Md. Jamal Sheikh @ Jamaluddin vs The Union Of India And 6 Ors
2023 Latest Caselaw 4363 Gua

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GAHC010103762023




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

                           Case No. : WP(C)/2946/2023

         MD. JAMAL SHEIKH @ JAMALUDDIN
         S/O- LATE JANIK DEWANI @ JANIB DEWANI @ JANIB ALI, R/O- VILLAGE
         NO. 1 GADHOWA CHAPARI (NON-K GADHOWA CHAPARI), P.S. AND P.O.
         MANGALDAI, DIST. DARRANG, ASSAM, PIN- 784125.



         VERSUS

         THE UNION OF INDIA AND 6 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY
         OF HOME AFFAIRS, SHASTRI BHAWAN, TRILOK MARG, NEW DELHI-1.

         2:THE ELECTION COMMISSION OF INDIA
          REPRESENTED BY THE CHIEF ELECTION COMMISSIONER
          NEW DELHI-110001.

         3:THE STATE OF ASSAM
          REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM
          HOME DEPARTMENT
          DISPUR
          GUWAHATI-6.

         4:THE SUPERINTENDENT OF POLICE (BORDER)
          DARRANG
          P.O. MANGALDAI
          DIST. DARRANG
         ASSAM
          PIN- 784125.

         5:THE DEPUTY COMMISSIONER OF DARRANG

          P.O. MANGALDAI
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             DIST. DARRANG
             ASSAM
             PIN- 784125.

            6:THE STATE COORDINATOR OF NATIONAL REGISTER OF CITIZENS
             BHANGAGARH
             GUWAHATI
            ASSAM
             PIN- 781004.

            7:THE ELECTORAL REGISTRATION OFFICER
             MANGALDAI (SC) LAC
             P.O. MANGALDAI
             DIST. DARRANG
            ASSAM
             PIN- 784125

Advocate for the Petitioner   : MD H R AHMED

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




                                  BEFORE
                HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
                 HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

Date : 16.10.2023

(M.R. Pathak, J)

Heard Mr. H.R. Ahmed, learned counsel for the petitioner and Ms. L. Devi, learned Central Government Counsel as well as Standing counsel, NRC for the respondent Nos. 1 & 6. Also heard Mr. G. Sarma, learned Standing Counsel, Home Department of the State for the respondent Nos. 3 & 4; Mr. A. I. Ali, learned Standing Counsel, Election Commission of India for the respondent No. 2 & 7 and Mr. P. Sharma, learned Additional Government Advocate, Assam for the respondent No. 5.

2. Mr. H.R. Ahmed, learned counsel for the petitioner, upon instruction submits that Page No.# 3/4

pursuant to the order of this court dated 28.09.2023 passed in I.A.(Civil) 2855/2023, the petitioner has been released from the detention camp, Matia, Goalpara, Assam wherein he was detained pursuant to the impugned judgment/opinion dated 31.03.2023 passed by the

learned Member, Foreigners' Tribunal (1 st), Mangaldai, Darrang, Assam in F.T. Case No. 01/2022 declaring him to be a foreigner under the Foreigners Act, 1946, who illegally entered Assam after 25.03.1971.

3. In the case in hand, the petitioner has challenged the impugned judgment/opinion

dated 31.03.2023 passed by the learned Member, Foreigners' Tribunal (1 st), Mangaldai, Darrang, Assam in F.T. Case No. 01/2022.

4. Issue Rule, returnable by 8 (eight) weeks.

5. As Ms. Devi, learned CGC as well as Standing counsel, NRC; Mr. G. Sarma, learned Standing Counsel, Home Department of the State; Mr. A. I. Ali, learned Standing Counsel, Election Commission of India and Mr. P. Sharma, learned Government Advocate, Assam have accepted the notices on behalf of the respondent Nos. 1 & 4; 2 & 6; 3; and 5, respectively, no formal notice need to be issued to those respondents.

6. Petitioner shall serve requisite extra copies of this writ petition including the annexures appended thereto to Ms. Devi, learned CGC as well as Standing counsel, NRC; Mr. G. Sarma, learned Standing Counsel, Home Department; Mr. Ali, learned Standing Counsel, Election Commission of India and Mr. P. Sharma, learned Government Advocate, Assam on or before 19.10.2023, obtaining necessary acknowledgment from them in that regard.

7. Office to requisition the record of F.T Case No. 01/2022 arising out of Ref. Case No.

01/2022 from the office of the learned Member, Foreigners' Tribunal (1 st), Mangaldai, Darrang.

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8. Registry shall list this matter for motion immediately on receipt of the record from the concerned Tribunal, as we propose to examine the same at the first instance.

9. A copy of this order requisitioning the case record and the forwarding letter by which the case record is sent to this Court be made part of the record file of the Tribunal.

10. The petitioner shall comply with the direction issued earlier on 28.09.2023 in I.A. (Civil) No. 2855/2023 (disposed of).

11. List accordingly.

                                JUDGE                                         JUDGE



Comparing Assistant