The court established that decisions made without adequate reasoning or evidence can be reviewed to ensure fair legal proceedings.

ORDER

Date : 13-11-2018

This order will dispose of both Review petition No.4/2018 and WP(C) [suo-moto] No.4/2018.

We have heard Mr. MU Mahmud, learned counsel for the review petitioner, Munnaf Ali @ Monnaf Ali @ Abdul Munnaf as well as for respondent No.1, Md. Bajer Ali; Mr. TJ Mahanta, learned Senior Counsel for the Gauhati High Court; Mr. J Payeng, learned Special Counsel, Foreigners Tribunal; and Mr. AI Ali, learned counsel for Election Commission of India. Also heard Ms. S Khanikar, learned counsel appearing for the State Coordinator, National Register of Citizens (NRC).

Review petitioner Md. Munnaf Ali @ Monnaf Ali @ Abdul Munnaf was declared to be a foreigner, who had illegally entered into India (Assam) from Bangladesh after 25.03.1971 by the Foreigners Tribunal, Chirang in Case No.BNGN/FT/2759/2007 vide order dated 30.10.2015.

Review petitioner assailed the legality and correctness of the order dated 30.10.2015 before this Court by filing WP(C) No.409/2016. The said writ petition was dismissed by this Court after a full length hearing vide order dated 30.08.2017.

It is seen that review petitioner thereafter filed Petition for Special Leave to Appeal (C) No.31105/2017 before the Supreme Court, which was dismissed on withdrawal vide order dated 20.11.2017 with liberty to file review petition before the High Court.

Accordingly, the related Review Petition No.4/2018 has been filed.

Primary contention of the review petitioner on the basis of which review has been sought for is that in the case of the younger brother of the review petitioner, Md. Bajer Ali, a reference was made by the Superintendent of Police, Chirang before the Foreigners Tribunal, Chirang, which was registered as Case No.BNGN/FT/CHR/2760/2007. Reference in respect of Md. Bajer Ali was answered by the Foreigners Tribunal, Chirang vide order dated 22.11.2016 by declaring that he was not a foreigner. Since Md. Bajer Ali has been declared not to be a foreigner, review petitioner contends that his declaration as foreigner has become untenable and, therefore, the order passed by the High Court should be reviewed.

At this stage, Mr. Mahmud, learned counsel submits that before the Tribunal, review petitioner was not granted any chance to adduce evidence.

This aspect of the matter, however, need not be gone into as this ground was duly considered while disposing of the writ petition; review proceeding is not a forum for re- hearing a concluded matter. However, in so far contention of the review petitioner regarding Md. Bajer Ali is concerned, it is seen that review petitioner did not mention in his written statement filed before the Tribunal that he had a younger brother by the name of Md. Bajer Ali and that he was also facing a similar proceeding before the Tribunal. No evidence in this regard was tendered before the Tribunal. However, in the writ petition, review petitioner just mentioned in paragraph 3 thereof, that he had a younger brother by the name of Md. Bajer Ali without further elaboration.

When the review petition was moved on 31.01.2018, considering the course of action adopted in identical matters, this Court directed the Registry to register a suo-moto writ petition with regard to order dated 22.11.2016, passed by the Foreigners Tribunal, Chirang in Case No.BNGN/CHR/2760/2007 in respect of Md. Bajer Ali with further direction that review petition would be heard along with suo moto writ petition.

Consequently, WP(C) [suo moto] No.4/2018 has been registered wherein, Md. Bajer Ali is arrayed as respondent No.1. Notice was issued on 26.02.2018 while requisitioning the case record.

Mr. Mahmud, learned counsel for the review petitioner submits that he has entered appearance on behalf of respondent No.1, Md. Bajer Ali.

While Mr. Mahanta, learned Senior Counsel for the High Court submits that Court may consider passing similar order as has been passed in identical matters which is supported by Mr. Payeng, learned Special Counsel, Foreigners Tribunal, Mr. Mahmud on the othe