Gauhati High Court
Muktar 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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GAHC010139362020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4249/2020
MUKTAR ALI
S/O. MD. SIDDIK ALI, VILL. AMORIBARI, P.S. RANGAPARA, DIST.
SONITPUR, ASSAM.
VERSUS
THE UNION OF INDIA AND 5 ORS.
THROUGH- THE SECRETARY, TO THE GOVT. OF INDIA, THE MINISTRY OF
HOME AFFAIRS GRIHA MANTRALAYA, NEW DELHI.
2:THE STATE OF ASSAM
THROUGH- THE SECRETARY
TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GUWAHATI-06.
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
GUWAHATI-781005.
5:THE DY. COMMISSIONER
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SONITPUR
P.O. TEZPUR
DIST. SONITPUR
ASSAM
PIN-784001.
6:THE SUPDT. OF POLICE (B)
SONITPUR
P.O. TEZPUR
DIST. SONITPUR
ASSAM. PIN-784001
Advocate for the Petitioner : MD. I HUSSAIN, MR. L R MAZUMDER
Advocate for the Respondent : ASSTT.S.G.I., SC, NRC,SC, ECI,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 16.09.2019
passed by learned Foreigners' Tribunal 7th, Tezpur at Balipara in case No. F.T.
(IMDT) 258/2016 whereby the petitioner was declared to be a foreigner of post
25.03.1971 and answered the reference accordingly.
3. The writ petitioner is before this Court with specific prayer that in view
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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 11.02.2005 an order was passed by I.M.(D) Tribunal in I.M.(D.C.)
Case No. 201/04 and LAC No. TZ(B)/99/1354/Rangapara LAC. The learned
counsel for the writ 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 7 th 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. 201/048 and LAC No. TZ(B)/99/1354/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
