Gauhati High Court
Page No.# 1/16 vs The Union Of India And 7 Ors on 27 October, 2025
Author: K.R. Surana
Bench: Kalyan Rai Surana, Parthivjyoti Saikia
Page No.# 1/16
GAHC010056742020
2025:GAU-AS:14238
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./47/2020
AMINUR ALI @ AMINOOR ISLAM
S/O LT. KHUDU SHEIKH, R/O VILL- CHOT BHASHSJANI P.O. CHAGAL
CHARA, P.S. AND DIST. DHUBRI, ASSAM, PIN 783324
VERSUS
THE UNION OF INDIA AND 7 ORS
REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME
AFFAIRS, GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI
BHAWAN, TILAK MARG, NEW DELHI-1.
2:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF HOME AND POLITICAL
DISPUR
GUWAHATI-6
3:THE ELECTION COMMISSION OF INDIA
REPRESENTED BY THE CHIEF ELECTION COMMISSIONER
NIRVACHAN SADHAN
ASHOKA ROAD
NEW DELHI
DELHI- PIN - 110001.
4:THE ASSAM STATE COORDINATOR OF NRC
BHANGAGARH
GUWAHATI-5.
5:THE DEPUTY COMMISSIONER
Page No.# 2/16
DHUBRI P.O. AND P.S. DHUBRI
DIST. DHUBRI
ASSAM
PIN - 783301.
6:THE DEPUTY COMMISSIONER
GOALPARA
P.O. BALADMARI
P.S. GOALPARA
DIST. GOALPARA
ASSAM
PIN - 783121
7:THE DEPUTY COMMISSIONER OF POLICE (BORDER)
KAMRUP (METRO) DISTRICT
P.O. AND P.S. PANBAZAR
DIST. KAMRUP (METRO)
ASSAM
PIN - 781001.
8:THE OFFICER-IN-CHARGE
DHUBRI POLICE STATION
P.O. AND P.S. DHUBRI
DIST. DHUBRI
ASSAM
PIN - 783301
Advocate for the Petitioner : MR. A R SIKDAR, MR. M HOQUE,MD A ALI,MR. S I
TALUKDAR
Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,SC, ECI,SC, NRC
Linked Case : WP(C)/4876/2018
AMINUR ALI @ AMINOOR ISLAM
S/O LT. KHUDU SHEIKH
R/O VILL- CHOT BHASHAJANI
P.O. CHAGOL CHARA
Page No.# 3/16
IN THE DIST. OF DHUBRI
ASSAM
PIN 783324
VERSUS
THE UNION OF INDIA AND 7 ORS.
REP. BY THE SECRETARY TO THE GOV.T OF INDIA
MINISTRY OF HOME AFFAIRS
NEW DELHI
DELHI
PIN - 110001.
2:THE STATE OF ASSAM
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
HOME AND POLITICAL DEPARTMENT
HAVING HIS OFFICE AT DISPUR
GUWAHATI
DIST. KAMRUP (METRO)
ASSAM
PIN - 781006
3:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSIONER
HAVING HIS OFFICE AT NIRVACHAN SADHAN
ASHOKA ROAD
NEW DELHI
DELHI- PIN - 110001.
4:THE STATE COORDINATOR
NATIONAL REGISTRAR OF CITIZENS (NRC)
ASSAM HAVING HIS OFFICE AT ACHYUT PLAZA
BHANGAGARH
GUWAHATI
DIST.KAMRUP (METRO)
ASSAM
PIN - 781005
Page No.# 4/16
5:THE DEPUTY COMMISSIONER
DHUBRI DISTRICT
HAVING HIS OFFICE AT DHUBRI
P.O. AND P.S. DHUBRI
DIST. DHUBRI
ASSAM
PIN - 783301.
6:THE DEPUTY COMMISSIONER
GOALPARA DISTRICT
HAVING HIS OFFICE AT GOALPARA
P.O. BALADMARI
P.S. GOALPARA (SADAR)
DIST. GOALPARA
ASSAM
PIN - 783121.
7:THE DEPUTY COMMISSIONER OF POLICE (BORDER)
KAMRUP (METRO) DISTRICT
HAVING HIS OFFICE AT PANBAZAR
P.O. AND P.S. PANBAZAR
DIST. KAMRUP (METRO)
ASSAM
PIN - 781001.
8:THE OFFICER-IN-CHARGE
DHUBRI POLICE STATION
HIS OFFICE AT DHUBRI
P.O. AND P.S. DHUBRI
DIST. KAMRUP (METRO)
ASSAM
PIN - 783301.
------------
Advocate for : MR G Z AHMED
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS.
Page No.# 5/16
BEFORE
HON'BLE MR. JUSTICE KALYAN RAI SURANA
HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
For the petitioner : Mr. A.R. Sikdar, Advocate
For FT and Border matters : Mr. J. Payeng, Standing Counsel.
For ECI : Mr. M. Islam on behalf of
Mr. A.I. Ali, Standing Counsel.
For the State : Mr. P. Sarmah, Addl. Sr. Govt. Advocate.
Date of hearing : 29.07.2025.
Date of judgment : 27.10.2025.
JUDGMENT AND ORDER
(CAV)
(K.R. Surana, J)
Pursuant to the reference made by the Senior Superintendent
of Police (Border), Kamrup (M), Guwahati, vide Case No. 635/2006, dated
27.04.2007, expressing doubt about the nationality of the petitioner, a
proceeding registered as F.T. Case No. FT(G-4) 784/2017, was instituted before
the learned Member, Foreigners Tribunal 4th, Kamrup (M). The petitioner had
contested the proceeding and in his evidence, the petitioner had exhibited as 8
(eight) documents. The documents exhibited are: - (i) Admit card issued by the
Board of Secondary Education, Assam (Ext.1); NRC, 1951 (Ext.2); voters list of
1966 (Ext.3); Elector Photo Identity Card (EPIC for brevity) of Aminur Ali
(Ext.4); EPIC of Khudu Sheikh (Ext.5); final khatian (Ext.6); periodic khiraj patta
(Ext.7); and kecha patta (Ext.8).
2) The learned Tribunal, upon analyzing the pleadings made in the
written statement and evidence adduced by the petitioner, vide the impugned
opinion dated 27.04.2007, opined that the petitioner, namely, Md. Aminoor Islam
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as a foreigner who had entered into the State of Assam after 25.03.1971 and
was liable to be deported. The said opinion dated 29.06.2018, passed by the
learned Member, Foreigners Tribunal 4 th, Kamrup (M) in F.T.Case No. FT(G-4)
784/17 was put to challenge before this Court by filing W.P.(C) 4876/2018. This
Court, upon hearing the learned counsel for the appearing parties and on
examining the evidence on record, dismissed the said writ petition vide order
dated 04.12.2018.
3) Accordingly, by filing this review petition on 04.03.2020, under
Chapter-X of the Gauhati High Court Rules, read with Section 114 and Order
XLVII, Rule 1 of the CPC, the petitioner, namely, Aminur Ali @ Aminoor Islam,
has prayed for review of the said order dated 04.12.2018, passed by the
Division Bench of this Court in W.P.(C) 4876/2018.
4) The gist of six grounds on which this review petition is
presented are as follows:-
I) That grave injustice has been caused in passing the erroneous
order dated 04.12.2018 in dismissing the writ petition.
II) The writ petition was dismissed without there being any denial
cross-examination to the claim of the petitioner that the father of
the petitioner was a voter of 1966 and 1970 and the evidence was
disbelieved only due to name discrepancy, for which reliance is
placed on the case of Sirajul Haque v. Union of India, (2019) 5
SCC 534.
III) The writ petition was dismissed by taking a view that no voter list
was exhibited showing the name of the mother of the petitioner. It
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is also stated that Annexure-7, 17 and 18 annexed to the writ
petition discloses the name of the mother of the petitioner and
therefore, as primary documents were available, the clarifying
documents may be accepted and the opinion is liable to be
modified.
IV) In paragraph 55 of the case of Sarbananda Sonowal v. Union of
India & Ors., (2007) 1 SCC 174, it has been held by the Supreme
Court of India that adequate care should be taken so that no
genuine citizens of India is thrown out. Moreover, the Supreme
Court of India in the case of Rafique v. Munshilal & Anr., (1981) 2
SCC 788, has held that a litigant should not suffer due to fault of
the lawyer and in the case of Cement Workers Association v.
Joypur Udyog Ltd., (2008) 4 SCC 701 , it has been held that justice
should not only be done but should manifestly be seen to be
done. However, the said principles were not followed in passing
the impugned order.
V) Exhibit nos. 1 to 7 establishes linkage with petitioner's parents.
VI) There are error apparent on the face of record and the review is
maintainable.
5) In order to support the six grounds, the petitioner has made
statements which runs into 37 paragraphs.
6) Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also
heard Mr. J. Payeng, learned standing counsel for FT and Border matters,
representing respondent nos. 2, 4, 7 and 8; Mr. M. Islam, learned counsel,
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appearing on behalf of Mr. A.I. Ali, learned standing counsel for the respondent
no.3 and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate for respondent
nos. 5 and 6.
7) The learned counsel for the petitioner has made elaborate and
lengthy submissions in the matter. It would suffice to mention that the learned
counsel for the petitioner has referred to the statements made in all the 37
paragraphs of the review petition.
8) It was submitted that the reference was defective and the
police enquiry was done behind the back of the petitioner, without asking him to
produce any document in support of his stand that he is an Indian citizen. It
was submitted that the petitioner was a citizen of India, born to Indian parents.
The name of Amatulla Sheikh, his projected grandfather appeared in the NRC of
1951 and the name of Khudu Sheikh, his projected father appeared in the voter
list of 1966, 1970, 1997 and 2008 of village- Chot Bashjani in the district of
Dhubri and had land in village- Chagal Chora, in the district of Goalpara, bearing
khatian no. 21. The petitioner had passed his HSLC Examination, 2008,
conducted by Board of Secondary Education, Assam. In this regard, reliance has
been placed on the evidence-on-affidavit and cross-examination of the
petitioner (DW-1) and documents exhibited thereby, i.e. Annexure-3 to 12 of
this review petition.
9) It was stated that the petitioner is Md. Aminur Ali, but notice of
the proceeding was served to the petitioner in the name of Md. Aminoor Islam.
It has been submitted that the School Leaving Certificate was a public document
as per Section 74 of the Evidence Act, 1872. It was submitted that the petitioner
had disclosed all material to his counsel, but his counsel committed fault in not
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disclosing the name of the mother of the petitioner and thus, it was submitted
that the petitioner should not suffer for the fault of his counsel.
10) The petitioner has filed his written statement and evidence-on-
affidavit before the learned Tribunal. The petitioner has projected that he has
passed HSLC Examination, 2008 conducted by Board of Secondary Education,
Assam and he has put his signature over his written statement and evidence-on-
affidavit in English. Moreover, the learned Notary Public has made an
endorsement in the foot of the evidence-on-affidavit of the petitioner, sworn on
03.11.2017, that its contents were read over and explained to the declarant, i.e.
petitioner. It is not the pleaded case of the petitioner in this review petition that
his learned counsel defending him before the learned Foreigners Tribunal had
made the petitioner sign on dotted lines and was not given any scope to read
his evidence-on-affidavit before swearing it before the Notary Public. Therefore,
no presumption can be drawn that the petitioner had given instructions to his
engaged counsel to disclose his mother's name, but it was deliberately not
disclosed. Moreover, as it is not the case of the petitioner in the writ petition
that his learned counsel had acted contrary to instructions and no complaint
before the competent forum has been filed by the petitioner, there is no scope
to presume that the learned counsel engaged by the petitioner was at any fault
and the petitioner has failed to sustain this plea. Resultantly, the reliance on the
case of Rafique (supra) appears to be totally misplaced and/or misconceived.
11) It was submitted that the Admit Card issued by the Board of
Secondary Education, Assam, issued in the name of Md. Aminur Ali, son of Md.
Khadu Sheikh and Amena Bibi for HSLC Examination, 2008 is a public document
within the meaning of Section 79 of the Evidence Act, 1872.
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12) In this case, the records of the Tribunal disclose that not only
the learned counsel for the petitioner was taking steps all throughout, but he
had also submitted a written argument. Thus, if the petitioner has not read the
contents of his written statement, evidence-on-affidavit, and the written
argument, the only presumption that can be drawn by the Court is that the
presentation of the petitioner's written statement, evidence-on-affidavit and
written argument was as per his instructions. The petitioner appears to have
become suddenly wiser after his writ petition was dismissed.
13) As regards the submission that the Admit Card of the Board of
Secondary Education, Assam (Ext.1) is a public document within the meaning of
Section 79 of the Evidence Act, 1872, it is seen that in paragraph 2 of the
evidence-on-affidavit filed by the petitioner as DW-1, it has been stated that -
"... I have completed H.S.L.C. examination in the year 2008 from The Board of
Secondary Education, Assam. ..." The learned counsel for the petitioner has
utterly failed to explain how Ext.1 is said to be duly proved when it is stated in
the evidence-on-affidavit that the petitioner has completed HSLC Examination.
It could not be shown that this Court, while deciding the writ petition, had
committed grave error of law in failing to presume that admit card (Ext.1) is a
proof of relationship between the petitioner and his projected parents, in the
absence of any statement by the petitioner (DW-1) that Ext.1 proves the
existence of his relationship with his projected parents. The learned counsel for
the petitioner has failed to show any statement in the evidence-on-affidavit of
the petitioner that Amena Bibi is his mother. Therefore, neither the Foreigners
Tribunal nor this Court can be said to have committed any error apparent on the
face of the record in appreciating Ext.1 in the absence of any attempt on part of
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the petitioner to prove its contents, save and except that Ext.1 was proved to
show that he had completed his HSLC, which also cannot be presumed from
Ext.1 as an admit card is no proof of passing examination.
14) As regards the submissions made by the learned counsel for the
petitioner by referring to the statement made in paragraph 11 of the review
petition that non disclosure of name of mother in written statement was not
fatal as it is not mandatory to file written statement, the Court is unable to
accept the said contention for two reasons. Firstly, it has not been shown that
this point was taken up in the written statement. Moreover, if one requires an
authority on the point that pleadings is required in a proceeding before the
Foreigners Tribunal, one may refer to the case of Rashminara Begum v. Union of
India & Ors., 2017 (4) GLT 346, wherein it has been held that material facts
pleaded would have to be proved by adducing cogent and admissible evidence.
Thus, on this point, there appears to be no error apparent on the face of the
record. Rather, this appears to be a new point raised in this review petition.
15) The learned counsel for the petitioner, in support of his
submissions that the petitioner, not being the author of the voter list, cannot be
made to suffer loss of his citizenship because of minor discrepancy in the names
of his parents and grandfather in the voter list, has placed reliance on the case
of Abdul Matali @ Md. Mataleb @ Abdul Mataleb @ Mutaleb @ Md. Abdul
Matleb v. Union of India & Ors., 2015 (2) GLT 617. In the said regard, it may be
mentioned that this Court, in the case of Basiron Bibi v. Union of India & Ors.,
(2018) 3 GLR 196: 2018 (1) GLT 372; (2017) 0 Supreme(Gau) 1335 , having
dealt with the case of Abdul Matali @ Mataleb (Md.) (supra), held as under:-
29. Reliance placed in the case of Abdul Matali @ Mataleb (Md.) (supra), can be of
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no assistance to the petitioner inasmuch, as it has already been clarified by this
Court in previous decisions that the said decision did not lay down any law and was
a decision confined to the facts and circumstances of that case. Regarding
discrepancies in the voters' lists which the petitioner contended were not her
creation being entered into by officials of Election Commission and therefore should
not be used adversely against the petitioner, such contention is without any
substance. The voters' lists were adduced as evidence by the petitioner herself to
prove her case that she was not a foreigner but a citizen of India. Petitioner cannot
insist that only that portions of the voters' lists which are in her favour should be
accepted and those portions going against her should be over-looked. This is not
how a document put forward as a piece of evidence should be examined. The
document has to be appreciated as a whole.
16) Thus, the case of Abdul Matali @ Mataleb (Md.) (supra) does not
help the petitioner in the facts and circumstances of this case. Moreover, the
said case has been distinguished in the case of Basiron Bibi (supra). The reason
is that the petitioner has not disclosed the names of all his family members in
his written statement and evidence-on-affidavit. The petitioner has not proved
the entries contained in the voter lists of 1966 (Ext.3), produced in evidence.
There is no pleading as to what happened to the four voters whose names are
contained therein. Thus, the sudden appearance of their respective names in
only one voters list does not establish that they were "ordinary residents in
Assam" as required under the provisions of Section 6-A(2) of the Citizenship Act,
1955. The Periodic Kheraj Patta (Exct.7), exhibited by the petitioner is for the
period from 01.04.2009 to 31.03.2020 and therefore, a post 25.03.1971
document. Moreover, unless the petitioner is able to establish his link with his
projected father, the said Ext.7 and other exhibited documents, i.e. Ext.6 and
Ext.8, would not come to the aid of the petitioner.
17) The police authorities have issued the extract of NRC 1951
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(Ext.1) to the petitioner. In this regard, the submission of the learned counsel
for the petitioner was that it is a public document and therefore, Section 74 and
79 of the Evidence Act, 1872 would apply. In this regard, it would be relevant to
refer to the decision of this Court in the case of Abdul Mojid @ Mojid Ali v.
Union of India & Ors., 2019 (2) GLT 45 , wherein it has been held that the NRC
extract produced to prove domicile in India is inadmissible in evidence.
Therefore, the Court is of the view that unless all the relevant facts are pleaded
and proved by a proceedee before the Foreigners Tribunal, NRC in respect of
persons, whose continuous stay in the Country with other members of his or her
family is not proved, it cannot be acceptable that the projected father of the
petitioner, whose names appear in the NRC of 1951 and then appears in the
voter list of 1966 was sufficient to prove the citizenship of the petitioner.
18) The learned counsel for the petitioner has not been able to show
that the stand taken in paragraph 15 and 23 of the review petition, thereby
describing the persons whose name appear in the Ext.1, Ext.2 and Ext.3 and in
the voter list of 2005, was either pleaded before the Foreigners Tribunal or in
the writ petition. In paragraph 25 of the review petition, it has been urged that
the investigation was not proper and reliance has been placed on paragraph 97
of the case of State of Assam v. Moslem Mondal, 2013 (1) GLT 809 . The learned
counsel for the petitioner has not been able to show that the point was raised in
the writ Court and the Court had committed any error apparent in not
discussing the point raised. Therefore, most of the stand taken in this review
petition, is being raised for the first time in this review petition.
19) In light of the discussions in the foregoing paragraphs, the case
of Sarbananda Sonowal (supra) (para-55), does not come to the aid of the
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petitioner.
20) Almost all the points urged by the learned counsel for the
petitioner and the grounds on which this review petition is presented, are either
new grounds or points that were already taken up in the writ petition. The
learned counsel for the petitioner has failed to demonstrate and urge in any of
the grounds of review as to what was the error apparent on the face of the
record. The Supreme Court of India, in the case of Nehali Panjiyara Vs. Shyama
Devi, (2002) 10 SCC 578, has held that when entirely a new issue is raised in
the review petition, interference in review proceedings on the said point is not
proper.
21) The Supreme Court of India, in the case of Surendra Kumar
Vakil & Ors. v. Chief Executive Officer, M.P. & Ors., (2004) 10 SCC 126 , has held
to the effect that a point that has been heard and decided cannot form a ground
for review even assuming that the view taken in the judgment under review is
erroneous. It is also not the case of the petitioner that the order under review is
vitiated by any misconception of fact or law by this Court when the writ petition
was decided.
22) The Supreme Court of India, in the case of Satyanarayan
Laxminarayan Hegde & Ors. v. Mallikarjun Bhavanappa Tirumale, (1960) 1 SCR
890: (1959) 0 Supreme(SC) 168, by referring to the case of Batuk K. Vyas v.
Surat Burrough Municipality, AIR 1958 Bom 133 and Hari Vishnu Kamath v.
Ahmed Ishaque, AIR 1955 SC 233, had laid down as to what cannot be said to
be an error apparent on the face of the record. It was observed:
"17. ... An error which has to be established by a long drawn process of
reasoning on points where there may conceivably be two opinions can hardly be
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said to be an error apparent on the face of the record. As the above discussion of
the rival contentions show the alleged error in the present case is far from self
evident and if it can be established, it has to be established, by lengthy and
complicated arguments. We do not think such an error can be cured by a writ of
certiorari according to the rule governing the powers of the superior court to issue
such a writ. ..."
23) In the case of Syed Yakoob v. K.S. Radhakrishnan & Ors., (1964)
5 SCR 64, the Constitution Bench had held as follows:-
"7. ... A writ of certiorari can be issued for correcting errors of jurisdiction
committed by inferior courts or Tribunals; these are cases where Orders are
passed by inferior courts or tribunals without jurisdiction, or in excess of it, or as a
result of failure to exercise jurisdictions. A writ can similarly be issued where in
exercise of jurisdiction conferred on it, the Court or Tribunal acts illegally or
improperly, as for instance, it decides a question without giving an opportunity to
be heard to the party affected by the Order, or where the procedure adopted in
dealing with the dispute is opposed to principles of natural justice. There is,
however, no doubt that the jurisdiction to issue a writ of certiorari is a supervisory
jurisdiction and the Court exercising it is not entitled to act as an appellate Court.
This limitation necessarily means that findings of fact reached by the inferior Court
or Tribunal as a result of the appreciation of evidence cannot be reopened or
questioned in writ proceedings. An error of law which is apparent on the face of
the record can be corrected by a writ, but not an error of fact, however grave it
may appear to be. In regard to a finding of fact recorded by the Tribunal a writ of
certiorari can be issued if it is shown that in recording the said finding, the Tribunal
had erroneously refused to admit admissible and material evidence, or had
erroneously admitted inadmissible evidence which has influenced the impugned
finding. Similarly, if a finding of fact is based on no evidence, that would be
regarded as an error of law which can be corrected by a writ of certiorari. In
dealing with this category of cases, however, we must always bear in mind that a
finding of fact recorded by the Tribunal cannot be challenged in proceedings for a
writ of certiorari on the ground that the relevant and material evidence adduced
before the Tribunal was insufficient or inadequate to sustain the impugned finding .
..."
24) The Supreme Court of India, in the case of Assistant
Commissioner, Income Tax, Rajkot v. Saurashtra Kutch Stock Exchange Ltd., AIR
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2008 SCW 7153: (2008) 0 Supreme(SC) 1374, has held as follows:-
In our judgment, therefore, a patent, manifest and self-evident error which does
not require elaborate discussion of evidence or argument to establish it, can be
said to be an error apparent on the face of the record and can be corrected while
exercising certiorari jurisdiction. An error cannot be said to be apparent on the
face of the record if one has to travel beyond the record to see whether the
Judgment is correct or not. An error apparent on the face of the record means an
error which strikes on mere looking and does not need long-drawn-out process of
reasoning on points where there may conceivably be two opinions. Such error
should not require any extraneous matter to show its incorrectness. To put it
differently, it should be so manifest and clear that no Court would permit it to
remain on record. If the view accepted by the Court in the original Judgment is
one of the possible views, the case cannot be said to be covered by an error
apparent on the face of the record.
25) In light of the discussions above, this review petition is
misconceived and therefore, dismissed.
26) There shall be no order as to cost.
JUDGE JUDGE
Comparing Assistant
