GAHC010241692025

2025:GAU-AS:17137-DB

THE GAUHATI HIGH COURT

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

Case No. : I.A.(Civil)/3966/2025

RAHMAN ALI ALIAS RAKHMAN ALI

R/O VILL. DUBADUBI, P.S. SARTHEBARI, DIST. BARPETA, ASSAM.

2: MAHIDUL ALI

S/O RAHMAN ALI @ RAKHMAN ALI

R/O VILL. DUBADUBI

P.S. SARTHEBARI

DIST. BARPETA

ASSAM VERSUS

THE UNION OF INDIA AND 2 ORS

REPRESENTED BY THE SECRETARY TO THE GOVT OF INDIA,

DEPARTMENT OF HOME, NEW DELHI

2:THE STATE OF ASSAM

REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM

DEPTT. OF HOME

DISPUR

GUWAHATI 6

2:THE STATE OF ASSAM

REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM

DEPARTMENT OF HOME

DISPUR

GUWAHATI 6

3:THE SUPERINTENDENT OF POLICE B

BARPETA

PO AND DISTRICT BARPETA ASSAM

3:THE SUPERINTENDENT OF POLICE (B)

BARPETA P.O. AND DIST. BARPETA ASSAM Advocate for the Petitioner : MR. A R SIKDAR, MR. Z H BORA,J A SIKDAR,MR. S I TALUKDAR Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, F.T Linked Case : CS/0/0 RAHMAN ALI ALIAS RAKHMAN ALI RO VILLAGE DUBADUBI PS SARTHEBARI DISTRICT BARPETA ASSAM

2: MAHIDUL ALI RO VILLAGE DUBADUBI PS SARTHEBARI DISTRICT BARPETA ASSAM VERSUS THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVT OF INDIA DEPARTMENT OF HOME NEW DELHI

2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM DEPARTMENT OF HOME DISPUR GUWAHATI 6

3:THE SUPERINTENDENT OF POLICE B BARPETA PO AND DISTRICT BARPETA ASSAM ------------

Advocate for : SHAHIDUL ISLAM TALUKDAR Advocate for : appearing for THE UNION OF INDIA BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

Date : 10-12-2025 [K.R. Surana, J]

1. Heard Mr. A.R. Sikdar, learned counsel for the applicants. Also heard Mr. S.P. Choudhury, learned CGC; Mr. G. Sarma, learned standing counsel for the FT and Border matters; and Mr. P. Sarmah, learned Additional Senior Govt.

Advocate for the State respondent.

2. By filing this review application under Chapter X of the High Court Rules read with Section 114 and Order XLVII, Rule 1 of the CPC, the applicants, namely, Rahman Ali @ Rakhman Ali, Maziran Nessa and Mahidul Ali have prayed for review of the Order dated 31.01.2014 passed by this Court in W.A. No.

390/2013.

3. From the materials available in this review petition, it appears that reference was made by the Superintendent of Police (Border), Barpeta under the IM(D)T Act, expressing doubt regarding the nationality of the applicant no. 1 and his relatives, namely, the applicant no. 2 and the applicant no. 3. Accordingly, a proceeding which was registered as IM(D)T Case no. 30/2004 was registered. It appears that consequent to the judgment of the Supreme Court of India in the case of Sarbananda Sonowal vs. Union of India and another, (2005) 5 SCC 665 whereby, the IM(D)T Act was declared to be ultra vires, by virtue of Government order dated 19.07.2005, references before the Illegal Migrants Determination Tribunal were all transferred for adjudication before the Foreigner’s Tribunal under the Foreigners’ Act, 1946. Accordingly, F.T. Case No. 06(III) of 2012 was registered before the learned Member, Foreigners’ Tribunal-III, Barpeta. By an Opinion dated 11.02.2013, the reference was answered in favour of the State by holding the applicants to have entered into India without authority after 25.03.1971 and accordingly, they were declared to be foreigners/illegal migrants of post 21.03.1971 stream.

4. The said opinion was unsuccessfully assailed in W.P.(C) No. 2017/2013, which was dismissed by the learned Single Judge by an order dated 09.09.2013. 5. The applicants preferred an intra-court appeal which was registered as W.A. No. 390/2013 and the said appeal was also dismissed by order dated

31.01.2014.

6. Aggrieved by the said appellate order, the applicants filed a review petition which was registered as Review Petition No. 63/2014. This Court, in exercise of review jurisdiction, arrived at a conclusion that no notice was served on the review applicant no. 2, namely, Musstt. Maziran Nessa and according