Riajuddin Ahmed @ Riajuddin Sheikh vs The Union Of India And 6 Ors
2024 Latest Caselaw 4198 Gua

Gauhati High Court

Riajuddin Ahmed @ Riajuddin Sheikh vs The Union Of India And 6 Ors on 12 June, 2024

Author: M.R.Pathak

Bench: Manash Ranjan Pathak

                                                               Page No.# 1/3

GAHC010112282024




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

                         Case No. : WP(C)/2959/2024

         RIAJUDDIN AHMED @ RIAJUDDIN SHEIKH
         SON OF LATE ALAUDDIN SHEIKH, PERMANENT RESIDENT OF VILLAGE-
         PUB ANKORBARI, MOUZA- SIDLI, POLICE STATION- DHALIGAON,
         DSTRICT- CHIRANG, ASSAM



         VERSUS

         THE UNION OF INDIA AND 6 ORS
         REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS,
         GOVERNMENT OF INDIA, SHASTRI BHAWAN, NEW DELHI- 110001

         2:THE STATE OF ASSAM
          REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
          HOME DEPARTMENT
          DISPUR
          GUWAHATI- 781006

         3:THE ELECTION COMMISSION OF INDIA
          REPRESENTED BY THE CHIEF ELECTION COMMISSION
          NIRVACHAN SADAN
         ASHOKA ROAD NEW DELHI- 110001

         4:THE STATE COORDINATOR
          NATIONAL REGISTRATION OF CITIZENS
         ASSAM
          1ST FLOOR
         ACHYUT PLAZA
          G.S.ROAD
          BHANGAGARH
          GUWAHATI
         ASSAM
          PIN- 781005
                                                                                    Page No.# 2/3


             5:THE DEPUTY COMMISSIONER
              CHIRANG
              POST OFFICE- CHIRANG
              DISTRICT- CHIRANG
             ASSAM
              PIN- 783390

             6:THE SUPERINTENDENT OF POLICE (BORDER)
              CHIRANG
              POST OFFICE- CHIRANG
              DISTRICT- CHIRANG
             ASSAM
              PIN- 783390

             7:THE OFFICER-IN-CHARGE OF DHALIGAON POLICE STATION
              DISTRICT- CHIRANG
             ASSAM
              PIN- 78339

Advocate for the Petitioner   : MS N DEKA

Advocate for the Respondent : GA, ASSAM




                                     BEFORE
                  HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
                   HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                            ORDER

12-06-2024 (M.R.Pathak, J)

Heard Ms. H Betala, learned counsel for the petitioner and Mr. B Sarma, learned CGC for the respondent No. 1. Also heard Ms. A Verma, learned Standing counsel, Home Department, Assam for the respondent Nos. 2, 6 & 7; Mr. A I Ali, learned Standing counsel, Election Commission of India for the respondent No. 3 as well as Mr. P Sharma, learned Additional Senior Government Advocate, Assam for the respondent No. 5.

2. In a reference being made by the Superintendent of Police (Border), erstwhile District- Bongaigaon, the learned Member, Foreigners Tribunal, Chirang by its judgment dated 21.12.2017 passed in F.T. Case No. BNGN/ FT(CHR)/3784/09 arising out of Police Enquiry No. 752/04, after Page No.# 3/3

hearing the parties and considering the evidence adduced by the petitioner, opined him to be a foreigner of post 25.03.1971 stream under the Foreigners Act, 1946 holding that he failed to discharge his burden to prove that he is not a foreigner.

3. Aggrieved with the said judgment dated 21.12.2017, noted above, the petitioner filed this writ petition on 03.06.2024, after more than 6 years 5 months.

4. Before proceeding further with the case, we would like to go through the records in original pertaining to F.T. Case No. BNGN/FT(CHR)/3784/09, wherein the impugned judgment was passed on 21.12.2017.

5. Call for the records of F.T. Case No. BNGN/FT(CHR)/3784/09 from the office of the Foreigners Tribunal, Chirang.

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

7. This order be brought to the notice of the Registrar (Judicial).

8. List on 25.07.2024.

                                        JUDGE                                  JUDGE




Comparing Assistant