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2025 Supreme(Gau) 552

IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
HONOURABLE MR. JUSTICE KALYAN RAI SURANA, HONOURABLE MRS. JUSTICE MALASRI NANDI
Fakar Uddin S/o. Lt. Khaimuddin – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Petitioner:Mr. A.R. Sikdar, Mr. N. Ahmed, Mr. S.I. Talukdar, Mr. M.M. Zaman, Advocates.
For the Respondent:Mr. S.P. Choudhury. Advocates, Mr. J. Payeng, standing counsel, Mr. A.I. Ali. Advocate, Mr. P. Sarmah, Addl. Senior Govt. Advocate. Advocate, Mr. G. Sarma, standing counsel

JUDGMENT :

K.R. Surana, J.

Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mr. S.P. Choudhury, learned CGC for the Union of India, Mr. A.I. Ali, learned counsel for the Election Commission of India; Mr. J. Payeng, learned standing counsel for FT matters; Mr. G. Sarma, learned standing counsel for N.R.C.; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate.

Challenge in this writ petition:

2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the opinion dated 21.08.2018, passed by the st learned Member, Foreigners Tribunal No. 1 , Barpeta, in F.T. Case No. 289/2016 [arising out of F.T. Ref. Case No. 25/16], thereby declaring the petitioner to be a foreigner, who has entered into India (Assam) on or after 25.03.1971.

Case of the petitioner before the Foreigners Tribunal:

3) In brief, the case of the petitioner is that upon service of notice, he had appeared and filed his written statement before the learned Tribunal and contested the proceeding. Later on, he had filed his additional written statement. The petitioner had denied that he was a foreigner and claimed that his parents were Indian citizens and he was

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