JUDGMENT :

(N. Kotiswar Singh, J.)

1. Heard Mr. B.C. Das, learned counsel for the petitioners in WP(C) No.2099/2018 and WP(C) No.2601/2018; Mr. A.R. Sikdar, learned counsel for the petitioner in WP(C) Nos.4610/2018, 8491/2018, 8493/2018, 822/2019; Mr. F.U. Barbhuiya, learned counsel for the petitioner in WP(C) No. 2239/2019; Mr. K.M. Hassan, learned counsel appearing for the petitioner in WP(C) No. 8189/2019; Mr. M. Khan, learned counsel appearing for the petitioners in WP(C) No. 8253/2019 and WP(C) No.3514/2021 and Mr. H. Ali, learned counsel for the petitioner in WP(C) No.1816/2020.

Also heard Mr. A. Kalita and Mr. J. Payeng, learned Special Counsel, Foreigners Tribunal for the State respondents; Mr. A.I. Ali, learned Standing Counsel, ECI; Ms. U. Das, learned Additional Senior Govt. Advocate, Assam; Mr. A.K. Dutta, learned Central Government Counsel and Ms. L. Devi, learned Standing Counsel, NRC.

2. The common theme which runs through this batch of writ petitions is the applicability of the principle of res judicata.

The petitioners contend based on the decision in Abdul Kuddus Vs. Union of India, (2019) 6 SCC 604 [Abdul Kuddus for short] that the subsequent proceedings before the Foreigners Tribunals challenged in these petitions are barred by res judicata. Though many such petitions have been already allowed by this Court on the basis of the decision in Abdul Kuddus, learned Special Counsel for the Foreigners Tribunal submits that the law laid down by this Court in Amina Khatoon Vs. Union of India, 2018(3) GLT 1: (2018) 4 Gau LR 643 [Amina Khatoon for short] in which it was held that res judicata is not applicable in the proceeding before the Foreigners Tribunal will continue to hold the field, as the said decision has not yet been overruled by the Hon'ble Supreme Court till date. Neither it has been challenged before the Hon’ble Supreme Court so far.

3. The contention of the Special Counsel is based on the following premises.

3.1. It has been submitted that the issue before the Hon'ble Supreme Court in Abdul Kuddus was about the perceived conflict between subpara (2) to Para 3 and Para 8 of the Schedule to the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 (2003 Rules for short) which related to denial of registration by the NRC authorities and not relating to any decision of the Tribunal declaring any procedee to be a foreigner, and as such any observation by the Hon'ble Supreme Court about res judicata is merely an orbiter dicta and the decision in Abdul Kuddus will be confined to the facts of the case. It has been submitted that in the said case before the Hon'ble Supreme Court, no decision of the Foreigners Tribunal declaring a person to be a foreigner was challenged. On the other hand, the issue of res-judicata was pointedly decided by this Court in Amina Khatoon that res-judicata is not applicable in the proceedings before the Foreigners Tribunals. Further, applicability of res judicata before the Foreigners Tribunal was not the specific issue raised nor considered in Abdul Kuddus. It has been also submitted that the judgment of Amina Khatoon was neither challenged nor brought to the notice of the Hon'ble Supreme Court. Thus, the decision in Amina Khatoon has remained unchallenged and as such, will continue to be binding and hold the field.

3.2. It has been further submitted that a Special Leave to Appeal No.19253 of 2018 was filed before