GAHC010284472025

2026:GAU-AS:346-DB

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/7401/2025

NUR ISLAM

S/O LATE SAHAR ALI ,

R/O VILL. ROHINIKASH ,

P.O. and P.S. DALGAON DIST. DARRANG, ASSAM..

VERSUS

THE UNION OF INDIA and othrs

, REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF INDIA, HOME AFFAIRS DEPARTMENT, NEW DELHI-01.

2:THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER AND SECRETARY

TO THE GOVT. OF ASSAM

HOME DEPARTMENT

DISPUR

GUWAHATI 06.

3:THE ELECTION COMMISSION OF INDIA

NEW DELHI-01

INDIA.

4:THE STATE CO ORDINATOR

NRC

ASSAM

BHANGAGARH GUWAHATI -05

5:THE DISTRICT COMMISSIONER

DARRANG MONGALDAI DIST.- DARRANG ASSAM. PIN- 784115

6:THE SUPERINTENDENT OF POLICE (B)

DARRANG DISTRICT- DARRANG ASSAM. PIN- 78411 Advocate for the Petitioner : MS K TAYE, MR A ALI,MS. M KHATUN Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

07.01.2026 Date :

(K.R. Surana, J)

Heard Mr. A. Ali, learned counsel for the petitioner. Also heard Mr. K.

Gogoi, learned CGC; Ms. A. Verma, learned standing counsel the FT & Border matters; Ms. S. Katakey, learned standing counsel for the ECI; and Mr. P.

Sarmah, learned Additional Senior Govt. Advocate for the State respondent.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 23.02.2018, th passed by the learned Member, Foreigners’ Tribunal (5 ), Darrang, Mangaldai, in Case No. F.T(V) 1047/2016, arising out of S.P Enquiry No. 428 dated 10.02.2015, by which the petitioner was declared to be an illegal migrant /foreigner of the stream of post 25.03.1971 and is liable to be sent back.

3. Aggrieved by the said opinion, the petitioner had filed a review petition which was registered and numbered as Review Petition No. 43 of 2018. The said learned Tribunal by an order dated 23.07.2018 rejected the prayer made in the review petition and consequently, the review petition was dismissed.

4. In this writ petition, it is projected that after the impugned opinion, the petitioner was taken into custody and thereafter released on bail and thereafter, he was once again taken into custody on 25.05.2025 and is presently lodged in Kokrajhar detention camp.

5. The learned counsel for the petitioner has submitted that the name of the father of the petitioner is Sahar Ali, but as he was brought up in the house of Moidan Ali and after attaining the age of majority, in the electoral roll of 1989, the name of his father was reflected as Nur Islam. It is submitted that due to ignorance, steps were not taken to have the name of the father of the petitioner corrected. Accordingly, in order to prove his paternity, the petitioner in the review petition had made a prayer to have his DNA test conducted. It is further submitted that as the petitioner was taken into custody on two occasions, there was some delay in assailing the impugned opinion.

6. The maintainability of the present writ petition is questioned by the learned standing counsel the FT & Border matters.

7. A perusal of the documents appended to the writ petition shows that in the written statement, the petitioner has clearly stated that his name was enlisted in the voter's list with 'D' mark and that his parents have been residing in village Gorakhat under Dalgaon police station under 73 No. Dalgaon LAC since 1966 and that his parents had cast vote in the year 1970 and that the petitioner had cast his vote in 1997 with his wife at village Rohini Kash under 73 No. Dalgaon LAC and that he has a certificate by the Gaonburah stating that he is the son of Sahar Ali.

8. The oral examination of the petitioner as OPW-1 was recorded on 02.02.2018, wherein he has introduced a stepbrother, namely, Md. Abdul Mazir and the petitioner took a stand that his father had casted his vote in 1966 and exhibited the voter list of 1966 as Ext.1 and his father and ste