GAHC010166122025

2025:GAU-

AS:17134-DB

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/4320/2025

SAHAR ALI ALIAS MD. SAHAR ALI

S/O- LATE NAYA MIA @ NAYA MIYA, PERMANENT RESIDENT OF VILL.-

BARBALA, P.O. BARBALA, P.S. HOWLY, DIST. BAJALI, ASSAM, PIN- 781316.

VERSUS

THE UNION OF INDIA AND 5 ORS

REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,

MINISTRY OF HOME AFFAIRS, NEW DELHI-110001.

2:THE ELECTION COMMISSION OF INDIA

REPRESENTED BY THE CHIEF ELECTION COMMISSIONER

NEW DELHI-11001.

3:THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM

HOME DEPARTMENT

DISPUR

GUWAHATI-781006.

4:THE DISTRICT COMMISSIONER

BAJALI

PIN- 781325.

5:THE SUPERINTENDENT OF POLICE (B)

BAJALI

PIN- 781325

ASSAM

6:THE COORDINATOR

NATIONAL REGISTER OF CITIZENS BHANGAGARH GUWAHATI-04 Advocate for the Petitioner : MR A W AMAN, MR SARFRAZ NAWAZ,MR. SURAJIT DAS,MD A RAHMAN,SAMIM RAHMAN Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM,SC, NRC,SC, F.T BEFORE HON’BLE MR. JUSTICE SANJAY KUMAR MEDHI HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Advocate for the petitioner : Mr. A. W. Aman Advocate for the respondents : Mr. G. Sarma, SC, Home Deptt. & NRC Mr. H. K. Hazarika, GA, Assam Mr. N.

Kalita (on behalf of Mr. A. I. Ali, SC, ECI)

Mr. M. R. Adhikari, CGC Date on which judgment is reserved : 12.11.2025. Date of pronouncement of Judgment : 10.12.2025.

Whether the pronouncement is of the operative part of the judgment? :

Whether the full judgment has been pronounced? : Yes JUDGMENT AND ORDER (CAV)

(S.P. Khaund, J)

The petitioner Sohar Ali @Mohammad Sohar Ali is aggrieved by the opinion dated 18.03.2023, passed by the learned Member, Foreigners Tribunal, Bajali, Assam in FT Case No. 842/2017, declaring the petitioner to be a foreigner of Post 25.03.1971 Stream. It is averred that the petitioner was declared a foreigner only on the ground that there is a discrepancy relating to his grandfather’s name which appears as Malek in the voters list of 1997, whereas, in the voters list of 1989, the petitioner's grandfather's name appears as Manek. 2. Heard Shri A.W. Aman, learned counsel for the petitioner and Shri G. Sarma, learned Standing Counsel, Home Department & NRC. Also heard Shri H.K. Hazarika, learned State Counsel, Assam; Shri N. Kalita, learned counsel appearing on instructions of Shri A.I. Ali, learned Standing Counsel, ECI and Shri M.R. Adhikari, learned CGC.

3. It is submitted on behalf of the petitioner that as he did not attend school, he could not furnish any school certificate and the khiraj patta of 1971 is the only document which establishes a link between the petitioner and his parents along with his grandparents. The learned counsel for the petitioner has also submitted that the evidence of the Gaonburha as DW-3 cannot be discarded. The Gaonburha is 92 years old and his evidence establishes the petitioner's lineage to prove that the petitioner is an Indian national. Abdul Gafur as DW-3 has stated that he has been working as Gaonburha since 1981 and the petitioner's father, Naya Mia @ Naya Miya is known to him. After verifying the voters list, he had issued the certificate marked as Exhibit-8. The petitioner's father’s name, Naya Mia @ Naya Miya was enrolled in the voters list of 1965.

4. It is submitted on behalf of the petitioner that there is no law that the Gaonburha has to produce an Identity card to bolster the credibility of his evidence. It is submitted that right from 1965, the petitioner has proved his presence in the same village along with his parents and grandparents. It is further contended that despite observing in para-21 of the impugned opinion that the petitioner could establish his lineage with his parents and he is the son of Indian parents, the learned Tribunal subsequently contradicting its own observation, declared the petitioner to be a foreigner.

5. The petitioner has relied on the decision of the Hon'ble Supreme Court in Sirajul Hoque Vs. The State of Assam & O