Gauhati High Court
Solimuddin vs The Union Of India And 4 Ors on 28 January, 2025
Author: M.R.Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/5
GAHC010222542017
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4619/2017
SOLIMUDDIN
S/O. MD. SOBURUDDIN, VILL. NARAVITA PART-II, P.S. ABHAYAPURI, DIST.
BONGAIGAON, ASSAM.
VERSUS
THE UNION OF INDIA and 4 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, NEW DELHI.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GUWAHATI-6.
3:THE SUPERINTENDENT OF POLICE B
BONGAIGAON.
4:THE DY. COMMISSIONER
BONGAIGAON.
Page No.# 2/5
5:THE OFFICER-IN-CHARGE
ABHAYAPURI POLICE STATION
DIST. BONGAIGAON
Advocate for the Petitioner : MR.H MUBARAK, MR.A MATIN,MR.F U BORBHUIYA,MR.H R
A CHOUDHURY,MS.S DAS
Advocate for the Respondent : , ASSTT.S.G.I.,GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
28.01.2025
(M.R.Pathak, J)
Heard Mr. F U Borbhuiya, learned counsel for the petitioner and Ms. S Baruah, learned
CGC for the respondent No. 1, Union of India. Also heard Mr. J Payeng, learned Standing
counsel, Home Department and Political Department, Assam for the respondent Nos. 2, 3 & 5
as well as Mr. P Sharma, learned Additional Senior Government Advocate, Assam for the
respondent No. 4.
2. By the impugned opinion/order dated 20.03.2017 passed by the learned Foreigners
Tribunal Bongaigaon No. 2, Abhayapuri in case No. BNGN/FT/3175/2007 opined the petitioner
to be a foreigner under the Foreigners Act, 1946 who had illegally entered into the territory of
India (Assam) from the specified territory of Bangladesh on or after 25.03.1971.
3. Dissatisfied with the said opinion dated 20.03.2017, noted above, the petitioner filed this
writ petition.
4. We have perused the records of case No. BNGN/FT/3175/2007 that was called for by
order dated 04.08.2017 from the office of the Foreigners Tribunal Bongaigaon No. 2,
Abhayapuri.
Page No.# 3/5
5. During the deliberation of the matter, on behalf of the petitioner, Mr. F U Borbhuiya,
learned counsel placed Exibit-4, voters' list of 2011 relating to 34 No. Abhayapuri North LAC
as well as Exhbit-5, voters' list of 2010 relating to 34 No. Abhayapuri North LAC, from which it
is placed before the Court that name of the petitioner along with his projected father figured
in those two voters' lists.
6. It is also submitted by the petitioner that his projected father, Soburuddin was declared
to be an Indian national by the learned Foreigners Tribunal, Bongaigaon by judgment and
order dated 24.04.2015 passed in BNGN/FT/Case No. 3174/2007 arising out of BNGN/PE
Case 347/2007 that was referred by the Superintendent of Police (Border), Bongaigaon.
7. Said judgment and order dated 24.04.2015 of the learned Foreigners Tribunal,
Bongaigaon passed in BNGN/FT/Case No. 3174/2007 was exhibited by the petitioner as
Exbibit-6 before the learned Foreigners Tribunal Bongaigaon No. 2, Abhayapuri in
BNGN/FT/3175/2007.
8. On perusal of the said judgment and order dated 24.04.2015 of the learned Foreigners
Tribunal, Bongaigaon passed in BNGN/FT/Case No. 3174/2007, it is seen that the learned
Foreigners Tribunal, Bongaigaon considered the voters' lists of 1970 and 1985 of the
projected father of the petitioner Md. Soburuddin, son of late Montaj Ali, village-Nararvita Pt-
II, P.S.- Mererchar, district-Bongaigaon.
9. Petitioner has exhibited the 1985 voters' list of 34 No. Abhayapuri North LAC as Exhibit-2,
in which the name of his projected father Soburuddin, son of late Montaj Ali figured along
with one Komola Khatun, wife of Soburuddin.
10. On perusal of the records, we have seen that in the written statement submitted by the
petitioner before the learned Foreigners Tribunal Bongaigaon No. 2, Abhayapuri in
BNGN/FT/3175/2007 filed on 29.12.2012, he did not mention the names of his projected
grandfather, his grandmother, his father, his mother or that of his siblings, siblings of his
father or siblings of his grandfather.
11. Further, on perusal of the records, we have also seen that Exhibit-2, voters' list of 34 No.
Abhayapuri North LAC consisting of names of his projected father and mother; Exhibit-3,
voters' list of 1997 of 34 No. Abhayapuri North LAC comprising of his projected father, mother
Page No.# 4/5
and elder brother; Exhbit-4, voters' list of 2011 of 34 No. Abhayapuri North LAC comprising of
the name of his projected father, mother, elder brother including him as well as Exhibit-5,
voters' list of 2010 of 34 No. Abhayapuri North LAC consisting of names of his projected
father, mother and elder brother and his name are translated copies of Electoral Rolls without
any certification by the concerned Electoral Registration Officer of 34 No. Abhayapuri North
LAC.
12. Petitioner also projected his grandfather as Montaj and to that extent, exhibited an NRC
of 1951 as Exbibit-1. We have also seen from the records that said Exhibit-1, NRC of 1951 of
his projected grandfather Montaj consists of name of Montaj Ali Sheikh, son of Gal Boksha
Dewani of village-Dumerguri under North Salmara Police Station, Union No. 15, Holding No.
192, House No. 192 of district-Goalpara, whereas the voters' lists of 1985 and 1997 of his
projected father with his mother and that of voters' lists of 2010, 2011 of 34 No. Abhayapuri
North LAC relates to village-B 180 Nararvita Pt-III under Mererchar police station and the
voters' lists of 1997, 2010 and 2011 relates to police station-Abhayapuri of Sub-Division-North
Salmara, District-Bongaigaon.
13. Heard in part.
14. With regard to the translated copies of the voters' lists, noted above, Mr. J Payeng,
learned Standing counsel, Home and Political Department, Assam placed reliance on the
decision of a Co-ordinate Bench of this Court in the case of Isiran Nessa -Vs- Union of India
and three others decided on 10.04.2018 passed in WP(C) No. 2460/2018, Para-26 of the
decision of the Hon'ble Apex Court in the cases of Sarbananda Sonowal -Vs- Union of India
reported in (2006) 5 SCC 665, Jeherul Islam -Vs- Union of India reported in 2017 (5) GLR
670 and also on the common judgment and order dated 06.03.2018 passed in Writ Petition
(Suo Moto) Nos. 11/2007, 12/2017, 14/2017 and WP(C) No. 4540/2017.
15. Considering such materials, we direct to call for the records of case No. BNGN/FT/Case
No. 3174/2007 decided on 24.04.2015 (State of Assam -Vs- Md. Soburuddin, son of late
Montaj Ali) from the office of the learned Foreigners Tribunal, Bongaigaon.
16. Registry shall accordingly call for the records of case No. BNGN/FT/Case No. 3174/2007
from the office of the learned Foreigners Tribunal, Bongaigaon forthwith.
Page No.# 5/5
17. List on 20.02.2025, along with the records of said case No. BNGN/FT/Case No.
3174/2007.
JUDGE JUDGE
Comparing Assistant
