Md Rojat Ali @ Rujat Ali vs The Union Of India And 7 Ors
2025 Latest Caselaw 7194 Gua

Gauhati High Court

Md Rojat Ali @ Rujat Ali vs The Union Of India And 7 Ors on 10 September, 2025

Author: S.K. Medhi

Bench: Sanjay Kumar Medhi

                                                                    Page No.# 1/3

GAHC010130132025




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

                          Case No. : WP(C)/4060/2025

         MD ROJAT ALI @ RUJAT ALI
         S/O LT. BAHUNA SHBEKH, R/O VILL- KUAMRITOL, P.S.- KALIABOR, DIST-
         NAGAON, ASSAM



         VERSUS

         THE UNION OF INDIA AND 7 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
         MINISTRY OF POLITICAL AND HOME AFFAIRS, NEW DELHI

         2:TTHE ELECTION COMMISSION OF INDIA
          REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA
          NIRVACHAN BHABAN
         ASHOKA ROAD
          NEW DELHI-110001

         3:THE STATE OF ASSAM
          REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM
          HOME DEPARTMENT
          DISPUR
          GUWAHATI-781006

         4:THE CHIEF ELECTION OFFICER
         ASSAM
          HOUSEFED COMPLEX
          BELTOLA ROAD
          GUWAHATI-781006

         5:THE ELECTORAL REGISTRATION OFFICER
          JORHAT SUB-DIVISION
          DIST- JORHAT
                                                                             Page No.# 2/3

                   ASSAM

                   6:THE DISTRICT COMMISSIONER
                    JORHAT
                    -CUM- DISTRICT ELECTION OFFICER -CUM- ELECTORAL REGISTRATION
                   OFFICER
                    JORHAT
                    P.O. AND DIST- JORHAT
                   ASSAM

                   7:THE SUPERINTENDENT OF POLICE (BORDER)
                    JORHAT
                    P.O. AND DIST- JORHAT
                   ASSAM

                   8:THE NATIONAL REGISTER OF CITIZENS (NRC)
                    OFFICE OF THE STATE COORDINATOR
                    BHANGAGARH
                    GUWAHATI
                   ASSAM
                    PIN-78100

Advocate for the Petitioner     : MS. G BORAH,

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




                                        BEFORE
                       HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
                        HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

                                           ORDER

10.09.2025 (S.K. Medhi, J.)

Heard Ms. G. Borah, learned counsel for the petitioner.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the judgment and order dated 23.12.2016 passed by the learned Member, Foreigners' Tribunal, Jorhat in FT Case No. JFT.326/07 (Police Enquiry No.344/06) by which the petitioner was declared as a foreigner post 1971. It is the case of the petitioner that the order is unsustainable in law as Page No.# 3/3

the relevant factors have not been taken into consideration.

3. Let notice be issued, returnable by 6(six) weeks.

4. Ms. M. Das, learned counsel appearing on behalf of Shri SK Medhi, learned CGC accepts notice on behalf of the respondent no.1; Shri M. Kalita, learned counsel appearing on behalf of Ms. P. Barua, learned Standing Counsel, ECI accepts notice on behalf of the respondent nos. 2 & 4; Shri G. Sarma, learned Standing Counsel, NRC accepts notice on behalf of the respondent nos. 3, 7 & 8 and Shri P. Sarmah, learned Additional Senior Government Advocate, Assam accepts notice on behalf of the respondent nos. 5 & 6. Extra copies of the writ petition be served upon the learned counsel for the respondents by tomorrow.

5. Call for the records of FT Case No. JFT.326/07 (Police Enquiry No.344/06) from the learned Foreigners' Tribunal, Jorhat. Registry to take steps for requisitioning the same.

6. List this case after 6(six) weeks.

                               JUDGE                     JUDGE




Comparing Assistant