Gauhati High Court
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GAHC010176452019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5377/2019
ABUL KALAM AND ANR.
S/O. LT. HAFIJ ALI AND HABEJ UDDIN, VILL. PASCHIM SINGIMARI, P.S.
RUPAHIHAT, DIST. KARIMGANJ, ASSAM.
2: ANOWAR HUSSAIN
S/O. ABUL KALAM
VILL. PASCHIM SINGIMARI
P.S. RUPAHIHAT
DIST. KARIMGANJ
ASSAM
VERSUS
UNION OF INDIA AND 5 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, SHASTRI BHAWAN, NEW DELHI-110001.
2:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GUWAHATI-06.
3:THE DY. COMMISSIONER
NAGAON
782001.
4:THE SUPDT. OF POLICE (B)
GOLAGHAT
785702.
5:THE ELECTION COMMISSION OF INDIA
NEW DELHI-110001.
6:THE STATE COORDINATOR
NATIONAL REGISTRAR OF CITIZENS (NRC)
ASSAM
GUWAHATI-781005
Advocate for the Petitioner : MS. R CHOUDHURY
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Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
29-09-2023
(M.R.Pathak, J)
Heard Ms. R Choudhury, learned counsel for the petitioner and Ms. L Devi, learned CGC
as well as Standing counsel, NRC for the respondent Nos. 1 & 6. Also heard Mr. J Payeng,
learned Standing counsel, Home Department, Assam for the respondent Nos. 2 & 4, Mr. P
Sarma, learned Government Advocate, Assam for the respondent No. 3 and Mr. A I Ali,
learned Standing counsel, Election Commission of India for the respondent No. 5.
2. Though by Judgment/Opinion dated 16.05.2016, the learned Member, Foreigners
Tribunal, Jorhat in FTG/139/14 (FT Enquiry No. 107-14), Golaghat under Section 2 (1) of the
Foreigners' Tribunal (Order), 1964 opined the petitioner, namely, Md. Abdul Kalam, S/O Md.
Hafej Ali to be a foreigner of between 1 st day of January, 1966, but before the 25 th day of
March, 1971 stream and accordingly, directed him to register himself by filing appropriate
application (Form-XVIII) under Sub-Section 3 of Section 6A of the Citizenship Act, 1955
before the Registering Authority of the district in which he ordinarily resides within 30 days
from the date of detection or identification as foreigner and the time was extended by a Co-
Ordinate Bench of this Court by order dated 07.09.2016 passed in WP(C) No. 5174/2016
preferred by the petitioner.
3. The petitioner on 21.09.2016 submitted his application before the Registering Authority
at Nagaon under Section 6A of the Citizenship Act, 1955.
4. In spite of the said Judgment/Opinion of the learned Member, Foreigners Tribunal,
Jorhat passed in FTG/139/14 (FT Enquiry No. 107-14), Golaghat; the Foreigners' Tribunal,
Jorhat in FTG/1784/11 on 01.03.2019 issued another notice to the petitioner, namely, Md.
Abdul Kalam, S/O Md. Habej Uddin to appear before the said Tribunal stating that allegedly
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he had entered into Assam illegally after 25 th March, 1971 without having any legal
documents.
5. Hence, this writ petition by the petitioner filed on 26.07.2019.
6. On the next date fixed, the Superintendent of Police (Border), Golaghat, respondent No.
4 shall apprise the Court as to whether the present petitioner, namely, Md. Abdul Kalam, S/O
Md. Hafej Ali is the same and one person, namely, Md. Abdul Kalam, S/O Md. Habej Uddin or
not.
7. Further, on the date so fixed, Election Commission of India, respondent No. 5 shall also
apprise the Court as to whether the petitioner pursuant to the Judgment/Opinion dated
16.05.2016 passed in FTG/139/14 (FT Enquiry No. 107-14), Golaghat as well as order dated
07.09.2016 passed by a Co-Ordinate Bench of this Court in WP(C) No. 5174/2016 submitted
his application (Form-XVIII) under Section 6A of the Citizenship Act, 1955 before the
Registering Authority, Nagaon or not, if so, the status of the said application submitted by
him.
8. List on 09.11.2023.
JUDGE JUDGE
Comparing Assistant
