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2025 Supreme(Gau) 2236

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, PRANJAL DAS
Abdul Jabbar @ Abdul Jubbar – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Shri A. Ali, Advocate.
For the Respondent:Shri J. Payeng, SC, Home Deptt., NRC Shri P. Sarma, Addl. Sr. GA, Shri A.I. Ali, SC, ECI, Shri M. Islam, Advocate. Shri R.K.D. Choudhury, DSGI.

JUDGMENT :

S.K. Medhi, J.

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 29.04.2019 th passed by the learned Foreigners’ Tribunal 5 , Darrang, Mangaldoi in F.T. (V) Case No. 2355/2016. 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), Darrang District, against the petitioner giving rise to the aforesaid F.T. (V) Case No. 2355/2016.

(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 along with certain documents and had also adduced evidence as DW1 along with another witness DW2.

(iii) The learned Tribunal, after considering the facts and circumstances and taking into account of the provisions of Section 9 of the Foreigners’ Act, 1946 had come to a finding that the petitioner, as opposite party had

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