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2025 Supreme(Gau) 2107

THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, PRANJAL DAS
Ainuddin @ Md. Ainuddin Ali, S/o. Siraj Uddin @ Siraj – Appellant
Versus
Union Of India, To Be Rep. By The Secretary To The Govt. Of India, Home Deptt. – Respondent


Advocates Appeared:
For the Petitioner: Mr. N. Islam, Mr. T.K. Dey, Ms. L. Wajeeda, Mr A. Motalib.
For the Respondents: Shri G. Sarma, S.C., Home Deptt. & NRC, Shri P. Sarma, Addl. Sr. Govt. Adv., Shri A.I. Ali, SC, E.C.I & Shri M.R. Adhikari, C.G.C.

JUDGMENT :

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 the impugned order dated 14.09.2018 passed by the learned Foreigners’ Tribunal (2nd) Nagaon in F.T. Case No. 2223/2011 arising out of SPs F.T. Ref. Case No. 1258/1998. 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) The reference was made by the Superintendent of Police (B), Nagaon District, against the petitioner giving rise to the aforesaid F.T. Case No. 2223/2011 arising out of SPs F.T. Ref. Case No. 1258/1998;

(ii) Vide an opinion dated 31.10.2016, the learned Tribunal had declared the petitioner a foreigner. However, since the aforesaid opinion was an ex parte one, an application was filed for setting aside the ex parte order which was also rejected vide an order 14.09.2017. Both the aforesaid orders were assailed in WP(C)/2119/2018. The said writ petition was allowed by this Court vide an order dated 16.05.2018

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