GAHC010132552025

2025:GAU-AS:14533-DB

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/3530/2025

MD JAHIR ALI @ JUHIR

S/O MD. JALIL ALI @ MD. JALIL, VILL- AMARI BARI (REVENUE VILLAGE-

BHERBHERI), P.O.- AMARI BARI, P.S.- RANGAPARA, DIST- SONITPUR,

ASSAM, INDIA, PIN-784101

VERSUS

THE UNION OF INDIA AND 5 ORS.

REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY

OF HOME AFFAIRS, NEW DELHI-110001

2:THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM

HOME DEPARTMENT

DISPUR

GUWAHATI-6

3:THE DISTRICT COMMISSIONER

SONITPUR

TEZPUR

DIST- SONITPUR

ASSAM

PIN-784001

4:THE ELECTION COMMISSIONER OF INDIA

NEW DELHI-110001

5:THE STATE CO-ORDINATOR

NATIONAL REGISTRATION OF CITIZENS (NRC)

ASSAM

GUWAHATI-781005

6:THE SUPERINTENDENT OF POLICE (BORDER)

SONITPUR TEZPUR DIST- SONITPUR ASSAM PIN-78400 Advocate for the Petitioner : MR H R A CHOUDHURY, B BARMAN,J M SULAIMAN,MR. H ALI Advocate for the Respondent : DY.S.G.I., SC, NRC,SC, F.T,SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

28.10.2025 Date :

(K.R. Surana, J)

Heard Mr. J.M. Sulaiman, learned counsel for the petitioner. Also heard Mr. B. Chakravarty, 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 Govt. Advocate for the State respondent.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 09.02.2024, th passed by the learned Member, Foreigners’ Tribunal 7 , Tezpur, Balipara, in Case No. FTDC 1013/16, arising out of Ref No. TZP.(B)/2001/1562 Dtd. 20.08.99, by which the petitioner was declared as an illegal migrant of post 25.03.1971 stream.

3. Upon receipt of notice, the petitioner had appeared before the learned Foreigners Tribunal and filed his written statement on 15.07.2022, claiming that his father, namely, Md. Jalil Ali, a resident of Bihar, abandoned the petitioner and his mother when he was just after 1 (one) month of birth. As his father is untraceable, the petitioner has been residing with his mother and maternal grandparents at Bherbheri (Amaribari) in the district of Sonitpur, Assam. The petitioner has stated that his maternal grandfather is Late Ruhul Amin @ Ruhula Min, who had cast his vote in the year 1960 under Balipara LAC and has a legacy data in respect of the voter list of 1960. His maternal grandfather and maternal grandmother, Late Aisha Khatun @ Aisha Begum had cast their vote in the year 1965/1966 from No.78 Balipara LAC. He also claims that his maternal grandparents, maternal uncle, Amir Hussain and mother, Firoja had cast their votes in the year 1979. His maternal grandfather died in the year 1990. The name of the petitioner’s grandmother, uncle, Sans Ali, mother, uncle, Idrish Ali, and his own name appeared in the voter list of 1997 of 74 Rangapara LAC and they had cast their vote in the year 1997. The name of petitioner’s grandmother, mother, uncle, Idrish Ali, aunt, Parbina Begum, and uncle, Chanwach Ali appears in the voter list of 2009 and they had cast their votes in the year 2009. The petitioner claims that Ruhul Amin, Ruhan Arir, Ruhan Amin and Ruhula Min are the names of his maternal grandfather. Accordingly, it has been stated that the petitioner is not a foreigner.

4. In support of his defence, the petitioner has examined himself as DW- 1 and due to inordinate delay, his prayer to call his projected mother as DW-2 was rejected. The petitioner had exhibited the following documents, Birth Certificate issued on 21.04.2017 (Ext.A), School Certificate dated 15.09.1997 (Ext.B), certified copy of voter list of 1960 (Ext.C), certified copy of voter list of 1965/66 (Ext.D), certified copy of voter list of 1971 (Ext.E), certified copy of voter list of 1979 (Ext.F), certified copy of voter list of 1997 (Ext.G), certified copy of voter list of