Gauhati High Court
Ajbahar Ali vs The Union Of India And 6 Ors on 8 August, 2022
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GAHC010031192021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./29/2021
AJBAHAR ALI
S/O AJGAR ALI, R/O VILL. KHERO PARA, P.O. CHECHAPANI, P.S. RANGJULI,
DIST. GOALPARA, ASSAM.
VERSUS
THE UNION OF INDIA AND 6 ORS
REPRESENTED BY THE SECY. OF THE MINISTRY OF HOME AFFAIRS,
GOVT. OF INDIA, NEW DELHI 1
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM
HOME DEPTT.
DISPUR
GUWAHATI 6
3:THE ELECTION COMMISSION OF INDIA
NEW DELHI-1
4:THE STATE COORDINATOR OF NRC
ASSAM
DISPUR
GUWAHATI 6
5:THE DEPUTY COMMISSIONER
GOALPARA
DIST. GOALPARA
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ASSAM.
6:THE SUPERINTENDENT OF POLICE (B)
GOALPARA
DIST. GOALPARA
ASSAM.
7:THE OFFICER IN CHARGE
RANGJULI POLICE STATION
GOALPARA
DIST. GOALPARA
ASSAM
Advocate for the Petitioner : MR. M I HUSSAIN
Advocate for the Respondent : ASSTT.S.G.I.
Linked Case : WP(C)/7692/2017
AJBAHAR ALI
S/O LT. AJGAR ALI VILL- KHERO PARA P.O. CHECHAPANI P.S. RANGJULI
DIST. GOALPARA
ASSAM
VERSUS
THE UNION OF INDIA and 4 ORS.
REP. BY THE SECRETARY OF THE MINISTER OF HOME AFFAIRS
GOVT. OF INDIA
NEW DELH-1.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE DEPUTY COMMISSIONER
GOALPARA
DIST. GOALPARA
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ASSAM
4:THE SUPERINTENDENT OF POLCIE B
GOALPARA
DIST. GOALPARA
ASSAM
5:THE OFFICER-IN-CHARGE
RANGJULI POLICE STATION
DIST. GOALPARA
ASSAM
------------
Advocate for : MS.P AHMED
Advocate for : appearing for THE UNION OF INDIA and 4 ORS.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
08-08-2022
(M.R.Pathak, J)
Heard Mr. M I Hussain, learned counsel for the review petitioner and Mr. K Gogoi,
learned CGC for the respondent No. 1. Also heard Mr. A Kalita, learned Standing counsel,
Foreigners' Tribunal for the respondent Nos. 2, 6 & 7; Mr. A I Ali, learned Standing counsel,
Election Commission of India for the respondent No.3; Ms. L Devi, learned Standing counsel,
NRC for the respondent No. 4 and Ms. U Das, learned Government Advocate, Assam for the
respondent No. 5.
The petitioner has preferred this review petition against the judgment and order dated
25.07.2018 passed by a Co-ordinate Bench of this Court in WP(C) No. 7692/2017 upholding
the order/opinion dated 03.02.2012 passed by the learned Member, Foreigners' Tribunal No.
1, Goalpara, Assam in F.T. Case No. 1415/G/2006 (Reference ERO's Case No. 371-83/36),
whereby the petitioner was declared to be an illegal migrant of post 1971 stream.
It is to be noted herein that against the said order of this Court dated 25.07.2018
passed in WP(C) No. 7692/2017, the petitioner earlier preferred Special Leave Petition
(Criminal) Diary No.(s). 30653/2019 before the Hon'ble Apex Court which was dismissed on
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withdrawal by order dated 17.12.2019, granting liberty to the petitioner to file review petition
and the petitioner has preferred this review petition on 16.02.2021.
Call for the LCR of F.T. Case No. 1415/G/2006, disposed of on 03.02.2012 from the
Office of the learned Member, Foreigners' Tribunal No. 1, Goalpara, Assam.
Registry shall this matter for order, on receipt of the relevant LCR, as noted above.
This order be brought to the notice of the Registrar (Judicial).
JUDGE JUDGE
Comparing Assistant
