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2026 Supreme(Gau) 67

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KALYAN RAI SURANA, ANJAN MONI KALITA
Nur Md. Seikh, S/o. Md. Rahman Ali – Appellant
Versus
Union Of India Represented By The Secretary Of The Govt. Of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. K. Bhuyan.
For the Respondent: Ms. A. Gayan, Cgc. Mr. H. Kuli., Mr. A. I. Ali, Sc, Eci., Mr. P. Sarma, Addl. Sr. Ga., Mr. G. Sarma, Sc, F.T.

ORDER :

A.M. Kalita, J.

Heard Mr. K. Bhuyan, the learned counsel appearing for the Petitioner. Also heard Ms. A. Gayan, learned CGC, as well as Mr. H. Kuli, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel for the Election Commission of India. Mr. P. Sarma, learned Addl. Sr. Govt. Advocate, Assam and Mr. G. Sarma, learned Standing Counsel, FT & Border matters.

2. By filing this writ petition under Article 226 of the Constitution of India, the Petitioner has assailed the Opinion dated 13.12.2018 rendered by the learned Foreigners’ Tribunal (hereinafter referred to as the ‘learned Tribunal’), Kamrup (M) 3rd, Guwahati, whereby the Petitioner, namely, Nur Md. Sheikh was declared as a foreigner under Section 2 (a) of the Foreigners Act, 1946.

3. On receipt of a reference, vide Noonmati P.S. Case No.33/2017, from the Deputy Commissioner of Police (B), Guwahati, for Opinion about the nationality of the aforesaid Petitioner, the learned Foreigners’ Tribunal, Kamrup (M) 3rd, Guwahati registered F.T. Case No. 71/2017. On receipt of the notice, the Petitioner appeared before the learned Tribunal and submitted his written statement. The Petitioner also adduced evidenc

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