:THE CHIEF ELECTION COMMISSIONER OF INDIA
             NEW DELHI-01

            8:THE STATE CO-ORDINATOR
             NRC
            ASSAM
             BHANGAGARH
             GHY-0

Advocate for the Petitioner   : MR. D P CHALIHA

Advocate for the Respondent : ASSTT.S.G.I.




                                    BEFORE
                    HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA


                                             ORDER

Date : 08-02-2021 [N. Kotiswar Singh] Heard Mr. D.P. Chaliha, learned senior counsel for the petitioner. Also heard Mr. J. Payeng, learned Standing Counsel for the respondents.

Considering the nature of the case, we are of the view that the matter can be disposed of at an early stage without calling for the case record.

It appears that the petitioner had filed a photocopy of the judgment passed by the Foreigners Tribunal in case No. FT Case No. 144/2002 wherein his status of the citizenship has also been determined as Indian citizen. However, the Foreigners Tribunal No. 10 th did not accept the same as it was merely a photocopy and, as such, not admissible in evidence. It is submitted that the petitioner will be able to submit the certified copy.

Accordingly, the petitioner is directed to submit a certified copy before the Tribunal. As far as the second issue raised by the learned counsel for the petitioner that the Tribunal also had referred to decision of this Court in Md. Anowar Ali and Ors -vs- State of Page No.# 3/3

Assam reported in 2014 (3) GLT 500, which according to the learned counsel for the petitioner, overruled by the Hon'ble Supreme Court in the case of Abdul Kuddush -vs- Union of Indian and Ors. reported in (2019) 6 SCC 604 holding that Res-Judicata also is applicable.

We are of the view that all these issues can be taken up as preliminary issues by the learned Foreigners Tribunal No. 10th before proceeding or recording of the evidence.

Accordingly, we allow this petition with the observation that the Foreigners Tribunal No. 10th will decide the aforesaid issues first, before proceeding with the matter.

With the above observations, this writ petition is disposed of. Accordingly, the impugned order dated 28-12-2020 shall be revisited by the Foreigners Tribunal No. 10th in terms of the order or the directions of this Court.

JUDGE

Comparing Assistant