GAHC010119382018 2025:GAU-AS:17588

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/3783/2018

LALU SHEIKH @ MALU SHEIKH

S/O. LT. ASKER ALI @ AKSER ALI, VILL. SHIMLABARI PART-II, P.O.

RANGAPANI, P.S. MERERCHAR, DIST. BONGAIGAON, ASSAM

VERSUS

THE UNION OF INDIA AND 5 ORS.

REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME

AFFAIRS, SHASTRI BHAWAN, TILOK MARG, NEW DELHI

2:THE STATE OF ASSAM

REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM

HOME DEPTT.

DISPUR

GHY.

3:THE DY. COMMISSIONER

BONGAIGAON

P.O. AND DIST. BONGAIGAON

ASSAM

4:THE SUPDT. OF POLICE (B)

BONGAIGAON

P.O. AND DIST. BONGAIGAON

ASSAM

5:THE ELECTION COMMISSIONER OF INDIA

NEW DELHI

6:THE ASSAM STATE CO-ORDINATOR OF NRC

BHANGAGARH, GUWAHAT

B E F O R E Hon’ble MR. JUSTICE SANJAY KUMAR MEDHI HON’BLE MRs. JUSTICE SUSMITA PHUKAN KHaUND Advocates for the petitioner : Shri M. H. Talukdar.

Advocates for the respondents : Ms. A. Verma, SC- Home Dept. & NRC Shri P. Sarma, Addl. Sr. GA – Assam Shri A I Ali, SC – ECI Shri RKD Choudhury, Dy. SGI.

Date on which judgment is reserved : 24.11.2025 Date of pronouncement of judgment : 18.12.2025 Whether the pronouncement is of the operative part of the judgment? : NA Whether the full judgment has been pronounced? : Yes Judgment & Order ( S.K. Medhi , J.)

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 impugned order dated 02.02.2018 passed by the learned Foreigners’ Tribunal No. 2, Bongaigaon, Abhayapuri in F.T. Case No. 3336/2008. 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), Morigaon District, against the petitioner giving rise to the aforesaid F.T. Case No.

3336/2008.

(ii) As per 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 dated 23.02.2015 along with certain documents and had claimed to be an Indian Citizen. He had adduced evidence as the sole DW.

(iii) The learned Tribunal, after considering the facts and circumstances and taking into account of 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 M. H. Talukdar, learned counsel for the petitioner. We have also heard Ms. A. Verma, learned Standing Counsel, Home Department & NRC, Assam; Shri AI Ali, learned Standing Counsel, Election Commission of India; Shri P. Sarma, learned Additional Senior Government Advocate, Assam and Shri CKS Baruah, learned CGC.

4. Shri Talukdar, the learned counsel for the petitioner has submitted that the petitioner could prove his case with cogent evidence and in view of the fact that there was no rebuttal evidence, the learned Tribunal should have accepted the said proof and accordingly hold the petitioner to be a citizen of India. In this regard, he has referred to the evidence on affidavit and also the following documentary evidence-

i. Voter List, 1966 : Exbt -i ii. Voter List, 1970 : Exbt – ii iii. Voter List, 1985 : Exbt – iii iv. Pan Card :Exbt- iv v. Voter List, 1997 : Exbt – v vi. Voter List, 2014 : (Exbt – vi vii. Voter Identity Card :Exbt. vii viii. Bank Pass Book : Exbt. – viii ix. Affidavit : Exbt. –ix x. Voter ID of mother of OP :Exbt.-x

5. The learned counsel has drawn the attention of this Court to the voter lists of 1966 containing the name of his grandfather, father and mother followed by the voter lists of 1970 containing the name of his father and mother. The petitioner claims to be enlisted in the voters l