Page No.# 1/3 vs Union Of India And 5 Ors
2024 Latest Caselaw 4206 Gua

Gauhati High Court

Page No.# 1/3 vs Union Of India And 5 Ors on 12 June, 2024

Author: M.R.Pathak

Bench: Manash Ranjan Pathak

                                                                     Page No.# 1/3

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.
                                                                      Page No.# 2/3

            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

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




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

                                             ORDER

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

1. Heard Ms. F. N. Zaman, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned CGC, for the respondent No. 1, Ms. A. Verma, learned Standing Counsel, Home Department, Assam, for the respondent Nos. 2 & 4, Mr. P. Sarma, learned Additional Senior Government Advocate, Assam, for the respondent No. 3 and Mr. H. Kuli, learned Standing Counsel, Election Commission of India, for the respondent No. 5.

2. List this matter again on 23rd July, 2024

3. On the said date, the State respondents in the Home Department as well as Superintendent of Police (Border), Nagaon shall apprise the Court as to whether Md. Abul Kalam, S/o- Md. Hafij Ali @ Habej Uddin, R/o- Village Paschim Singimari, PS- Rupahihat, District- Nagaon, Assam registered his name (petitioner No. 1) before the Registering Authority under the Citizenship Act, Page No.# 3/3

1955 on 21.09.2016 vide Registration No. R-6106 in pursuance of the judgment and order and direction dated 16.05.2016 passed by the learned Foreigners Tribunal, Jorhat in Case No. FTG/139/14 as well as the direction of the Co- ordinate Bench of this Court dated 07.09.2016 passed in WP(C) No. 5174/2016, if so, the present status of the said registration under Section 6A of the Citizenship Act, 1955.

4. Call for the records of F.T. Case No. FTG/1781/11 from the learned Foreigners Tribunal, Jorhat forthwith.

5. List accordingly.

6. A copy of this order be furnished to Ms. A. Verma, learned Standing Counsel, Home Department, Assam for necessary communication.

                                    JUDGE                    JUDGE




Comparing Assistant