Pahar Ali @ Md. Lalchan Ali vs The Union Of India And 5 Ors
2025 Latest Caselaw 2190 Gua

Gauhati High Court

Pahar Ali @ Md. Lalchan Ali vs The Union Of India And 5 Ors on 22 January, 2025

Author: Manash Ranjan Pathak

Bench: Manash Ranjan Pathak

                                                                   Page No.# 1/4

GAHC010007492025




                                                           undefined

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

                          Case No. : WP(C)/252/2025

         PAHAR ALI @ MD. LALCHAN ALI
         S/O LATE MAFEZ SHEIKH @ MAFEZ UDDIN SHEIKH, VILL- NO. 2
         BARDOLONI, P.S.-BAGHBAR, DIST- BARPETA, ASSAM


         VERSUS

         THE UNION OF INDIA AND 5 ORS
         REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME
         AFFAIRS, GOVT. OF INDIA, SHASTRI BHAWAN, TILOK MARG, NEW DELHI-
         01

         2:THE STATE OF ASSAM
          REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM
          DEPARTMENT OF HOME
          DISPUR
          GUWAHATI-06

         3:THE ELECTION COMMISSION OF INDIA
         THROUGH ITS SECRETARY
          NIRBACHAN BHAWAN
          NEW DELHI-01

         4:THE STATE CO-ORDINATOR
          NATIONAL REGISTER OF CITIZENS (NRC)
         ASSAM
          BHANGAGARH
          GUWAHATI-05

         5:THE DISTRICT COMMISSIONER OF BARPETA
          P.O. AND DIST- BARPETA
         ASSAM
                                                                                Page No.# 2/4

             6:THE SUPERINTENDENT OF POLICE (BORDER)
              BARPETA
              P.O. AND DIST- BARPETA
             ASSA

Advocate for the Petitioner   : MR. R ALI, MR H A AHMED

Advocate for the Respondent : DY.S.G.I., SC, ECI,SC, F.T,GA, ASSAM



                                        BEFORE
              HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
             HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
                                         ORDER

22.01.2025 (Manash Ranjan Pathak, J.) Heard Mr H A Ahmed, learned counsel appearing for the petitioner and Mr P S Lahkar, 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 6; Mr M Kalita, learned counsel, Election Commission of India for the respondent No. 3, Mr G Sarma, learned Standing Counsel, NRC, for the respondent No. 4 as well as Mr P Sharma, learned Additional Senior Government Advocate, Assam for the respondent No. 5.

2. In the course of the IM(D)T Act, Superintendent of Police (Border), Barpeta,

referred the matter to the Foreigners' Tribunal 4th, Barpeta, to ascertain as to whether the petitioner is a foreigner or not under the Foreigners' Tribunal Act, 1946. After the judgment of the Hon'ble Apex Court in the case of Sarbananda Sonowal -Vs- Union of India; reported in (2005) 5 SCC 665, by which the IM(D)T Act, 1983, was struck down being ultra vires to the Constitution of India and as per the direction issued in the said Sarbananda Sonowal (supra), all the matters pending before the Foreigners' Tribunal, under the IM(D)T Act, were converted to proceedings under the Foreigners' Act, 1946. Learned Member, Foreigners' Tribunal, Barpeta-4th, in FT Case No. FT-1153/2016, after Page No.# 3/4

hearing the parties and considering the evidence adduced by the petitioner, by the impugned order/opinion dated 29.09.2022, 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.

3. Being aggrieved with the said impugned opinion/order dated 29.09.2022, the petitioner has filed this writ petition on 09.01.2025.

5. Issue Notice, returnable by eight weeks.

6. As Mr P S Lahkar, learned Central Government Counsel, Ms A Verma, learned Standing Counsel, Home Department, Assam; Mr M Kalita, learned counsel, Election Commission of India, Mr G Sarma, learned Standing Counsel, NRC, as well as Mr P Sharma, learned Additional Senior Government Advocate, Assam, have accepted notice on behalf of respondent Nos. 1, 2, 6, 3, 4 and 5 respectively, no formal notice need to be issued to those respondents.

7. Petitioner shall serve requisite extra copies of this writ petition along with the Annexures appended thereto to Mr P S Lahkar, learned Central Government Counsel, Ms A Verma, learned Standing Counsel, Home Department, Assam; Mr M Kalita, learned counsel, Election Commission of India, Mr G Sarma, learned Standing Counsel, NRC, as well as Mr P Sharma, learned Additional Senior Government Advocate, Assam, by tomorrow, obtaining necessary acknowledgments from them in that regard.

8. Office to requisition the record of FT Case No. 1153/2016, from the office of the Learned Member, Foreigners' Tribunal 4th, Barpeta.

9. A copy of this order requisitioning the case record and the forwarding letter by which the case record is sent to this Court, be made part of the record file of the Tribunal.

10. Interim prayer of the petitioner shall be considered only after receipt of the relevant records from the concerned Foreigners' Tribunal.

Page No.# 4/4

10. Maintainability of this writ petition is kept open.

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

12. Registry shall list this matter after 4 (four) weeks on a date to be fixed by the Registry, on receipt of the relevant records that have been called for.

                                                              JUDGE           JUDGE




Comparing Assistant