GAHC010031212019 2025:GAU-AS:17587

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/1534/2019

AINUDDIN @ MD. AINUDDIN ALI

S/O. SIRAJ UDDIN @ SIRAJ, VILL. NO2 NOPANI, P.O. ANJUKPANI, P.S.

SAMAGURI, DIST. NAGAON, ASSAM-782139.

VERSUS

THE UNION OF INDIA AND 7 ORS.

TO BE REP. BY THE SECRETARY TO THE GOVT. OF INDIA, HOME DEPTT.,

NORTH BLOCK, NEW DELHI.

2:THE ELECTION COMMISSION OF INDIA

NIRVACHAN SADAN ASHOKA ROAD

NEW DELHI-110001.

3:THE STATE OF ASSAM

TO BE REP BY COMMISSIONER AND SECRETARY TO THE GOVT. OF

ASSAM

HOME DEPTT.

DISPUR

GUWAHATI-06.

4:THE STATE CO-ORDINATOR OF NRC

ASSAM

BHANGAGARH

GUWAHATI-5.

5:ADDITIONAL DIRECTOR GENERAL OF POLICE

ASSAM (BORDER)

BHANGAGARH GUWAHATI-05.

6:THE DEPUTY COMMISSIONER NAGAON DIST. NAGAON ASSAM PIN-782001.

7:THE SUPERINTENDENT OF POLICE (BORDER)

NAGAON DIST. NAGAON ASSAM-782001. 8:THE MEMBER FOREIGNERS TRIBUNAL NO. 2ND NAGAON DIST. NAGAON ASSAM-782001 Advocate for the Petitioner : MR. N ISLAM, MR. T K DEY,MS. L WAJEEDA,MR A MOTALIB Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,MR J PAYENG,SC, NRC,MS. A VERMA,SC, ECI,MR. D BARUAH B E F O R E HON'BLE MR . JUSTICE SANJAY KUMAR MEDHI HON'BLE MR. JUSTICE PRANJAL DAS Advocate for the petitioner : Shri T.K. Dey, Advocate.

Advocate for the respondents : Shri G. Sarma, S.C., Home Deptt. & NRC;

Shri P. Sarma, Addl. Sr. Govt. Advocate Assam;

Shri A.I. Ali, SC, E.C.I &

Shri M.R. Adhikari, C.G.C.

Date on which judgment is : 21.11.2025 Reserved.

Date of pronouncement of : 18.12.2025.

Judgment.

Whether the pronouncement : NA.

is of the operative part of the judgment?

Whether the full judgment : Yes.

has been pronounced?

(S.K. Medhi, J)

JUDGMENT & ORDER The extra-ordinary jurisdiction of this Court has been sought to be invoked by filing this application under Article 226 of the Constitution of India by putting to challenge the opinion rendered vide the impugned order dated 14.09.2018 nd passed by the learned Foreigners’ Tribunal (2 ) Nagaon in F.T. Case No. 2223/2011 arising out of SPs F.T. Ref. Case No. 1258/1998. By the impugned judgment, the petitioner, who was the proceedee before the learned Tribunal, has been declared to be a foreigner post 25.03.1971.

2. The facts of the case may be put in a nutshell as follows:

(i) The reference was made by the Superintendent of Police (B), Nagaon District, against the petitioner giving rise to the aforesaid F.T. Case No. 2223/2011 arising out of SPs F.T. Ref. Case No. 1258/1998;

(ii) Vide an opinion dated 31.10.2016, the learned Tribunal had declared the petitioner a foreigner. However, since the aforesaid opinion was an ex parte one, an application was filed for setting aside the ex parte order which was also rejected vide an order 14.09.2017. Both the aforesaid orders were assailed in WP(C)/2119/2018. The said writ petition was allowed by this Court vide an order dated 16.05.2018 with a direction to produce the petitioner before the learned Tribunal which was to proceed with the Reference.

(ii) As per the requirement u/s 9 of the Foreigner’s Act, 1946, to prove that the proceedee is not a foreigner, the petitioner had filed the written statement along with certain documents and had adduced evidence through himself and three other witnesses.

(iii) The learned Tribunal, after considering the facts and circumstances and taking into account the provisions of Section 9 of the Foreigners’ Act, 1946 had come to a finding that the petitioner, as opposite party had failed to discharge the burden cast upon him and accordingly, the opinion was rendered declaring the petitioner to be a foreign national post

25.03.1971.

3. We have heard Shri T.K. Dey, learned counsel for the petitioner. We have also heard Shri G. Sarma, learned Standing Counsel, Home Deptt. & NRC; Shri P. Sarma, learned Addl. Sr. Govt. Advocate, Assam; Shri A.I. Ali, learned Standing Counsel, ECI and Shri M.R. Adhikari, learned CGC. We have also carefully examined the records which were requisitioned vide an order dated

03.12.2021.

4. Shri Dey, the l