Md Dilowar Khan vs The Union Of India And 5 Ors
2026 Latest Caselaw 409 Gua

Gauhati High Court

Md Dilowar Khan vs The Union Of India And 5 Ors on 28 January, 2026

Author: K.R. Surana

Bench: Kalyan Rai Surana

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GAHC010002682026




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

                          Case No. : WP(C)/153/2026

         MD DILOWAR KHAN
         SON OF MD. MUSHA KHAN, RESIDENT OF ANISHA COMPLEX, DANISH
         ROAD, NEAR GOLD CINEMA, FANCY BAZAR/PANBAZAR, KAMRUP
         METRO, ASSAM-781001.



         VERSUS

         THE UNION OF INDIA AND 5 ORS
         REPRESENTED BY THE SECRETARY, GOVT. OF INDIA, MINISTRY OF
         HOME AFFAIRS, NEW DELHI, PIN- 110001.

         2:THE STATE OF ASSAM
          REPRESENTED BY THE SECRETARY
          GOVT. OF ASSAM
          MINISTRY OF HOME AFFAIRS
          DISPUR
          GUWAHATI-781006.

         3:ELECTION COMMISSION OF INDIA

          NIRVACHAN SADAN
          ASHOKA ROAD
          NEW DELHI
          PIN110001.

         4:THE STATE COORDINATOR

          NATIONAL REGISTER OF CITIZENS NRC
          ASSAM
          ACHYUT PLAZA 1ST FLOOR
          BHARALUPAR
          BHANGAGARH
                                                                              Page No.# 2/5

            GUWAHATI-781005.

           5:THE DEPUTY COMMISSIONER

            DISTRICT- NALBARI
            PIN- 781335
            ASSAM.

           6:SUPERINTENDENT OF POLICE

            DISTRICT- NALBARI
            PIN- 781335
            ASSAM

Advocate for the Petitioner : MR S P DAS, MR. D BORA,MR. A K AZAD,MR. N HAQUE,MR. P
K ROYCHOUDHURY,MR. A CHAUDHURY,MS C BORA,MS. S BAISHYA,MR. ANGSHUMAN
DEKA

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




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

                                         ORDER

Date : 28.01.2026 (K.R. Surana, J)

Heard Mr. P.K. Roychoudhury, learned counsel for the petitioner. Also heard Mr. S.S. Roy, learned CGC, appearing for respondent no.1; Mr. G. Sarma, learned standing counsel for the FT matters and NRC, appearing for respondent nos.2, 4 and 6; Ms. S. Katakey, learned standing counsel for the ECI, appearing for respondent no.3; and Mr. H.K. Hazarika, learned Govt. Advocate, representing State respondent no.5.

2. By way of this writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for bail in connection with F.T. (NAL) Case No. (N) 56/2025, arising out of D.C. Ref. No. MJ-14/5/2025-MAG-NLB.

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3. Notice was issued by order dated 09.01.2026. On a perusal of the materials available on record, it would be appropriate to quote paragraphs 5 to 8 of the order dated 29.08.2025 passed by the Division Bench of High Court of Madras in WP No. 16370 of 2025- Md Dilowar Khan v. Union of India and others, which was an application made by the present petitioner. The said paragraphs 5 to 8 reads as follows:

"5. The other aspect of the case is the receipt of relevant records. It is clear from the counter affidavit dated 27.06.2025 filed by the Sub-Inspector of Police, Central Crime Branch-I, Alpha-5, Fake Passport Investigation Wing, Chennai, in particular paragraphs 11 and 12, that the said authority had written to the Ministry of External Affairs seeking for the digitally captured fingerprint extract associated with Indian Passport No. V1736451 issued in the name of Mohammed Dilowar Khan. Despite a reminder letter that has been sent on 13.06.2025, the records have still not been sent by the Foreigners Regional Registration Officer (FRRO), Chennai, Joint Secretary (PSP), as well as the Chief Passport Officer, PSP Division, Ministry of External Affairs.

6. The Senior Superintendent, Regional Passport Office (RPO), Guwahati, has sent a letter dated 08.07.2025 to the Additional Commissioner of Police, CCB, Greater Chennai Police, Chennai, stating that they require the fingerprints of Mohammed Dilowar Khan from the records of CCB for the purpose of matching with their PSP database.

7. Mr. A.R.L. Sundaresan, learned Assistant Solicitor General assisted by Ms. Gopika Nambiar, states that this requirement is necessary because of the confidentiality that has to be maintained with regard to the fingerprint records. He states that once the fingerprints, which are sent from Tamil Nadu, are compared with the fingerprints that are available with the RPO at Guwahati and in case they turn out to be a match, the PSP details will be shared with the Police within a period of four weeks.

8. Mr. A. Damodaran, learned Additional Public Prosecutor, states that the Police will send the fingerprint reports of the petitioner in their possession, which they have obtained from FRRO Chennai, to the RPO, Guwahati by next week. This statement is recorded."

4. The learned counsel for the petitioner has submitted that insofar as his instructions is concerned, the petitioner is the holder of an Indian Passport, however, the petitioner is being accused of holding a passport from Islamic Page No.# 4/5

Republic of Afghanistan and that in view of the order dated 29.08.2025 passed in WP No. 16370 of 2025 by the High Court of Madras, the proceedings against the petitioner has now been initiated before the Foreigners Tribunal No.1, Nalbari, wherein it is registered as F.T. (NAL) Case No. (N) 56/2025.

5. Thus, as the intention of the Court is to ascertain the identity of the petitioner vis-à-vis Indian Passport No. V1736451 and the passports of the Islamic Republic of Afghanistan bearing Nos. O1853371 and P03613785, the appropriate authority shall also obtain information regarding the petitioner from Police Station CCB-II in connection with FIR No. 170 dated 16.12.2024, and/or from the Sub-Inspector of Police, Fake Passport Investigation Wing, Alpha-5, Central Crime Branch-I, Chennai, as referred to in the copy of the FIR (Annexure-1) to the writ petition.

6. The learned counsel for the petitioner has submitted that the proceeding before the Foreigners Tribunal is being proceeded with. Accordingly, as an interim measure, it is provided that in the event the petitioner makes a prayer for adjournment in connection with F.T. (NAL) Case No. (N) 56/2025, the said learned Tribunal is requested to adjourn the matter till 16.02.2026.

7. The learned CGC as well as the learned Government Advocate shall take all other necessary steps as may be required after perusal of the annexures appended to the writ petition.

8. The learned counsel for the petitioner shall provide one copy of the writ petition to learned CGC to enable him to do the needful.

9. The petitioner is at liberty to produce a certified copy of this order before the said learned Tribunal to bring the order to the notice of the said learned Tribunal.

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10. List on 13.02.2026.

                  JUDGE        JUDGE




Comparing Assistant