GAHC010249862018 2025:GAU-AS:17223

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/7909/2018

MANIRUDDIN KHA @ MANUR UDDIN

S/O- LT AMIR UDDIN KHA @ AMIR, R/O- VILL- BALIGAON, P.S. THELAMARA, MOUZA- NAHARBARI, DIST- SONITPUR, ASSAM

VERSUS

THE UNION OF INDIA AND 5 ORS.

THROUGH THE MINISTRY OF HOME AFFAIRS, GRIHA MANTRALAYA,

NEW DELHI- 110011

2:THE STATE OF ASSAM

THROUGH THE SECY.

TO THE GOVT. OF ASSAM

HOME DEPTT.

DISPUR

GHY-6

3:THE ELECTION COMMISSION OF INDIA

NIRVACHAN SADAN ASOKA ROAD

NEW DELHI- 110001

4:THE STATE CO-ORDINATOR

NATIONAL REGISTRATION OF CITIZEN

ASSAM

BHANGAGARH

GHY-5

5:THE DY. COMMISSIONER

SONITPUR

P.O. TEZPUR

DIST- SONITPUR

ASSAM PIN- 784001

6:THE SUPERINTENDENT OF POLICE (B)

SONITPUR P.O. TEZPUR DIST- SONITPUR ASSAM PIN- 78400 Advocate for the Petitioner : MD. I HUSSAIN, MR. L R MAZUMDER Advocate for the Respondent : ASSTT.S.G.I., SC, ELECTION COMMISSION.,SC, NRC,SC, F.T 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 I. Hussain Advocates for the respondents : Shri J. Payeng, SC-Home & NRC Shri HK Hazarika, GA – Assam Shri A.I. Ali, SC – ECI Shri CKS Baruah, CGC Date on which judgment is reserved : 24.11.2025 Date of pronouncement of judgment : 12.12.2025 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 24.09.2018 passed by the learned Foreigners’ Tribunal No. 8, Tezpur in F.T. Case No. 1401/2017 corresponding to Police Enquiry No. TZP(B) Case No. 242/04. 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), Sonitpur District, against the petitioner giving rise to the aforesaid Case No. 1401/2017.

(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 16.05.2018 along with certain documents and had claimed to be an Indian Citizen. He had adduced evidence as DW1.

(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 I. Hussain, learned counsel for the petitioner. We have also heard Shri J. Payeng, learned Standing Counsel, Home Department & NRC, Assam; Shri A.I. Ali, learned Standing Counsel, Election Commission of India; Shri H.K. Hazarika, learned Additional Senior Government Advocate, Assam and Shri CKS Baruah, learned CGC.

4. Shri Hussain, 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 held the petitioner to be a citizen of India. In this regard, he has referred to the evidence on affidavit by the petitioner as DW and also the following documentary evidence-

i. Voter List, 1965 (Exbt -A)

ii. Gift Deed, 1969 (Exbt – B) iii. Voter List, 1970 (Exbt – C) iv. Sale Deed, 1982 (Exbt – D)

v. Electoral Roll, 1997 (Exbt – E)

vi. Voter list, 2010 (Exbt – F)

5. Shri Hussain, the learned counsel for the petitioner has submitted that the petitioner was born in the year 1946. He has relied upon a voter list of 1965 containing the name of his project