Iman Ali vs The Union Of India And 6 Ors
2024 Latest Caselaw 450 Gua

Gauhati High Court

Iman Ali vs The Union Of India And 6 Ors on 29 January, 2024

Bench: Manash Ranjan Pathak, Parthivjyoti Saikia

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GAHC010132822020




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

                          Case No. : WP(C)/3939/2020

         IMAN ALI
         S/O- BBUR ALI @ BABURALI @ BABUR ALI SHEKH, R/O- VILL- BALAJANI
         CHECHAPANI (DURGAPUR), P.O. KAKOIJANA, P.S. ABHAYAPURI, DIST.-
         BONGAIGAON, ASSAM



         VERSUS

         THE UNION OF INDIA AND 6 ORS.
         REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME
         AFFAIRS, NEW DELHI-1

         2:THE ELECTION COMMISSION
          INDIA
          REP. BY THE CHIEF ELECTION COMMISSION
          INDIA
          NEW DELHI-01

         3:THE STATE OF ASSAM
          REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
          HOME DEPTT.
          DISPUR
          GHY-06

         4:THE STATE CO-ORDINATOR
          NRC
         ASSAM
          BHANGAGARH
          GHY-5
          PIN- 781005

         5:THE DY. COMMISSIONER
          BONGAIGAON
                                                                             Page No.# 2/3

             ASSAM
             PIN- 781

            6:THE SUPERINTENDENT OF POLICE (B)
             BONGAIGAON
             DIST.- BONGAIGAON
            ASSAM

            7:THE OFFICER-IN-CHARGE
            ABHAYAPURI P.S.
             DIST.- BONGAIGAON
            ASSA

Advocate for the Petitioner   : MR. J AHMED

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

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

29.01.2024 (M.R. Patahk, J.)

Heard Mr. J. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. J. Pegu, learned counsel appearing on behalf of Mr. A.I. Ali, learned Standing Counsel, Election Commission of India, for the respondent No.2; Mr. G. Sarma, learned Standing Counsel, Home Department, Assam for the respondent Nos.3, 6 and 7 and Mr. P. Sharma, learned Additional Senior Government Advocate, Assam for the respondent No.5.

2) No representation on behalf of the respondent No.1, Union of India.

3) We have perused the records of Bongaigaon F.T. Case No.1391/2007 wherein the learned Member, Foreigners' Tribunal, Bongaigaon No.2 at Abhayapuri passed the impugned order dated 09.01.2020 declaring the petitioner to be a foreigner under the Foreigners' Act, 1946/illegal migrant of post 25.03.1971.

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4) Both Mr. J. Ahmed, learned counsel for the petitioner and Mr. G. Sarma, learned Standing Counsel, Home Department shall submit their short written argument along with the relevant judgments relied by them in support of their submission.

5)    List on 02.02.2024.




                      JUDGE                             JUDGE




Comparing Assistant