GAHC010248692025

2026:GAU-AS:2778-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/649/2026 BAHARUDDIN S/O LATE KADIR SHEIKH ALIAS ABDUL KADIR ALIAS KADIR MIYA, R/O VILL. BARAPATIA GAON, P.S. KAMPUR, DIST. NAGAON, PIN 782426, ASSAM. VERSUS THE UNION OF INDIA AND 6 ORS THROUGH THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF POLITICAL AND HOME AFFAIRS, SHASTRI BHAWAN, TILAK MARG, NEW DELHI-110001

2:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI 110001

3:THE STATE CO-ORDINATOR NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GUWAHATI- 781005

4:THE STATE OF ASSAM THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI 781006

5:THE CHIEF ELECTION OFFICER ASSAM HOUSEFED COMPLEX BELTOLA ROAD GUWAHATI 781006

6:THE DISTRICT COMMISSIONER NAGAON P.O. AND P.S. NAGAON DIST. NAGAON ASSAM PIN 782001

7:THE SUPERINTENDENT OF POLICE (BORDER)

NAGAON P.O. AND P.S. NAGAON DIST. NAGAON ASSAM PIN 78200 Advocate for the Petitioner : MR. S C BISWAS, MS. U NANDA,MR. F A HASSAN,MS. S.

CHANDA,MS. J GHOSH 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 MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

23.02.2026 Date :

(K.R. Surana, J)

Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC for respondent no.1; Ms. S. Katakey, learned standing counsel for respondent no.2; Mr. G. Sarma, learned standing counsel for the respondent nos. 3, 4 and 7; Mr. P. Sarmah, learned Addl. Senior Govt.

Advocate for respondent no.6.

2. It may be stated that none appears for the respondent no.5 as no advance copy of the writ petition has been served on the learned standing counsel for the said respondent.

3. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Baharuddin, has assailed the impugned ex parte opinion dated 30.07.2022, passed by the learned Member, Foreigners Tribunal-

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9 , Nagaon, in F.T. Case No. FT(9 ) 616/2004, arising out of Ref. F.T. Case No. 560/ 2004, by which he was declared to be a foreigner as defined under Section

2(a) of the Foreigners Act, 1946 of the stream of post 25.03.1971.

4. This writ petition was filed on 07.11.2025 to assail the ex parte opinion dated 30.07.2022, i.e. after there has been an extraordinary delay of 3 years, 3 months, 8 days (or 1196 days). Moreover, there were several defects while filing the writ petition, but the defects were rectified only on 05.02.2026, i.e. after nearly three months. Hence, the matter was heard on delay and laches on part of the petitioner to assail the ex parte opinion.

5. The learned counsel had submitted that in paragraphs 6 and 7 of the writ petition, the petitioner has taken a stand that after receipt of notice, by engaging a learned counsel, he had appeared before the learned Tribunal on 27.10.2016 and was represented till 18.04.2022. It was submitted that the petitioner had provided all documents to his learned counsel, who had assured him that the written statement and evidence would be filed by him. Therefore, the petitioner was under a bona fide belief that his engaged learned counsel would do the needful as he was ignorant of the procedure, being illiterate. Moreover, he had left his native place to earn livelihood and there was a communication gap with his learned counsel. However, only after the police came to his place on 21.06.2025, in his absence, the family members came to know about the ex parte opinion. It was submitted that only after receiving a copy of the said opinion, the petitioner came to learn that his engaged learned counsel did not file the written statement or evidence. It was further submitted that the petitioner has all the relevant documents and therefore, the matter be remanded back to the learned Tribunal by giving the petitioner an opportunity to contest the proceeding.

6. Per contra