GAHC010019182019 2025:GAU-AS:17549

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/1210/2019

SAMSUL HAQUE

D/O.- LT. ABDUL KHALEQUE, A RESIDENT OF VILL- HABIDOLONI, P.O.

ITAKHOLA, P.S.- SOOTEA, DIST- SONITPUR (NOW BIAWANATH) ASSAM.

VERSUS

THE UNION OF INDIA AND 6 ORS.

REP. BY THE MINISTRY OF HOME AFFAIRS, GRIHA MANTRALAYA, NEW

DELHI.

2:THE STATE OF ASSAM

REP. BY THE SECRETARY TO THE GOVT. OF ASSAM

HOME DEPTT.

PIN- 781006

KAMRUP(M)

ASSAM.

3:THE ELECTION COMMISSION OF INDIA

NIRVACHAN SADAN

ASHOKA ROAD

NEW DELHI PIN- 110001.

4:THE STATE CO-ORDINATOR OF NRC

ASSAM

BHANGAGARH

GUWAHATI PIN- 781006.

5:THE DEPUTY COMMISSIONER

SONITPUR

DIST.- SONITPUR ASSAM PIN- 784001.

6:THE SUPERINTENDENT OF POLICE (BORDER)

SONITPUR DIST.- SONITPUR ASSAM PIN- 784001.

7:THE MEMBER FOREIGNERS TRIBUNAL -(2)

SONITPUR TEZPUR ASSAM. PIN- 784001 Advocate for the Petitioner : MR. S SAHU, MR. A K SAHU Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,MR J PAYENG,SC, NRC,MS. A VERMA,SC, ECI,MR. D BARUAH BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

ORDER

10.12.2025 Date :

(K.R. Surana, J)

Heard Mr. S. Sahu, learned counsel for the Petitioner. Also heard Mr.

S.K. Medhi, learned CGC; Mr. J. Payeng, learned standing counsel for the FT and Border matters; Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. H.K.

Hazarika, learned Junior Govt. Advocate.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the opinion dated 23.10.2018, passed by learned Member, Foreigners’ Tribunal (Second), Sonitpur, Tezpur, in F.T. Case No.409/2012, arising out of S.P. Case No. 1195/03, thereby declaring the petitioner to be a foreigner post 25.03.1971 stream.

3. Upon receipt of notice, the petitioner had appeared before the learned Tribunal and filed his written statement and took a defence that he was born on 28.09.1976 at Habidalani Gaon under Sootea Police Station. His father's name is Late Abdul Khalek @ Bhekuli and mother's name is Late Fatema @ Fatema Sikdari @ Fatema Ali, who were original residents of village Habidalani under Itakhola Post Office and Sootea Police Station under Mouza Nagsankar, District- Sonitpur, Assam and their names appeared in the Electoral Roll of 1971 and 1993 as a voter under Sootea L.A.C. His name appeared in the voter's list of 2013. He also projected that the marriage between his parents was solemnized in the year 1959, and in the year 1960 a court case was instituted against the parents of the petitioner and they were served with a summons from the Court of Sadar Sub-Divisional Magistrate, Tezpur requiring their attendance on 07.01.1960. The father of the petitioner possessed, purchased and possessed a land at village Habidalani, which is still under their possession and the petitioner has a voter I.D. card.

4. In support of his defence, the petitioner examined himself as DW-1 and had exhibited several documents, viz., (i) HSLC Admit Card (Ext.1), (ii) Certified copy of the Kabil Nama (Ext.2), (iii) Certified copy of the Voter List of 1971 (Ext.3), (iv) Certified copy of the Voter List of 1993 (Ext.4), (v) Certified copy of the Voter List of 2005 (Ext.5), (ivi) Certified copy of the Voter List of 2013 (Ext.6), (vii) Govt. Gaon Bura Certificate (Ext.7), (viii) Court summons (Ext.8), (ix) Certified copy of the draft Jamabandi (Ext.9), (x) Periodic Khiraj patta (Ext.10), (xi) Certified copy of the Jamabandi (Ext.11), (xii) Certified copy of the Jamabandi (Ext.12), (xiii) EPIC of Samsul Ali (Ext.13), 5. The petitioner had also examined his projected brother, namely Akon Ali, son of Abdul Khalek, as DW-2, who had filed his evidence-on-affidavit and thereafter, he was cross-examined on 05.06.2018. The said DW-2 had exhibited the following documents, viz., (i) Certified copy of the Voter List of 2005 of DW- 2 (Ext.14), (ii) EPIC of DW-2 (Ext.15), (iii) Certified copy of the Voter List of

2014 of DW-2 (Ext.16).

6. As per page 94