GAHC010271972025 2025:GAU-AS:17715

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/7018/2025

ABUL ALI ALIAS ABDUL HUSSAIN

SON OF LATE DARAJ ALI ALIAS DARAJ UDDIN

VILLAGE- BORPATHAR GAON

P.S. BORPATHAR

DISTRICT- GOLAGHAT

ASSAM

PIN - 785602.

VERSUS

THE UNION OF INDIA AND 5 ORS

REPRESENTED BY THE THE MINISTRY OF HOME AFFAIRS

NEW DELHI-110001.

2:THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM

HOME DEPARTMENT

DISPUR

GUWAHATI-781006.

3:THE DISTRICT COMMISSIONER

GOLAGHAT

DIST. GOLAGHAT

ASSAM

PIN- 785621.

4:THE SUPERINTENDENT OF POLICE (B)

GOLAGHAT

ASSAM

PIN- 785621.

5:THE ELECTION COMMISSION OF INDIA NEW DELHI-110001.

6:THE STATE CO-ORDINATOR NATIONAL REGISTRAR OF CITIZENS (NRC)

BHANGAGARH PIN- 781032.

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Advocate for : MR. A M AHMED Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

18.12.2025 Date :

(K.R. Surana, J)

Heard Mr. I. Hussain, learned counsel for the petitioner. Also heard Mr. H. Gupta, learned CGC for respondent no.1; Mr. H.K. Hazarika, learned Govt. Advocate for respondent no.3; Mr. J. Payeng, learned standing counsel for the FT and Border matters, respondent nos. 2 and 4; Mr. H. Kuli, learned counsel, appearing on behalf of Mr. A.I. Ali, learned standing counsel for respondent no.5; Mr. G. Sarma, learned standing counsel for NRC, respondent no. 6.

2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Abul Ali @ Abdul Hussain, has assailed the ex parte opinion dated 19.06.2012, passed by the learned Member, Foreigners Tribunal, Golaghat in Case No. FTG. 476/07 [Corresponding to IM(D)T Police Case No. 18/04], by which the petitioner was declared to be a foreigner as per Section 2(a) of the Foreigners Act, 1946, who has entered Assam illegally on or after 25.03.1971.

3) The hereinbefore referred case was registered upon reference made by the Superintendent of Police (Border), Golaghat.

4) From the impugned order, it appears that the notice of the proceeding was served on the petitioner. He appeared before the learned Tribunal and prayed for time to file his written statement and documents and on the next date, i.e. 18.12.2009. Thereafter, the petitioner failed to appear on 02.02.2010, 31.03.2010, 19.05.2010, 28.06.2010, 11.08.2010, 22.09.2010, 15.11.2010, 07.01.2011, 05.03.2011, 23.05.2011, 05.08.2011, 01.10.2011, 03.12.2011, 09.03.2012 and 11.05.2012 respectively, i.e. 15 (fifteen) dates. Thus, with full knowledge of the proceeding, the petitioner did not contest the proceeding. The learned Tribunal had examined the Enquiry Officer, who had stated that the petitioner did not produce any document during enquiry. Thus, by the impugned ex parte opinion dated 19.06.2012, the petitioner was declared to be a foreigner as per Section 2(a) of the Foreigners Act, 1946, who had entered into Assam (India) after 25.03.1971 from Bangladesh.

5) As the present writ petition to assail the impugned ex parte

1 opinion dated 19.06.2012, has been filed after about 13 / years on 04.11.2025, 2 the learned counsel for the petitioner was asked to address the Court on huge and inordinate delay and laches.

6) The learned counsel for the petitioner, by referring to the statements made paragraphs 6 to 8 and 10 to 12 in the writ petition, has submitted that the petitioner is a poor and illiterate person belonging to indigenous Muslim community of Assam. He had engaged an advocate and paid some fees and provided him with documents. The said advocate assured him to take all steps and asked the petitioner not to worry because he belonged to indigenous Muslim community. Therefore, the petitioner was sitting silently. The petitioner came to know about the ex parte opinion only after he was taken into custody on 24.05.2025 and sent to Temporary Jail/ Transit Camp at Matia th Goalpara and thereafter, shifted to Holding Area under 7 AP Bn.