GAHC010036292017

2023:GAU-AS:12469-DB

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/5128/2017

MILAN DEB NATH

S/O. LT. PARESH DEB NATH, VILL. DEVIPUR, P.O. SIBPUR, P.S. LAKHIPUR,

DIST. CACHAR, ASSAM.

VERSUS

THE UNION OF INDIA and 3 ORS.

THROUGH- THE MINISTRY OF HOME AFFAIRS, GRIHA MANTRALAYA,

NEW DELHI.

2:THE STATE OF ASSAM

THORUGH- THE SECRETARY

TO THE GOVT. OF ASSAM

HOME DEPTT.

DISPUR

GUWAHATI-6.

3:THE DY. COMMISSIONER

CACHAR

P.O. AND DIST. CACHAR

ASSAM.

4:THE SUPERINTENDENT OF POLICE BORDER CACHAR

DIST. CACHAR

ASSAM

Advocate for the Petitioner : MR. R DHAR, MRS. R RONGMEI

Advocate for the Respondent : ASSTT.S.G.I., GA, ASSAM

BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

22.10.2025 Date :

(K.R. Surana, J)

Heard Ms. D. Gonmei, learned counsel appearing on behalf of Mr. R.

Dhar, learned counsel for the petitioner. Also heard Also heard Ms. S. Baruah, 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 and Mr. A.I. Ali, learned standing counsel for the ECI.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Sri Milan Deb Nath, has assailed the impugned opinion dated 30.12.2016, passed by the learned Member, Foreigners’ Tribunal th th -5 , Silchar, in Case No. FT. 5 /44/2016, arising out of Foreigners Act Case No. 103/2012, thereby declaring that the petitioner is a foreigner and not a citizen of India.

3. In view of the order proposed to be passed, the Court does not find any requirement of referring to the pleadings and evidence on record as it is seen that apart from referring to Ext.I to Ext.V, none of the said documents have been discussed in the impugned opinion. Accordingly, the Court is inclined to extract the contents of the opinion dated 30.12.2016 hereinbelow: “This is a Reference Case sent by the S.P Cachar, Silchar under Rule 2 (1) of Foreigners Tribunal Order, 1964 for giving opinion as to whether the Proceedee Sri. Milon Debnath, S/o Late Poresh Debnath of village Devipur under P.S - Lakhipur, Dist.

Cachar is a Citizen of India or not.

On receiving the Reference Case vide Foreigners Act Case No. - 103/2012, this Foreigner's Tribunal 5th, Silchar has registered a Case as F.T.5th/44/2016 and ssued notice to serve upon the Proceedee Sri. Milon Debnath, S/o Late Poresh Debnath through O/c Lakhipur P.S under Rule 3 (1) of Foreigners Tribunal Order, 1964.

The Proceedee appeared, filed written statements, submitted his examination-

in-chief and deposited some exhibited documents in support of his case. The Proceedee has been cross examined by the A.G.P.

Exhibit I is the voter list of 1966 wherein the name of the grandfather of the Proceedee was recorded.

Exhibit II is the School Certificate of the father of the Proceedee showing the link of grandfather of the Proceedee.

Exhibit III is the voter list of 2015 wherein the name of the Proceedee was recorded.

Exhibit-IV is marked in the Legacy Data code of the father of the Proceedee for the year 1971.

Exhibit-V is the Kaccha Patta of land issued in the name of the father of the Proceedee.

The Proceedee filed no documents for the period from 1967 to 2014 and no explanation for the same.

Hence, the Proceedee could not be able to prove his Case under Section - 9 of the Foreigners Act, 1946.

Therefore in my considered opinion, the Proceedee Sri. Milon Debnath, S/o Late Poresh Debnath of village Devipur under P.S - Lakhipur, Dist-Cachar, Assam is a Foreigner and not a Citizen of India. The Proceedee shall be kept in the Detention Camp till his deportation and his name should be struck off from all the Govt papers/documents including Voter List, Ration Card, Bank Passbook etc. Inform the DC and the S.P (B), Cachar, Silchar for their needful action.”

4. It is noticed from the hereinbefore quoted opinion that the petitioner has not referred to the conten