GAHC010272802025

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/7084/2025

MD. AMIR HUSSAIN ALIAS AMIR HUSSAIN

S/O - LT. SUBHAN ALI ALIAS SOBAHAN ALI, R/O.- VILL. NO.1 BHANDARA

PART, P.S. - MANIKPUR SUB-DIVISION- BIJNI, DIST - BONGAIGAON,

ASSAM. PIN-783390.

VERSUS

THE UNION OF INDIA AND 6 ORS

REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, HOME

DEPARTMENT, NEW DELHI-1.

2:THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM

HOME DEPARTMENT

DISPUR

GUWAHATI- 06

3:THE ELECTION COMMISSION OF INDIA

NIRVACHAN SADAN

ASHOK ROAD

NEW DELHI

PIN-110001

4:THE STATE COORDINATOR

NATIONAL REGISTRATION OF CITIZEN

ASSAM

BHANGAGARH GUWAHATI- 05.

5:THE DISTRICT COMMISSIONER

BONGAIGAON

DIST. BONGAIGAON ASSAM PIN - 783380.

6:THE SUPERINTENDENT OF POLICE (B)

BONGAIGAON DIST. BONGAIGAON ASSAM. PIN-783380

7:THE OFFICER- IN-CHARGE MANIKPUR POLICE STATION DISTRICT- BONGAIGAON ASSAM PIN-783392 Advocate for the Petitioner : MR. M I HUSSAIN, MS. P AHMED,N. UDDIN,R KHA Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

Date : 12-12-2025 (K.R. Surana, J)

Heard Mr. M.I. Hussain, learned counsel for the petitioner. Also heard Mr. S.S. Roy, learned CGC; Mr. G. Sarma, learned standing counsel for the FT and Border matters; Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Md. Amir Hussain @ Amir Hussain has assailed the impugned ex parte opinion dated 06.10.2022, passed by the learned Member, Foreigners’ Tribunal No.1, Bongaigaon, Assam, in Case No. BNGN/FT/677/2010, arising out of Ref. IM(D)T No. 877/2002, thereby, declaring the petitioner to be foreigner post 25.03.1971 stream.

3. The learned counsel for the petitioner, by referring to the contents of the said ex parte opinion dated 06.10.2022 as well as the process service report which forms a part of Annexure-10, has submitted that the notice of the proceedings was affixed by hanging it in the compound of Bhandara Gaon Panchayat located in presence of 2 (two) witnesses. Accordingly, it is submitted that the service of notice was not in accordance with Order 3(5)(f) of the Foreigners’ (Tribunals) Order, 1964, which requires that the notice shall be affixed on the outer door or some other conspicuous part of the house in which the proceedee last resided.

4. Per contra, the learned Standing Counsel made a submission in support of the ex parte opinion and he submitted that the process was served by hanging it in the compound of Bhandara Gaon Panchayat. Accordingly, he submits that the service of notice on the petitioner is not in accordance with the provisions of Order 3 of the Foreigners (Tribunals) Order, 1964.

5. It would be appropriate to quote the provisions of Order 3(5)(f) of the Foreigners (Tribunals) Order, 1964:-

“Order - 3. Procedure for disposal of questions (5)(f) if the proceedee has changed the place of residence or place of work, without intimation to the investigating agency, the process server shall affix a copy of the notice on the outer door or some other conspicuous part of the house in which the proceedee ordinarily resides or last resided or reportedly resided or personally worked for gain or carries on business, and shall return the original to the Foreigners Tribunal from which it was issued with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did do, and the name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed;”

6. A rough English translation of the process report dated 29.06.2022 is also extracted below:-

“Translated Typed Copy (Relevant Portion)

I/C (B) Manikpur P.S. Please serve and return early.

1. HC