Helal Uddin vs The Union Of India And 5 Ors
2026 Latest Caselaw 887 Gua

Gauhati High Court

Helal Uddin vs The Union Of India And 5 Ors on 7 February, 2026

Author: Kalyan Rai Surana

Bench: Kalyan Rai Surana

                                                                  Page No.# 1/3

GAHC010120742017




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

                          Case No. : WP(C)/267/2017

         HELAL UDDIN
         S/O LT. MANASH ALI TEMPORARY ADDRESS- C/O MOHAMMED EKRAMOL
         OF VILL- NO.3 RAILWAY GATE, KUMARPATTY, P.S. GOLAGHAT, DIST.
         GOLAGHAT, ASSAM PRESENT and PERMANENT ADDRESS- VILL-
         BHERBHERI, P.S. BATADRAVA, DIST. NAGAON, ASSAM.



         VERSUS


         THE UNION OF INDIA and 5 ORS.
         TO BE REP. BY SECRETARY TO THE GOVT. OF INDIA, HOME
         DEPARTMENT, NORTH BLOCK, NEW DELHI.

         2:THE STATE OF ASSAM
         TO BE REP. BY COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM
          HOME DEPARTMENT
          DISPUR
          GUWAHATI-06.

         3:ADDITIONAL DIRECTOR GENERAL OF POLICE

          ASSAM
          BORDER
          BHANGAGARH
          GUWAHATI-5.

         4:DEPUTY COMMISSIONER

          NAGAON
          ASSAM.

         5:SUPERINTENDENT OF POLICE BORDER
                                                                            Page No.# 2/3


               NAGAON
               ASSAM.

              6:SUPERINTENDENT OF POLICE BORDER

               GOLAGHAT
               ASSAM

Advocate for the Petitioner     : MR.K MIRA, MR.D K DEKA,MR.N H MAZARBHUYAN,MR.N
ISLAM,MS.L WAJEEDA

Advocate for the Respondent : , ASSTT.S.G.I.,GA, ASSAM




                                         BEFORE
                         HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                         HONOURABLE MR. JUSTICE ANJAN MONI KALITA

                                          ORDER

07.02.2026 (Kalyan Rai Surana, J)

Heard Ms. L. Wazeeda, learned counsel for the petitioner. Also heard Mr. A.K. Dutta, learned CGC, Mr. A.I. Ali, learned Standing Counsel, ECI, Mr. J. Payeng, learned Standing Counsel, FT, NRC and Mr. H.K. Hazarika, learned Jr. GA.

The question that may arise for consideration is, if it is assumed that the opinion passed by the learned Foreigners Tribunal is sustained by negating the challenge, whether the petitioner would get the benefit of the provision of proviso to Sub Rule 2 of Rule 19 of the Citizenship Rules, 2009 to get himself registered with the Registering Authority as an immigrant who has migrated between 01.01.1966 and 24.03.1971 (both inclusive), more so, in light of sub para (d) of paragraph 218 of the case of In Re: Section 6A of the Citizenship Act, 1955, reported in (2024) 0 Supreme (SC) 942: 2024 INSC 789.

The learned counsel for the petitioner prays for some time to make her Page No.# 3/3

submissions. Prayer is allowed.

List this matter on 24.02.2026

JUDGE JUDGE

Comparing Assistant