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2025 Supreme(Gau) 2046

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, SUSMITA PHUKAN KHAUND
Ramjan Ali Son Of- Late Abdul Hakim – Appellant
Versus
Union Of India, Represented By The Ministry Of Home Affairs – Respondent


Advocates Appeared:
For the Appellants : Mr. K. boruah, Mr. M. alam, Ms. P. borah
For the Respondents: Shri G. Sarma, SC- Home Dept. & NRC, Shri P. Sarma, Addl. Sr. GA – Assam, Ms. S. Katekey, SC – ECI, Shri Ak. Gupta, CGC

Judgment :

Sanjay Kumar Medhi, J.

1.The extra-ordinary jurisdiction of this Court has been sought to be invoked by filing this application under Article 226 of the Constitution of India by putting to challenge the opinion rendered vide impugned order dated 29.01.2022 passed by the learned Foreigners’ Tribunal No. 6, Nagaon in F.T. Case No. 281/2016 arising out of Police Reference – F.T. “D” Case No. 831/98. By the impugned judgment, the petitioner, who was the proceedee before the learned Tribunal, has been declared to be a foreigner post 25.03.1971.

2. The facts of the case may be put in a nutshell as follows:

(i) A reference was made by the Superintendent of Police (B), Nagaon District, against the petitioner giving rise to the aforesaid Case No. 281/2016.

(ii) As per requirement u/s 9 of the Foreigner’s Act, 1946 to prove that the proceedee is not a foreigner, the petitioner had filed the written statement dated 15.03.2013 along with certain documents and had claimed to be an Indian Citizen. He had adduced evidence as OPW1 and there were three other witnesses, namely, a neighbour as OPW2, the Gaonburah as OPW3 and the Headmistress of Rajabari Sologuri High School as OPW4.

(iii) The le

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