GAHC010122832017 2026:GAU-AS:6668-

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

Case No. : WP(C)/1066/2017 INSAN ALI S/O- NURUL ISLAM @ NURISLAM @ NURUL, VILL.- TATIKATA PATHER, MOUZA- MOIRABARI, P.O. and P.S.- MOIRABARI, DIST.- MORIGAON, ASSAM. VERSUS THE UNION OF INDIA and 4 ORS.

REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF INDIA, HOME DEPTT., NEW DELHI- 1, INDIA.

2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT.

DISPUR GHY- 6.

3:THE DY. COMMISSIONER MORIGAON DIST.- MORIGAON ASSAM.

4:THE SUPERINTENDENT OF POLICE B MORIGAON DIST.- MORIGAON ASSAM.

5:THE OFFICER-IN-CHARGE MOIRABARI POLICE STATION P.S.- MOIRABARI DIST.- MORIGAON ASSAM BEFORE HON’BLE MR. JUSTICE SANJAY KUMAR MEDHI HON’BLE MRS. JUSTICE SHAMIMA JAHAN Advocate for the petitioner(s): Mr. Z. Hammad Advocate for the respondent(s):Ms. A. Verma, SC, HomeDepartment&NRC Ms. R.B.Bora, GA, Assam, Mr. N.Kalita, on behalf of Mr A.I. Ali, SC, ECI, Ms K Phukan, CGC.

Date on which judgment was reserved :07.05.2026 Date of pronouncement of judgment :12.05.2026 Whether the pronouncement is of the :

operative part of the judgment? :NA Whether the full judgment has been :Yes pronounced?

JUDGMENT AND ORDER (CAV)

(Shamima Jahan, J.)

Heard Mr. Z. Hammad, learned counsel appearing for the petitioner. Also heard Ms. A. Verma, learned Standing Counsel, Home Department, Ms. R. B. Bora, learned Government Advocate, Assam, Mr. N. Kalita, learned counsel representing Mr. A. I. Ali, learned Standing Counsel for the ECI; Ms.K. Phukan, learned CGC appearing for the Union of India.

2. By this application filed under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of the opinion dated th

26.07.2016, passed by the learned Member, Foreigners’ Tribunal No. 5 , Morigaon, Assam, in Case No. FT (D) 121/2015 (New) and FT(D) No. 82 of 2012 (Old), arising out of (D/N Case No. 2072 dated 26.06.1998, whereby the petitioner was declared a foreigner of post-25.03.1971 stream.

FACTS

3. The petitioner stated that the Superintendent of Police (B), Morigaon, submitted a reference dated 26.06.1998 to the Member, Foreigners’ Tribunal, Nagaon, on the ground that the proceedee, i.e., the petitioner entered into India th (Assam) after 25 of March, 1971. The aforesaid reference was received by the learned Tribunal No. 5, Morigaon, and the same was registered as FT (D) 121/2015, as mentioned above. Thereafter, notice was issued to the petitioner and the petitioner filed the written statement on 08.07.2014.

4. In the said written statement, the petitioner stated that the investigation and enquiry conducted by the Superintendent of Police (B) is based on false information. He stated that his father, namely, Nurul @ Nurul Islam was enlisted in the voters’ list of 1965, from House No. 45, under 84 No. Assam Legislative Assembly of Lahorighat Constituency. He then stated that in the voters’ list of 1970, his father appeared as a voter from House No. 43, under the same constituency.

5. The petitioner, thereafter, stated that he casted his vote in 1989, and that his name was reflected in the 1989 voters’ list, wherein his name was mentioned against his father’s name as Nurislam instead of Nurul Islam. To further establish his citizenship, he relied on a family Identity Card, wherein his name and his family were recorded and that the said card was issued by the Inspector of Food and Civil Supplies, Morigaon.

6. The petitioner was also examined as DW No. 1 and he stated in his evidence that his father had casted his vote in 1965 and 1970 and that his father’s name was Nur Islam, son of Arfan Ali. He further stated that he casted his vote in the year 1989 and not thereafter, and since the remark- ‘D’ has been put, he could not vote any further. He also stated that he has a Family Identity Card, and that the documents relating to a landed property that his father had, were destroyed in the flood. This witness was