Rahij Uddin @ Rohijuddin @ Rohij ... vs The Union Of India And 5 Ors
2023 Latest Caselaw 4625 Gua

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GAHC010220112023




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

                          Case No. : WP(C)/5800/2023

         RAHIJ UDDIN @ ROHIJUDDIN @ ROHIJ ALI
         S/O- LATE HUSEN ALI @ HUSSAIN ALI @ HASEN ALI,
         R/O- BARJULI, PAIKAN PART-I,
         P.S.- KRISHNAI, DIST.- GOALPARA
         (ASSAM).

         VERSUS

         THE UNION OF INDIA AND 5 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA,
         HOME DEPARTMENT, NEW DELHI-01.

         2:THE STATE OF ASSAM
          REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM HOME DEPARTMENT
          DISPUR GUWAHATI-06.

         3:THE ELECTION COMMISSION OF INDIA
          NIRVACHAN SADAN
         ASHOK ROAD
          NEW DELHI PIN- 110001.

         4:THE DEPUTY COMMISSIONER
          GOALPARA DIST- GOALPARA
         ASSAM PIN- 783121.

         5:THE SUPERINTENDENT OF POLICE (BORDER)
          GOALPARA DIST- GOALPARA
         ASSAM PIN- 783121.

         6:THE STATE COORDINATOR
          NATIONAL REGISTRATION OF CITIZEN
         ASSAM BHANGAGARH
          GUWAHATI-05
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Advocate for the Petitioner : MR S HOQUE
Advocate for the Respondent : DY.S.G.I.


                                           BEFORE
           HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
             HON'BLE MRS. JUSTICE MITALI THAKURIA

                                           ORDER

15-11-2023 (M.R. Pathak, J)

Heard Mr. S. Hoque, learned counsel for the petitioner and Mr. A. K. Dutta, learned Central Government Counsel for the respondent No.1. Also heard Mr. G. Sarma, learned Standing Counsel, Home Department, Assam for the respondent Nos. 2 and 5; Mr. A. I. Ali, learned Standing Counsel, Election Commission of India for the respondent No.3 as well as Mr. H. K. Hazarika, learned Government Advocate, Assam for the respondent No.4.

2) It is submitted by the petitioner that earlier by opinion dated 03.02.2021 passed in F.T. Case No. 1133/K/16, District Case No. 209/2010 (Ref. No. GLP/B/FT/2010/3712 dated 30.06.2010), the learned Member, Foreigners' Tribunal No.2, Goalpara opined that the petitioner is not a foreigner of any stream and that he is an Indian national.

3) However, the petitioner received the second notice from the Foreigners' Tribunal No.2, Goalpara in F.T. (2) GFT(2)960/2022 to establish his case that he is not a foreigner.

4) Being aggrieved, the petitioner has preferred this writ petition praying amongst others for a direction to the respondent authorities, more particularly, the Member, Foreigners' Tribunal No.2, Goalpara in F.T. Case No.G.F.T.(2) 960/2022 not to proceed with the said case against the petitioner on the ground of res-judicata and double jeopardy.

5) Mr. Hoque, learned counsel for the petitioner submitted that in that regard the petitioner has already submitted an application before the learned Member, Foreigners' Tribunal No.2, Goalpara on 22.11.2022, and relying on the decisions of a co-ordinate Bench of this Court in the case of Md. Amir Ali @ Amir Uddin Vs. Union of India and others [WP(C) No. 1248/2023] as well as the judgment of the Hon'ble Supreme Court in the Case of Abdul Kuddus Vs. Union of India and other (Civil Appeal No.5012/2019) the said Tribunal on Page No.# 3/3

26.06.2023 rejected the said application of the petitioner fixing the matter on 26.07.2023 for filing Written Statement.

6) On being enquired, Mr. Hoque, learned counsel for the petitioner submitted that the said F.T. Case is now fixed in the month of December, 2023 for filing Written Statement.

7) Before proceeding further, we would like to examine the case records at the motion stage itself.

8) Registry shall call for the record of [(GFT-2/120/2020, F.T. Case No. 1133/K/16), (District Case No. 209/2010)] disposed of on 03.02.2021 by the learned Member, Foreigners' Tribunal, No.2, Goalpara as well as the record of G.F.T.(2)/960/2022 presently pending before the learned Member, Foreigners' Tribunal No.2, Goalpara.

9) A Copy of this order requisitioning both the case records and the forwarding letter by which the case records are sent to this Court be made part of the record file of the Tribunal.

10) This order be brought to the notice of the Registrar (Judicial) forthwith.

11) Registry shall list this matter for motion immediately on receipt of both the records, noted above from the concerned Foreigners' Tribunal.

                                JUDGE                                   JUDGE




Comparing Assistant