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2026 Supreme(Gau) 506

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
KALYAN RAI SURANA, ANJAN MONI KALITA
Ali Akbar, S/o. Late Abdul Jalil – Appellant
Versus
Union Of India, Rep. By The Secretary, Home Affairs – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.C. Das, Mr S.C. Das
For the Respondent: Asstt.S.G.I., SC, NRC, SC, F.T, SC, Election Commission.

JUDGMENT :

A.M. Kalita, J.

Heard Mr. R.C. Das, learned counsel appearing for the Petitioner. Also heard Mr. B. Sarma, learned CGC; Mr. A. I. Ali, learned Standing Counsel, ECI; Mr. P. Sarma, learned Addl. Senior Government Advocate as well as Ms. A.Verma, learned Standing Counsel, F.T. and Border matters.

2. The Petitioner has filed the instant writ petition assailing the Opinion dated 27.03.2019, in F.T. (8) Case No. 3640/18 (Ref. TZP (B) F.T. Case No. 20/18), passed by the learned Foreigners’ Tribunal (In short, the Tribunal) No. 8, Tezpur, whereby the learned Tribunal opined the Petitioner/Proceedee to be a Foreigner who entered Assam on or after 25.03.1971.

3. The instant case was forwarded by the Superintendent of Police (B), Sonitpur, vide Reference TZP (B) F.T. Case No. 20/18, expressing doubt about the validity of the Petitioner, namely, Md. Ali Akbar with a prayer to decide as to whether the Petitioner is or, is not a Bangladeshi national. The aforesaid reference was registered as F.T. (8) Case No. 3640/18 on 13.06.2018. After receipt of the notice, the Petitioner appeared before the learned F.T and filed his written statement. Thereafter, the Petitioner deposed himself as DW-

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