GAHC010225242025

2025:GAU-

AS:13947-DB

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/5976/2025

MOMOR ALI ALIAS MUMUR ALI

S/O- LT. SOHAR ALI, PERMANENT RESIDENT OF VILL- PASHUAR KHAL PT-

1, P.O- BARKANDA, P.S.- BILASIPARA, DIST- DHUBRI, PIN-783348, ASSAM

VERSUS

THE UNION OF INDIA AND 6 ORS

REPRESENTED BY SECRETARY TO THE MINISTRY OF HOME AFFAIRS,

GOVT OF INDIA, NEW DELHI-1.

2:THE STATE OF ASSAM

REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT

OF ASSAM

DEPARTMENT OF HOME

DISPUR

GUWAHAT- 6.

3:THE ELECTION COMMISSION OF INDIA

REPRESENTED CHIEF ELECTION COMMISSIONER

NEW DELHI-1.

4:THE STATE CO-ORDINATOR OF NATIONAL REGISTER OF CITIZEN (NRC)

ASSAM

HOUSEFED COMPLEX

2ND FLOOR

BONFUL NAGAR

GUWAHATI-38.

5:THE DISTRIC COMMISSIONER

DISTRICT- GOLAGHAT

ASSAM

6:THE SUPERINTENDENT OF POLICE (B)

DISTRICT- GOLAGHAT PIN- 785621.

7:THE OFFICER IN CHARGE OF KUMARGAON POLICE STATION GOLAGHAT P.O P.S. AND DIST. GOLAGHAT ASSAM Advocate for the Petitioner : MR. S U AHMED, MR A K AZAD,A M RAHMAN Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

17.10.2025 Date :

(N.Unni.Krishnan Nair, J)

Heard Mr. S. U. Ahmed, learned counsel for the petitioner. Also heard Mr. M. R. Adhikari, learned C.G.C; Mr. P. Sarma, Additional Senior Government Advocate; Mr. G. Sarma, learned Standing Counsel, F.T. matters and NRC; Mr. H. Kuli, learned counsel, appearing on behalf of Mr. A.I. Ali, learned Standing counsel, ECI, appearing for the Respondent.

2. The present writ petition has been instituted assailing the order dated 18.03.2025, passed by the learned Foreigners Tribunal, Jorhat, Assam, in F.T. case no. FTG.999/2011, declaring the petitioner, herein, to be a foreigner of post 25.03.1971 period.

3. The learned counsel for the petitioner at the outset had submitted that the said opinion was rendered by the learned Foreigner Tribunal by holding that the notice issued by it was duly served upon the petitioner under the provision of Section 3(5)(g) of the Foreigners(Tribunals) Order 1964. He submits that the petitioner had not received any notice in the matter from the Foreigners Tribunal, preventing him from appearing before it.

4. The learned counsel for the petitioner has further submitted that in pursuance to the ex parte order opinion dated 18.03.2025, the petitioner was placed under detention on 25.05.2025 and continues to be under detention as on date.

5. Mr. G. Sarma, learned Standing Counsel, F. T, appearing for the State Respondents has submitted that an opinion having been rendered by the learned Tribunal, the same has to be maintained, inasmuch as, the petitioner has not even in the present proceedings demonstrated that he was an Indian citizen and the reference as made against him was erroneous.

6. We have heard the learned counsel for the parties and also perused the materials available on record.

7. On a perusal of the opinion dated 18.03.2025, it reveals that the notices issued upon the petitioner by the Foreigners Tribunal was not served, inasmuch as, the petitioner was found to have left his place of residence for unknown destination. It is seen that the notice was pasted, by the process server, on the wall of the Gaon Panchayat office in the presence of Gaon Pradhan.

Further, it is also seen that the notice issued to the petitioner at his permanent address was also returned unserved with a report of the process server that village Boilkamari Gaon has 3(three) parts and since the specific part was not mentioned in the notice, the process server was not in a position to serve the notice, in question. 8. The provisions of order under Section 3(5)(g), mandates that when the proceedee or any adult member of his/her family is not found at the residence, a copy of the notice shall be pasted in a conspicuous place of his/her residence, witness by one respectable person of the locality, subject to his/her availability