GAHC010275872025

undefined

THE GAUHATI HIGH COURT

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

Case No. : I.A.(Civil)/4169/2025

ABDUL RAHIM ALIAS MD RAHIM SHEIKH

S/O LATE BAJU SHEIKH, R.O. VILL DIGHALI ATI, CHAPARMUKH, P.S.

RAHA, P.S. DIGHALI ATI, DIST NAGAON, ASSAM, PIN 782446

VERSUS

THE UNION OF INDIA AND 6 ORS

REPRESENTED BY THE SECRETARY OF MINISTRY OF HOME AFFAIRS,

GOVT OF INDIA, NEW DELHI 1

2:THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT

OF ASSAM

HOME DEPARTMENT

DISPUR

GUWAHATI 6

3:THE ELECTION COMMISSIONER OF INDIA

NEW DELHI 01

4:THE COORDINATOR OF NRC

ASSAM

GUWAHATI

BHANGAGARH

GUWAHATI 05

5:THE DEPUTY COMMISSIONER

NAGAON

PO AND PS NAGAON

DIST NAGAON

ASSAM

PIN 782001

6:THE SUPERINTENDENT OF POLICE (BORDER)

NAGAON PO AND DIST NAGAON ASSAM PIN 782001

7:THE OFFICER IN CHARGE RAHA POLICE STATION NAGAON ASSAM PIN 7824 Advocate for the Petitioner : MR. A R SIKDAR, MR. S I TALUKDAR,MR. M H TALUKDAR Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, NRC,SC, F.T,SC, ECI BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

19.12.2025 (K.R. Surana, J)

Heard Mr. M.H. Talukdar, learned counsel for the applicant. Also heard Mr. A.I. Ali, learned standing counsel for the ECI, Mr. G. Sarma, learned standing counsel for the NRC, Mr. J. Payeng, learned standing counsel for the FT and Border Matters, and Mr. P. Sarma, learned Addl. Senior Govt. Advocate.

2. By filing this Interlocutory application, the applicant who is the applicant in the connected unregistered Review Petition, has prayed for condoning the delay of 1850 days beyond the period of limitation in filing the said review petition.

3. It appears that there is a mistake in calculating the delay, which ought to have been 2567 days or 7 years, 10 days. It may be stated that the Supreme Court of India by its orders had extended the period of limitation due to Covid-19 pandemic from 25.03.2020 till 01.03.2022. However, the said period was never excluded for the purpose of calculating the delay. In this case, the instant application has been filed on 10.12.2025, more than 3 years, 9 months after the Covid-19 pandemic period, the period for which limitation was extended cannot be excluded from calculation of delay. Therefore, from 31.10.2018 till 12.10.2025, the delay is of 2567 days. By excluding 30 days’ time available to file review, the resultant delay would be 2567 days or 7 years, 10 days.

4. The connected unregistered Review Petition has been filed on 10.12.2025, under Chapter-X of the Gauhati High Court Rules read with Section 114 and Order XLVII, Rule 1 of the Civil Procedure Code, for review of the order dated 31.10.2018, passed by this Court in W.P.(C) No. 7436/2018.

The backdrop facts in this case:

5. The backdrop facts in this case is that upon receipt of notice, th the applicant had appeared before the Foreigners Tribunal (6 ), Nagaon in th connection with the proceedings registered and numbered as NFT (6 ) 294/2016 [in Ref. Case No.D-2804/98]. But, the applicant had remained willfully and/or negligently absent without taking any steps since 20.04.2017. Accordingly, the learned Tribunal gave an ex parte opinion to the effect that the applicant has illegally entered into India after 25.03.1971 and is a foreigner.

6. Thereafter, the applicant had filed an application under Order IX th Rule 13 CPC, which was registered as Misc. Case No. NFT(6 ) – 10/2007, wherein prayer was made for vacating the learned Tribunal’s ex parte opinion dated 07.06.2013. Along with the said application, the applicant had filed a separate application under Section 5 of the Limitation Act, 1963 for condoning the delay of 130 days in filing the Misc. Case.

7. In support of the said Misc. Case, the applicant had filed a medical certificate dated 19.04.2017, which had the signature of Medical & Health Officer-I of B.P. Civil Hospital, Nagaon to support the plea that the applicant was ill for which he could not appear in the proceeding before the lear