GAHC010288232018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/86/2019 BABOR ALI AND 7 ORS.

S/O LATE TAMIZ ALI @ TAMIZUDDIN, R/O. VILL- PACHIM BORKHAL, P.O. KILLING VALLEY, P.S. JAGIROAD, PIN- 782410, DIST. MORIGAON, ASSAM.

2: MUSSTT. REJIA KHATUN @ RASIA KHATOON W/O. MD. BABOR ALI D/O ABDUL AZIZ R/O. VILL- PACHIM BORKHAL P.O. KILLING VALLEY P.S. JAGIROAD PIN- 782410 DIST. MORIGAON ASSAM.

3: MD. SABUR ALI @ SUBUR ALI S/O MD. BABOR ALI R/O. VILL- PACHIM BORKHAL P.O. KILLING VALLEY P.S. JAGIROAD PIN- 782410 DIST. MORIGAON ASSAM.

4: MD. FAZAR ALI @ FAZUR ALI S/O MD. BABOR ALI R/O. VILL- PACHIM BORKHAL P.O. KILLING VALLEY P.S. JAGIROAD PIN- 782410 DIST. MORIGAON ASSAM.

5: MUSSTT. MUNU BEGUM @ MANOWARA BEGUM D/O MD. BABOR ALI R/O. VILL- PACHIM BORKHAL P.O. KILLING VALLEY P.S. JAGIROAD PIN- 782410 DIST. MORIGAON ASSAM.

6: MUSSTT. MOMINA BEGUM D/O MD. BABOR ALI R/O. VILL- PACHIM BORKHAL P.O. KILLING VALLEY P.S. JAGIROAD PIN- 782410 DIST. MORIGAON ASSAM.

7: MUSSTT. RAHILA BEGUM D/O MD. BABOR ALI R/O. VILL- PACHIM BORKHAL P.O. KILLING VALLEY P.S. JAGIROAD PIN- 782410 DIST. MORIGAON ASSAM.

8: RAHIMA BEGUM @ KHATOON REP. BY HER FATHER MD. BABOR ALI. R/O. VILL- PACHIM BORKHAL P.O. KILLING VALLEY P.S. JAGIROAD PIN- 782410 DIST. MORIGAON ASSAM VERSUS THE UNION OF INDIA AND 6 ORS.

REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001.

2:THE CHIEF ELECTION COMMISSIONER ELECTION COMMISSION OF INDIA ASHOKA ROAD NEW DELHI- 110001.

3:THE STATE OF ASSAM REP. BY ITS SECRETARY GOVT. OF ASSAM HOME DEPTT.

DISPUR GUWAHATI-6.

4:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI- 781007.

5:THE STATE COORDINATOR OFFICE OF THE STATE COORDINATOR OF NATIONAL REGISTER OF CITIZENS (NRC)

ASSAM G.S. ROAD BHANGAGARH GUWAHATI- 781005.

6:THE DEPUTY COMMISSIONER MORIGAON DIST. MORIGAON ASSAM PIN- 782104.

7:THE SUPERINTENDENT OF POLICE (BORDER)

MORIGAON DIST. MORIGAON ASSAM PIN- 78210 Advocate for the Petitioner : MR. K LAHKAR, Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,MR J PAYENG,SC, NRC,MS. A VERMA,SC, ECI,MR. D BARUAH BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

Date: 22.01.2026

(A.M. Kalita, J)

Heard Mr. K. Lahkar, learned counsel for the petitioners. Also heard Ms. R. Devi,

learned CGC, Mr. A. I. Ali, learned Standing Counsel for the ECI; Mr. G. Sarma, learned Standing Counsel FT & Border matters and Mr. P. Sarma, learned Addl. Senior Government Advocate, Assam.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioners have assailed the impugned opinion dated 18.05.2018, passed by the learned Foreigners’ Tribunal No. 1^st, Morigaon, Assam in FT (C) Case No. 849/2006, whereby, the petitioners, namely, 1. Md. Babar Ali, 2. Mustt. Rasia Khatoon @ Rejia Khatun, 3. Md. Sabur Ali @ Subur Ali, 4. Md. Fazar Ali @ Fazur Ali, 5. Munu @ Munu Begum @ Manowara Begum, 6. Momina @ Momina Begum, 7. Rohila @ Rahila Begum and 8. Rahima @ Rahima Khatoon @ Begum were declared as foreigners/illegal immigrants, who had entered India (Assam) after 25.03.1971.

3. The learned counsel for the petitioners submits that the learned Foreigners’ Tribunal (In short, FT) has committed grave error in declaring the petitioners as foreigners without taking into account the materials brought on record by way of evidence before the learned FT. The learned counsel submits that though as many as 25 nos. of Exhibits were brought on record by the petitioners, the learned FT has not discussed all the Exhibits, but only discussed few of them. Therefore, the learned counsel submits that non-consideration of the relevant Exhibits makes the whole opinion incorrect and therefore, the same is liable to be set aside on that ground alone. The learned counsel appearing for the petitioners submits that though the enquiry and the subsequent reference was only against the petitioner no. 1 i.e., Md. Babar Ali, however, the learned FT without ta