GAHC010153702025 2025:GAU-AS:17071

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/4083/2025

MUSTT MUMTAZ BEGUM ALIAS MAMTA BEGUM

W/O KASEM ALI D/O ABU BAKAR SIDDIK VILL GUDAMGHAT PO

GUDAMGHAT PO GUDAMGHAT PS CHARIDUAR DIST SONITPUR ASSAM

VERSUS

THE UNION OF INDIA AND ORS

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

AFFAIRS NEW DELHI

2:THE STATE OF ASSAM

REP BY T HE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM

HOME AND POLITICAL DEPTT GUWAHATI 6

3:THE ELECTION COMMISSION OF INDIA

NIRVACHAN SADAR ASHOKA ROAD NEW DELHI 110001

4:THE OFFICE OF THE STATE CO ORDINATOR OF NATIONAL REGISTRAR

OF CITIZENS (NRC)

ASSAM

1ST FLOOR ACHYUT PLAZA G S ROAD BHANGAGARH GUWAHATI 5

5:THE DEPUTY COMMISSIONER SONITPUR

PO AND PS TEZPUR ASSAM PIN 784001

6:THE SUPERINTENDENT OF POLICE (BORDER) SONITPUR

TEZPUR ASSAM 78400

Advocate for the Petitioner : MR. N BORAH, MR M.J. BHARALI,S K LAHAN Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, ECI,SC, NRC,GA, ASSAM

B E F O R E Hon’ble MR. JUSTICE SANJAY KUMAR MEDHI HON’BLE MRs. JUSTICE SUSMITA PHUKAN KHaUND Advocate for the petitioner : Shri N. Borah Advocates for the respondents : Shri J. Payeng, SC- Home Dept. & NRC Shri HK Hazarika, GA – Assam Ms. S. Katakey, SC – ECI Shri AK Gupta, CGC Date on which judgment is reserved : 25.11.2025 Date of pronouncement of judgment : 10.12.2025 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 13.09.2019 passed by the learned Foreigners’ Tribunal No. 7, Sonitpur in Case No. FTDC.624/16 arising out of Reference No. TZP(B) 471/07. 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. FTDC.624/16.

(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 21.05.2018 along with certain documents and had claimed to be an Indian Citizen. He had adduced evidence as DW1 and there are two other witnesses, namely, his father as DW2 and the School Headmaster as DW3.

(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 N. Bora, learned counsel for the petitioner. We have also heard Shri J. Payeng, learned Standing Counsel, Home Department & NRC, Assam; Ms. S. Katakey, learned Standing Counsel, Election Commission of India; Shri H.K. Hazarika, learned Government Advocate, Assam and Shri AK Dutta, learned CGC.

4. Shri Borah, 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 of the three numbers of witnesses and also the following documentary evidence-

i. Voter Identity Card (Exbt -A) ii. School Certificate (Exbt – B)

iii. Gaon Panchayat Certificate (Exbt – C)

iv. Voter list of 1971 (Exbt – D)

v. Voter Identity Card of the father of 2010 (Exbt – E)

vi. Voter list of 2010 (Exbt – F) vii. Vote