GAHC010233622018 2025:GAU-AS:17470

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/7447/2018

MUKLESH UDDIN @ MUKLESH ALI

S/O- LT ABDUL MAZID, VILL- BHEHUGURI, P.O. SILPUKHURI, P.S.

MIKIRBHETA, DIST- MORIGAON (ASSAM), PIN- 782123

VERSUS

THE UNION OF INDIA AND 5 ORS.

REP. BY THE MINISTRY OF HOME AFFAIRS,, NEW DELHI- 110001

2:THE STATE OF ASSAM

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

HOME DEPTT.

DISPUR

GHY-6

3:THE DY. COMMISSIONER

MORIGAON

DIST- MORIGAON

ASSAM 782105

4:THE SUPERINTENDENT OF POLICE (B)

MORIGAON

ASSAM 782105

5:ELECTION COMMISSION OF INDIA

NEW DELHI- 110001

6:THE STATE COORDINATOR

NATIONAL REGISTER OF CITIZEN (NRC)

ASSAM

PIN- 78103 Advocate for the Petitioner : MR H R A CHOUDHURY, MR. A MATIN,MRS H AHMED Advocate for the Respondent : ASSTT.S.G.I., SC, NRC,SC, ELECTION COMMISSION.,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

11.12.2025 Date :

(K.R. Surana, J)

Heard Mr. A.M. Ahmed, learned counsel for the petitioner. Also heard Mr.

S.P. Choudhury, learned CGC; Mr. A.I. Ali, learned standing counsel for the ECI; Mr. G. Sharma, learned standing counsel for the FT matters and NRC;

and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for respondent.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 27.06.2018, rd passed by the learned Member, Foreigners’ Tribunal No. 3 , Morigaon Assam, in Case No. F.T. 81/2015, arising out of Reference F.T. Case No. 100/2004, dated 20.09.2004, by which the petitioner was declared to a foreigner who has illegally entered into the Indian territory after 25.03.1971 and therefore, declared foreigner under Section 2(a) of the Foreigners Act, 1946.

3. The petitioner, on receipt of the notice of the proceedings appeared before the learned Tribunal, inter alia, the name of his deceased father was enlisted in voter’s of 1966 and 1970 of 84 No. Laharighat LAC in village- Behuguri, under Laharighat Police Station in the district of Nagaon. The name of the petitioner was enlisted in the voter’s of 1985 and 2005 under 84 No.

Batadrava LAC of the same village and he also claimed that the father of the petitioner has landed property in village-Behuguri. Accordingly, it was submitted that the petitioner and father were not foreigners and did enter India after 25.03.1971 and are Indian Citizens.

4. In support of his evidence, the petitioner had examined himself as DW-1. He stated that one of the opposite parties in the proceedings was Abdul Mazid, his father, who had expired about 10 (ten) years back. It is stated that he did not attend school when his father casted vote in the year 1966 and 1970 and he had submitted land documents and he had casted his first vote in 1985 and thereafter, he is casting vote regularly. He had exhibited the voter’s list of 1966 of Abdul Mazid (Ext.A), Jamabandi Copy containing the name of the grandfather (Ext.B), Jamabandi Copy his projected father (Ext.C), Gaonpanchayat certificate (Ext.D) and Gaonburah certificate (Ext.E). In his cross-examination, he had stated that his father expired 10 (ten) days back and were born and brought up in Behuguri. He has 5 (five) brothers, namely, Muzibur, Azizul, Abdul Hasen, Abdul Kadir and Abul. His father hailed from Behuguri, his grandfather’s name is Abdul Rahman and his mother’s name is Jamena Khatun, who is alive and living with him. He has 3 (three) Paternal uncles, namely, Miason, Alison, … (illegible) and not reproduced in the certified copy. He has stated that Miason has one son Jakir Hussain and Alison has 3 (three) sons, namely, Gofur, Mannes, Kasrem were all settled in Behuguri. No further witnesses were examined.

5. The learned Tribunal, on appreciating the pleadings and evidence on record, took note of the evidence on record, stating that in Ext. A, the voter’s list of 1966, the name of the voter is A. Mozid, son of Rahman and there is no other vote