Anser Ali vs The Union Of India And 5 Ors
2024 Latest Caselaw 3121 Gua

Gauhati High Court

Anser Ali vs The Union Of India And 5 Ors on 8 May, 2024

Author: M.R.Pathak

Bench: Manash Ranjan Pathak

                                                                Page No.# 1/3

GAHC010023042024




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

                          Case No. : WP(C)/744/2024

         ANSER ALI
         S/O- AMEJ UDDIN,
         R/O- VILLAGE CHALCHALIA,
         P.S- SORBHOG,
         DIST- BARPETA, ASSAM

         VERSUS

         THE UNION OF INDIA AND 5 ORS
         REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF
         INDIA, SASTRI BHAWAN, TILOK MARG, NEW DELHI- 110001.

         2:THE STATE OF ASSAM
          REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          HOME DEPARTMENT
          DISPUR
          GUWAHATI-6

         3:THE DEPUTY COMMISSIONER
          OF BARPETA
          P.O AND DIST- BARPETA
         ASSAM
          PIN-781301

         4:THE SUPERINTENDENT OF POLICE (B)
          OF BARPETA
          P.O AND DIST- BARPETA
         ASSAM
          PIN-781301

         5:THE ELECTION COMMISSION OF INDIA
          NEW DELHI-110001

         6:THE STATE COORDINATOR
                                                                      Page No.# 2/3

             NATIONAL REGISTER OF CITIZENS
             ASSAM
             BHANGAGARH
             GUWAHATI-05
             DIST- KAMRUP (M

Advocate for the Petitioner   : MR N AHMED

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




                                          BEFORE
           HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
            HON'BLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

08-05-2024 (M.R.Pathak, J)

Heard Mr. N. Ahmed, learned counsel for the petitioner and Ms. S. Barua, learned Central Government Counsel for the respondent No.1. Also heard Ms. A. Verma, learned Standing Counsel, Home Department, Assam for the respondent Nos. 2 and 4; Mr. N. Kalita, learned Government Advocate, Assam for the respondent No.3 as well as Mr. T. Pegu, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel, Election Commission of India for the respondent No.5.

2) In a reference being made by the Superintendent of Police (Border),

Barpeta, the learned Member, Foreigners' Tribunal, No.11 th, Barpeta at Sorbhog after hearing the petitioner and other parties as well as considering the

evidences adduced by the petitioner in Case No. (Bpt/11 th) F.T. 781/2016 by the impugned judgment dated 03.12.2022 opined the petitioner to be a foreigner under the Foreigners Act, 1946, who had illegally entered into the territory of India (Assam) on or after 25.03.1971.

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3) Being aggrieved with the said impugned judgment dated 03.12.2022, the petitioner has filed this writ petition on 02.02.2024.

4) Before proceeding further, we propose to examine the record of said Case

No. (Bpt/11th) F.T. 781/2016 in original.

5) Registry shall call for the record of said Case No. (Bpt/11 th) F.T. 781/2016

from the office of the learned Member, Foreigners' Tribunal, No.11 th, Barpeta at Sorbhog.

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

7) List this matter for motion on 13.06.2024.

                                 JUDGE                              JUDGE




Comparing Assistant