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Gauhati High Court
Page No.# 1/5 vs The Union Of India And 5 Ors on 11 March, 2026
Author: K.R. Surana
Bench: Kalyan Rai Surana
Page No.# 1/5
GAHC010170572019
2026:GAU-AS:3626
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5426/2019
SIRIMOON NESSA @ SIRIMON BIBI
D/O- LATE TAUJI MADBAR @ TAJI MATBAR, W/O- LATE ARMAN ALI, R/O-
VILL- LAWTHARY, P.S- MUKALMUA, DIST- NALBARI, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS
REP. BY THE SECRETARY TO THE GOVT OF INDIA, MIN OF HOME
AFFAIRS, SHASTRI BHAWAN, TILAK MARG, NEW DELHI
2:THE ELECTION COMMISSION OF INDIA
GOVT OF INDIA
NEW DELHI- 02
3:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
DEPTT OF HOME
DISPUR
GUWAHATI- 06
4:THE ASSAM STATE COORDINATOR
NRC
BHANGAGARH
GHY- 05
5:THE SUPERINTENDENT OF POLICE (B)
NALBARI
DIST- NALBARI
ASSAM
6:THE DEPUTY COMMISSIONER
NALBARI
Page No.# 2/5
DIST- NALBARI
ASSA
Advocate for the Petitioner : MD. A MATLIB, MR R DHAR
Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,SC, NRC,SC, ELECTION COMMISSION.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 11.03.2026
(K.R. Surana, J)
Heard Mr. R. Dhar, learned counsel for the petitioner. Also heard Mr. S.P.
Choudhury, learned CGC; Ms. A. Verma, learned standing counsel for the FT &
Border matters; Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. P.
Sarmah, learned Addl. Senior Govt. Advocate for the State respondent.
2. By filing this writ petition under Article 226 of the Constitution of
India, the petitioner has assailed the impugned opinion dated 28.06.2018,
passed by the learned Member, Foreigners' Tribunal No.2, Nalbari, in F.T. (Nal-2)
Case No. 148/2017, arising out of IMDT Case No. 1781/2004, by which the
petitioner was declared as an illegal migrant.
3. In view of the order which is proposed to be passed, the facts and
evidence is not elaborately discussed in this order. It would suffice to mention
that proceedings questioning the citizenship of the petitioner, wife of Late
Arman Ali, resident of Village- Lawthary, P.S.- Mukalmua, in the district of
Nalbari was registered. Apart from filing her written statement, the petitioner
had examined herself as O.P.W.-1 and she had exhibited 12 documents, viz., (i)
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Gaon Panchayat Certificate (Ext.1), (ii) NRC (Ext.2), (iii) Voters List of 1966 of
the projected father of the petitioner (Ext.3), (iv) NRC (Ext.4), (v) Voters List of
1985 of the petitioner (Ext.5), (vi) Voters List of 1993 of the petitioner (Ext.6),
(vii) Voters List of 1997 of the petitioner (Ext.7), (viii) Voters List of 2005 of the
petitioner (Ext.8), (ix) EPIC of the petitioner (Ext.9), (x) Voters List of 2017 of
the petitioner (Ext. 10), (xi) Certificate by Gaonburah (Ext. 11), (xii) Self-
declaratory affidavit regarding discrepancy in the names and age of her and her
father (Ext. 12).
4. Thereafter, the petitioner was examined by the learned Tribunal and
discharged on 19.08.2017. In support of her evidence, the petitioner has also
examined one Jainul Abedin, Government Village Headman as O.P.W.-2 on
19.08.2017, who was examined by the learned Tribunal on the same day and
discharged. The petitioner had also examined Nazarat Ali, Secretary of 95 No.
Kalita Kuchi Gaon Panchayat as OPW-3. He was also examined by the learned
Tribunal on 04.09.2017, and discharged. Thereafter, as per order dated
23.10.2017, the learned Tribunal found that in the reference, the name of the
father of the petitioner was nowhere mentioned and therefore, by an order
dated 23.10.2017, the Superintendent of Police (Border), Nalbari was directed to
make a local investigation and find out the father's name of the petitioner.
5. Accordingly, by a forwarding letter dated 27.12.2017, the
Superintendent of Police (Border), Nalbari forwarded an inquiry report dated
21.12.2017 by the Inspector of Police (Border), Nalbari stating that on inquiry it
is found that the name of the father of the petitioner is Tauji Matbar, who was
an inhabitant of Village- Khoponipuchi, under Hajo Revenue Circle in Kamrup
(Rural) District.
6. At this stage, the learned standing counsel for the FT & Border
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matters submits that he has perused the said inquiry report dated 27.12.2017,
which is annexed to the writ petition, and he raises strong objection as to the
contents of the said inquiry report on the ground that the inquiry was based on
a copy of the certificate by the Village Headman, a copy of NRC, Voter detail of
1966 and Voter detail of the year of 1971. In this regard, it is submitted that the
Village Headman Certificate is merely a link certificate and does not by itself is a
proof of citizenship. Similarly, it is submitted that it is well settled law that NRC
is also not a proof of citizenship and that the NRC of 1951 was made under the
Census Act. Accordingly, it is further submitted that the Gaon Panchayat
Certificate is only for the inclusion of the name in the NRC and for no other
purpose and therefore, it is also not a proof of citizenship. Hence, it is submitted
that the said report dated 27.12.2017 by the Inspector of Police (Border),
Nalbari is otherwise inadmissible in evidence and could not have been relied
upon for the purpose of proof of name of the father of the petitioner.
7. Be that as it may, as it is noticed that the said report of the Inspector
of Police (Border), Nalbari has been prepared on the strength of order dated
23.10.2017, passed by the said learned Tribunal. The power to pass such an
order can be related to the provision of Section 165 of the Evidence Act, 1872,
as was applicable at that point of time. Therefore, the learned Tribunal having
called for the said report, is required to deal with the said document.
Accordingly, for the sole purpose of requiring the learned Member, Foreigners'
Tribunal No. 2, Nalbari, to deal with the said inquiry report dated 27.12.2017, as
forwarded by the Superintendent of Police (Border), Nalbari by forwarding letter
dated 27.12.2017, the receipt of which is noted in the order dated 29.12.2017,
the impugned opinion dated 28.06.2018 passed in F.T. (Nal-2) Case No.
148/2017 is hereby set aside.
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8. Accordingly, the matter is remanded back to the said learned Tribunal
to deal with the said report referred to in the order dated 29.12.2017 and
thereupon, pass a final opinion in accordance with law.
9. The petitioner, who is duly represented by her learned counsel, is
directed to appear before the learned Member, Foreigners, Tribunal No. 2,
Nalbari in connection with the F.T. (Nal-2) Case No. 148/2017 on 27.04.2026
without fail and by producing a certified copy of the order, await further orders
from the said learned Tribunal.
10. The Registry shall expeditiously send back the Tribunal's records, along
with a copy of this order, to be made part of the record by the learned Tribunal.
11. The petitioner, who was allowed to remain on bail by order dated
21.10.2019, shall continue to remain on bail till 27.04.2026, subject to further
orders that may be passed by the said learned Tribunal.
12. The writ petition stands partly allowed to the extent as indicated
above.
13. There shall be no order as to cost.
JUDGE JUDGE
Comparing Assistant
