Md Jahed Ali vs The Union Of India And 6 Ors
2023 Latest Caselaw 407 Gua

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GAHC010018152023




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

                          Case No. : WP(C)/553/2023

         MD JAHED ALI
         S/O - LATE ABDUL KADIR,
         VILL.- PHALIHAMARI,
         P.S.- MAYONG,
         DIST.- MORIGAON, ASSAM.



         VERSUS

         THE UNION OF INDIA AND 6 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

         GUWAHATI-6.

         3:THE ELECTION COMMISSION OF INDIA
          NEW DELHI
          110001.

         4:THE STATE COORDINATOR
          NRC
         ASSAM
         ACHYUT PLAZA

         BHANGAGARH
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             GUWAHATI-5.

             5:THE STANDING COUNCIL

             SPECIAL FT AND BORDER

             6:THE DEPUTY COMMISSIONER
              SIVSAGAR
             ASSAM.

             7:THE SUPERINTENDENT OF POLICE (B)
              CHARAIDEO
             ASSAM

Advocate for the Petitioner     : MR. P RAHMAN

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

BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN

Date : 06-02-2023

JUDGMENT & ORDER (ORAL)

(AM Bujor Barua, J)

Heard Mr. P Rahman, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC appearing on behalf of the respondents in the Union of India as well as for the authorities under the NRC, Ms. K Phukan, learned Government Advocate for the Deputy Commissioner, Sivasagar, Mr. T Pegu learned counsel for the Election Commission of India, Ms. A Verma, learned Special Counsel Foreigners Tribunal for the authorities under the Home Department, Government of Assam as well as the Superintendent of Police (B) Charaideo.

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2. The petitioner Md. Jahed Ali was referred for an adjudication as to whether he is a person who had entered the State of Assam subsequent to 25.03.1971 resulting in registration of FT Case No. F.T.CRD.1239/2003 in the Foreigners Tribunal, Jorhat. The petitioner raises an issue that he was also referred to the

Foreigners Tribunal (1st) Morigaon in FT Case No.04/2010 in respect of Police Reference F.T. Case No.435/2006 and there is an opinion rendered dated 16.12.2013 arriving at a conclusion that he is not a person who had entered the State of Assam subsequent to 25.03.1971. Accordingly, the petitioner raises an issue of res judicata to assail the proceedings in FT Case No. F.T.CRD.1239/2003 before the Foreigners Tribunal Jorhat.

3. The question as to whether a subsequent proceeding is barred by the principle of res judicata would depend upon the determination of the question that the issues involved are same and the person involved are one and the same person in the earlier proceeding. Accordingly, there is a requirement for a determination as to whether the present petitioner who had been referred in FT Case No. F.T.CRD.1239/2003 to the Foreigners Tribunal Jorhat and the person who had been referred in FT Case No.04/2010 in respect of Police Reference F.T.

Case No.435/2006 to the Foreigners Tribunal (1 st) Morigaon are one and the same person. Accordingly the petitioner shall appear before the Foreigners Tribunal Jorhat for a determination of the aforesaid question and the Tribunal may proceed against the petitioner only upon a satisfaction being arrived that the two persons are not the same person.

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4. The petitioner to appear before the Foreigners Tribunal Jorhat on 10.03.2023.

5. Writ petition stands disposed of in the above terms.

                                     JUDGE                        JUDGE




Comparing Assistant