Gauhati High Court
Md. Ukil Ali vs The Union Of India And 5 Ors on 14 August, 2024
Author: S. Saikia
Bench: Kalyan Rai Surana, Soumitra Saikia
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GAHC010139342020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4142/2020
MD. UKIL ALI
S/O- LT. SIDDIQUE ALI @ SIDDIK ALI, R/O- VILL- BHORBHORI
(AMARIBARI), P.S. RANGAPARA, DIST.- SONITPUR, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS.
THROUGH THE SECY., TO THE GOVT. OF INDIA, THE MINISTRY OF HOME
AFFAIRS GRIHA MANTRALAYA, NEW DELHI
2:THE STATE OF ASSAM
THROUGH THE SECY.
TO THE GOVT OF ASSAM
HOME DEPTT.
DISPUR
GHY-6
3:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA
NIRVACHAN SADAN ASHOKA ROAD
NEW DELHI- 110001
4:THE STATE CO-ORDINATOR
NATIONAL REGISTRATION OF CITIZEN
ASSAM
BHANGAGARH
GHY-05
5:THE DY. COMMISSIONER
SONITPUR
P.O. TEZPUR
DIST.- SONITPUR
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ASSAM
PIN- 784001
6:THE SUPERINTENDENT OF POLICE (B)
SONITPUR
P.O. TEZPUR
DIST.- SONITPUR
ASSAM
PIN- 78400
Advocate for the Petitioner : MD. I HUSSAIN, MR. L R MAZUMDER
Advocate for the Respondent : ASSTT.S.G.I., SC, ELECTION COMMISSION.,SC, NRC,SC, F.T
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 14.08.2024
(S. Saikia, J)
Heard Mr. I. Hussain, learned counsel for the petitioner. Mr. G. Sarma,
learned standing counsel for the Home Department, Ms. K. Phukan, learned
CGC, Mr. H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned
standing counsel for the ECI and Ms. A. Verma, learned standing counsel for the
FT present.
2. Petitioner is aggrieved by the impugned opinion dated 26.04.2019
passed by learned Foreigners' Tribunal 7th, Tezpur at Balipara in case No. F.T.
(IMDT) 259/2016 whereby the petitioner was declared to be a foreigner of post
25.03.1971 and answered the reference accordingly.
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3. The writ petitioner is before this Court with specific prayer that in view
of the judgments of the Apex Court rendered in Abdul Kuddus v. Union of India,
2019 (6) SCC 605, a review application was presented before the Tribunal on or
about December, 2019. It is submitted by the learned counsel for the petitioner
that this application was not accepted by the learned Tribunal and no orders
thereon was passed. Left with no alternative the petitioner approached this
Court.
4. It is submitted by the learned counsel for the petitioner that earlier by
order dated 22.12.2004 an order was passed by I.M.(D) Tribunal in I.M.(D.C.)
Case No. 208 and LAC No. TZ(B)/99/1356/Rangapara LAC. The learned counsel
for the petitioner by referring to the said order submits that the I.M.(D) Tribunal
by the earlier order had returned a finding that the petitioner was not a
foreigner and the reference was dismissed. It is submitted that this order came
to the knowledge of the writ petitioner subsequent to the order passed by the
Foreigners' Tribunal 7th Tezpur at Balipara which is impugned in the present
proceedings. Consequently a review application was filed which was not
entertained or accepted by the Foreigners' Tribunal 7 th Tezpur at Balipara. Under
the circumstances, appropriate orders are being sought for from this Court.
5. The learned counsel for the respondents are permitted to obtain the
instructions as to whether the order dated 22.12.2004 passed in I.M.(D.C.) Case
No. 208 and LAC No. TZ(B)/99/1356/Rangapara LAC, by which the reference
against the writ petitioner was dismissed, is still holding the field or was
interfered with by this Court in a series of orders which were passed in respect
of certain orders passed by I.M.(D) Tribunal. Learned standing counsel for the
Home Department submits that he would like to complete his instructions and
prays that the matter be listed on 20.08.2024.
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6. Accordingly, let the matter be listed again on 20.08.2024.
JUDGE JUDGE
Comparing Assistant
