Kader Ali @ Md. Kader Ali vs The Union Of India And Ors
2026 Latest Caselaw 1602 Gua

Gauhati High Court

Kader Ali @ Md. Kader Ali vs The Union Of India And Ors on 23 February, 2026

Author: K.R. Surana

Bench: Kalyan Rai Surana

                                                                  Page No.# 1/3

GAHC010033712026




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

                          Case No. : WP(C)/998/2026

         KADER ALI @ MD. KADER ALI
         S/O- LATE IMTAZ ALI @ INTAZ ALI, PERMANENT RESIDENT OF- VILLAGE-
         DIGHIR PATHAR, P.O AND P.S- BAGHBAR, MOUZA- MANDIA, DISTRICT-
         BARPETA, PRESENTLY RESIDING AT DHULAPADUM, PS- RANGAPARA
         (NOW CHARIDUAR), DIST.- SONITPUR, ASSAM.



         VERSUS

         THE UNION OF INDIA AND 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 DISTRICT COMMISSIONER
          SONITPUR
         ASSAM- 784001
                                                                              Page No.# 2/3

            6:THE SUPERINTENDENT OF POLICE (B)
             SONITPUR
            ASSAM-784001

            7:THE O/C
             RANGAPARA POLICE STATION
             SONITPUR
            ASSA

Advocate for the Petitioner   : MR S ISLAM, MR. P RAHMAN

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




                                  BEFORE
                 HONOURABLE MR. JUSTICE KALYAN RAI SURANA
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                         ORDER

23.02.2026 (K.R. Surana, J)

Heard Mr. S. Islam, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC; Mr. A.I. Ali, learned standing counsel for the ECI; Mr. G. Sharma, learned standing counsel for the FT matters and NRC; and Mr. P. Sarmah, learned Additional Sr. Govt. Advocate for respondents.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 05.09.2022,

passed by the learned Member, Foreigners Tribunal 7th, Tezpur, Balipara, in Case No. F.T 477/2016, [Ref. No. TZP(B)/08/1367], thereby declaring the petitioner to be a foreigner of post 25.03.1971 stream.

3. Issue notice returnable on 25.03.2026.

4. Let the relevant records be called for from the concerned Foreigners Page No.# 3/3

Tribunal by e-mail at the following e-mail address of the learned Tribunal:-

[email protected]

5. Requisite extra copies of the writ petition be furnished to the learned counsel for the respondents within 2 (two) working days.

6. Prayer for bail shall be considered on receipt of records.

7. In the meantime, if the petitioner, namely, Kader Ali @ Md. Kader Ali, is apprehended he shall not be deported out of the Country without the order of the Court.

8. The petitioner shall cause production of certified copy of the order to the Superintendent of Police (Border), Sonitpur to bring the order to the notice of the said authority.

9. The learned counsel for the petitioner has prayed for stay of the second proceedings against the petitioner, which is registered as F.T Case No. D.C. 1716/16, arising out of SP (Border's Reference No. TZP(B) 95/947).

10. In the regard, an order is being passed in the connected I.A(Civil) No.553/2026.

11. List on 25.03.2026.

                         JUDGE                JUDGE


Comparing Assistant