GAHC010178702025

2025:GAU-AS:14786-DB

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/4801/2025

JAMIRUDDIN MOLLAH

S/O LATE ANOWAR MOLLAH, R/O VILL- PUB MAHCHARA, P.S.-

KACHUMARA, DIST- BARPETA, ASSAM

VERSUS

THE UNION OF INDIA AND 5 ORS

REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME

AFFAIRS, GOVT. OF INDIA, SHASTRI BHAWAN, TILOK MARG, NEW DELHI-

1

2:THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE HOME

DEPARTMENT

DISPUR

GUWAHATI-6

3:THE DISTRICT COMMISSIONER

BARPETA

P.O. AND DIST- BARPETA

ASSAM

PIN-781301

4:THE SUPERINTENDENT OF POLICE (B)

BARPETA

P.O. AND DIST- BARPETA

ASSAM

PIN-781301

5:THE ELECTION COMMISSIONER OF INDIA

NEW DELHI-1

6:THE STATE CO-ORDINATOR OF NRC ASSAM HOUSEFED COMPLEX

2ND FLOOR BANPHOOL NAGAR DISPUR GUWAHATI-

Advocate for the Petitioner : MR. A R SIKDAR, J A SIKDAR,MS M SARMA,MR. S I TALUKDAR Advocate for the Respondent : DY.S.G.I., SC, ECI,SC, NRC,SC, F.T,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND J U D G M E N T & O R D E R (ORAL)

31.10.2025 (K.R. Surana, J)

Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mr. S.K. Medhi, learned CGC; Ms. S. Katakey, learned standing counsel for the Election Commission of India; Mr. J. Payeng, learned standing counsel for FT, Border matters and NRC; and Mr. P. Sarmah, learned Addl. Senior Govt.

Advocate.

2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Jamiruddin Mollah, has assailed the order dated th

20.06.2025, passed by the learned Member, Foreigners Tribunal 7 , Barpeta, in F.T. Case No. 36/2019, thereby rejecting the prayer made by the petitioner vide petition no. 480 dated 20.06.2025, for quashing and/or dropping the proceeding against the petitioner on the ground of being barred by principles of res judicata, in view of opinion dated 30.09.2016, passed by the said learned th Tribunal in F.T.(7 Tribunal) Case No. 127/2016 – Union of India v. Jamiruddin Mulla.

3) The learned counsel for the petitioner has submitted that the petitioner has suffered a similar proceeding previously, for which he has extensively referred to the said opinion dated 20.06.2025, passed by the same very Tribunal in F.T. Case No. 36/2019. It has been submitted that all the particulars of the petitioner can easily be verified by the learned Tribunal from the records of the said two proceeding and therefore. It has been submitted that the principles of res judicata applies in the proceedings before the Foreigners Tribunals. To supplement his submissions, the learned counsel for the petitioner has cited the following cases, viz., (i) Tarabanu Begum v. Union of India & Ors., 2025 (4) GLT (SC) 36 (para 5, 6, 7 and 9), (ii) Swapan Dutta v. Union of India & Ors., Civil Appeal No. 6799/2025, decided by the Supreme Court of India on 14.05.2025; (iii) Rejia Khatun @ Rezia Khatun v. Union of India & Ors., Civil Appeal No. (not provided in copy supplied)/2025 [arising out of SLP (Criminal) No. 12481/2023, decided by the Supreme Court of India on 11.02.2025; (iv) Sital Mandal & Ors. v. Union of India & Ors., 2022 (3) GLT 94, (v) Abdul Kuddus v. Union of India & Ors., (2019) 6 SCC 604.

4) Opposing the prayer made in this writ petition the learned standing counsel for the FT, Border matters and NRC, has submitted in support of the impugned order by submitting that under the scheme of the Foreigners (Tribunals) Order, 1964, the Foreigners Tribunals are mandated to answer the reference. It is submitted that though some of the judicial pronouncements have decided that principles of res judicata applies in the proceedings before the Foreigners Tribunals, the provisions of CPC applies only for limited purpose under Order 4 of the Foreigners (Tribunals) Order, 1964, which does not include applicability of Section 11 CPC in the proceedings before the Foreigners Tribunals. In support of his submissions, he has cited the case of Jahir