Mahir Ali @ Mohibor Sheikh vs The Union Of India And 6 Ors
2025 Latest Caselaw 2350 Gua

Gauhati High Court

Mahir Ali @ Mohibor Sheikh vs The Union Of India And 6 Ors on 27 January, 2025

Author: M.R.Pathak

Bench: Manash Ranjan Pathak

                                                                   Page No.# 1/5

GAHC010003572025




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

                           Case No. : WP(C)/113/2025

         MAHIR ALI @ MOHIBOR SHEIKH
         S/O- LT. JABAN ALI @ JABAN, RESIDENT OF VILLAGE- SAHPUR, P.O. AND
         P.S. SORBHOG, DIST.- BARPETA, ASSAM

         VERSUS

         THE UNION OF INDIA AND 6 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY
         OF HOME AFFAIRS, NEW DELHI, 110001

         2:THE STATE OF ASSAM
          REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM
          HOME DEPARTMENT
          DISPUR
          GUWAHATI- 781006

         3:THE ELECTION COMMISSION OF INDIA
          NEW DELHI

         4:THE STATE COORDINATOR
          NRC ASSAM
         ACHYUT PLAZA
          BHANGAGARH
          GUWAHATI- 781005

         5:THE DEPUTY COMMISSIONER
          BARPETA
         ASSAM- 781301

         6:THE SUPERINTENDENT OF POLICE (B)
          BARPETA
         ASSAM- 781301
                                                                           Page No.# 2/5

            7:THE OFFICER-IN-CHARGE
             SORBHOG POLICE STATION
             DIST.- BARPETA
            ASSA

Advocate for the Petitioner   : MR S ISLAM,

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




             Linked Case : I.A.(Civil)/71/2025

            MAHIR ALI @ MOHIBOR SHEIKH
            S/O- LT. JABAN ALI @ JABAN
            RESIDENT OF VILLAGE- SAHPUR
            P.O. AND P.S. SORBHOG
            DIST.- BARPETA
            ASSAM


             VERSUS

            THE UNION OF INDIA AND 7 ORS
            REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA
            MINISTRY OF HOME AFFAIRS
            NEW DELHI
            110001

            2:THE STATE OF ASSAM
            REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
            OF ASSAM
             HOME DEPARTMENT
             DISPUR
             GUWAHATI- 781006

            3:THE ELECTION COMMISSION OF INDIA
            NEW DELHI

            4:THE STATE COORDINATOR
            NRC ASSAM
            ACHYUT PLAZA
            BHANGAGARH
            GUWAHATI- 781005
                                                                             Page No.# 3/5

           5:THE STANDING COUNSEL
           SPECIAL FT AND BORDER

           6:THE DEPUTY COMMISSIONER
           BARPETA
           ASSAM- 781301

           7:THE SUPERINTENDENT OF POLICE (B)
           BARPETA
           ASSAM- 781301

           8:THE OFFICER-IN-CHARGE
           SORBHOG POLICE STATION
           DIST.- BARPETA
           ASSAM
           ------------
           Advocate for : MR S ISLAM
           Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS




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

                                       ORDER

27-01-2025 (M.R.Pathak, J)

Heard Mr. S. Islam, learned counsel for the petitioner and Ms. A. Verma, learned Standing Counsel, Home Department, Assam for the respondent Nos. 2, 6 and 7. Also heard Mr. M. Kalita, learned Standing 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.

Page No.# 4/5

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

3. It is contended by the petitioner that pursuant to the impugned ex-parte judgment/opinion dated 05.09.2018, passed by the learned Member, Foreigners

Tribunal, No.11th, Barpeta at Sorbhog in Case No.(Bpt/11th), F.T. 1049/2017, he has been declared to be a foreigner of post 25.03.1971 stream.

4. Being aggrieved with the said impugned ex-parte judgment/opinion dated 05.09.2018, the petitioner has filed this writ petition on 07.01.2025 stating that he has sufficient documents to establish himself to be an Indian citizen and that on 20.12.2024, police have taken him into custody and he is presently detained in the Detention Camp at Matia, District-Goalpara.

5. It is seen that the impugned ex-parte judgment/opinion was of 05.09.2018 and after more than 6 and ½ years, the petitioner has preferred this writ petition on 07.01.2025, that too, only after he was taken into custody on 20.12.2024.

6. Before proceeding further, we propose to examine the record of said Case

No.(Bpt/11th), F.T. 1049/2017 in original.

7. Registry shall call for the record of said Case No.(Bpt/11 th), F.T. 1049/2017

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

8. 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.

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

10. List this matter on 24.02.2025.

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11. Maintainability of this writ petition is kept open.

12. The interim prayer of the petitioner shall be considered after perusal of the relevant records that has been called for.

                                  JUDGE                           JUDGE




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