GAHC010284462025

2026:GAU-AS:2320-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/7411/2025 NASIMUDDIN S/O LATE YASIK ALI SHEIKH. R/O VILL.- DALGAON KHUTI P.O. AND P.S.--

DALGAON DIST.- DARRANG, ASSAM.

VERSUS THE UNION OF INDIA AND OTHRS , REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF INDIA, HOME AFFAIRS DEPARTMENT, NEW DELHI-01.

2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI 06.

3:THE ELECTION COMMISSION OF INDIA NEW DELHI-01 INDIA.

4:THE STATE CO ORDINATOR NRC ASSAM BHANGAGARH GUWAHATI -05

5:THE DISTRICT COMMISSIONER DARRANG MONGALDAI DIST.- DARRANG ASSAM. PIN- 784115

6:THE SUPERINTENDENT OF POLICE (B)

DARRANG DISTRICT- DARRANG ASSAM. PIN- 78411 Advocate for the Petitioner : MS K TAYE, MS. M KHATUN,MR A ALI Advocate for the Respondent : DY.S.G.I., SC, NRC,GA, ASSAM,SC, F.T,SC, ECI BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

17.02.2026 Date :

(K.R. Surana, J)

Heard Mr. T.K. Bhuyan, learned counsel for the petitioner. Also heard Mr. H. Gupta, learned CGC for respondent no.1; Ms. S. Katakey, learned standing counsel for respondent no.3; Mr. G. Sarma, learned standing counsel for the respondent nos. 2, 4 and 6; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for respondent no.5.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 22.08.2019, th passed by the learned Member, Foreigners Tribunal (5 ), Darrang, Mangaldai, in Case No. F.T.(V) 2210/2016, arising out of S.P. Enquiry No. 6274/98, whereby the petitioner, namely, Nasimuddin was declared to be a foreigner of post

25.03.1971 stream.

3. This writ petition, to assail the opinion dated 22.08.2019, has been filed on 17.12.2025, i.e. after 6 years, 3 months, 25 day (or 2309 days). Accordingly, before issuing notice, the learned counsel for the petitioner was asked to address the Court on inordinate delay and laches in assailing the impugned opinion.

4. The learned counsel for the petitioner, in order to explain the delay in assailing the opinion dated 22.08.2019, by filing this writ petition on 19.12.2025, has submitted that after the opinion was rendered on 22.08.2019, the petitioner was taken into custody and during Covid-19 Pandemic period, he was released on bail 24.03.2022. Accordingly, the petitioner was under the impression that he was acquitted. Thereafter, the petitioner was again taken into custody on 25.05.2025 and kept at the Transit camp, Matia, Goalpara. Thereafter, the petitioner’s son had filed a writ petition on behalf of the petitioner, which was registered as W.P.(C) 6823/2025, which was subsequently withdrawn and the present writ petition was filed.

5. It has been submitted that the petitioner has all the documents which prove that he is a citizen of India, but due to poverty and lack of knowledge of legal procedures, the petitioner was under the impression that with his release on 24.03.2022, he was acquitted.

6. Accordingly, it has been submitted that the petitioner deserves to be heard in this writ petition, otherwise his valuable citizenship right would be extinguished if the opinion is not interfered with.

7. Per contra, the learned standing counsel for the FT and Border matters has submitted that there is a substantial delay in assailing the impugned opinion, which cannot be condoned and/or ignored on account of delay and laches. Accordingly, the learned standing counsel for the FT and Border matters has opposed the prayer for admitting this writ petition for hearing and for granting bail to the petitioner.

8. On perusal of the pleadings and documents annexed to the writ petition, it is seen that the petitioner, in support of his claim of being an Indian citizen has exhibited the following documents, viz., NRC of 1951 (Ext.1); NRC of 1951 issued by Jamiat Ulema-E-Hind (Ext.2); E