The principle of res judicata applies to proceedings before the Foreigners' Tribunal, and the earlier opinion of the Tribunal has a binding effect.

JUDGMENT

N. Kotiswar Singh, J. - Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned CGC appearing for respondent No.1; Mr. A. Kalita, learned special standing counsel appearing for the State respondent Nos.2, 3 and 4; Ms. B. Das, learned standing counsel, ECI, appearing for respondent No.5 and Ms. L. Devi, learned standing counsel, NRC, appearing for respondent No.6.

2. Considering the nature of the case and having perused the materials on record and also having heard the learned counsel for the appearing parties, we are of the opinion that the matter can be disposed of at this stage without issuing any formal notice to the respondents.

3. In this petition, the petitioner has challenged the opinion/order dated 22.11.2018 rendered by the learned Member, Foreigners' Tribunal (1st), Mangaldai, Darrang, Assam, in F.T. Case No.860/2007 (corresponding to Ref. Case No.991/98), by which the petitioner has been declared as foreigner/illegal migrant who had entered India (Assam) on or after 25.03.1971. The petitioner on receipt of the notice had entered appearance before the learned Tribunal and filed written statement explaining his legacy tracing out to his father, namely, Nesar Ali, S/O Gendela and his grandfather, namely, Gendela Bepari, S/O Uli, as reflected in the voters' list of 1966. Other documents were also referred to in support of his claim that he is not a foreigner but an Indian citizen.

4. The petitioner also annexed a copy of the certified copy of the judgment/opinion of the Foreigners' Tribunal (1st), Darrang, Mangaldai, dated 15.07.2015 passed in F.T. Case No.771/2012, wherein the same petitioner was proceeded against and the learned Foreigners' Tribunal after hearing the parties and the evidences adduced, gave an opinion in favour of the petitioner by holding that Md. Jahir Ali, S/O Late Mesar alias Nesar Ali, Vill-Mangaldai, Ward No.6, PS-Mangaldai, Dist.-Darrang, Assam, is found to be an Indian national and not a foreigner/'D' voter as alleged.

5. According to the petitioner, in spite of relying on the said earlier opinion of the Foreigners' Tribunal given on earlier occasion, referred to above, the learned Tribunal proceeded to consider his case based on other documents and evidences relied on by the petitioner. The Foreigners' Tribunal, referring to the various documents relied on by the petitioner in support of his claim that he is an Indian citizen, did not find favour with the petitioner. As regards the earlier opinion rendered by the Foreigners' Tribunal in F.T. Case No.771/2012 on 15.07.2015, the Foreigners' Tribunal took the view that principle of res judicata embodied on Section 11 of the CPC will not be attracted in a proceeding under the Foreigners' Act, 1946. Further, the Tribunal in the impugned order also made the observation that on perusal of the records of the F.T. Case No.771/2012, it was found that the opposite party had failed to file/adduce evidence-in-chief and the opposite party had failed to give his witness as DW-1 and without taking any evidence-in-chief of the opposite party as well as deposition of the opposite party, the predecessor of this Tribunal passed a final order on 15.07.2015 in favour of the opposite party and as such the said final order dated 15.07.2015 in F.T. Case No.771/2012 cannot be relief upon. Thus, the Tribunal was re-examining the legality of the finding rendered by the earlier Foreigners' Tribunal. For better appreciation, paragraphs 10 and 11 of the impugned order dated 22.11.2018 are reproduced hereinbelow:-

"10. During the course of evidence the O.P. produced Ext.4 the certified copy of final order of F.T. Case No.771/12, order passed on 15-07-2015, the Predecessor, the Ld. Member, Foreigners' Tribunal (1st), Darrang, Mangaldai, where O.P. is declared as a citizen of India. In this regard the O.P.'s engaged advocate also relied judgment & order in W.P.C 7339/2015, Musstt. Amina Khatun Vs Union of India & Ors. (D.B.). Accordi