GAHC010201092019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6278/2019 FAZILA KHATUN W/O- KUDDUS ALI, VILL- DHANIABHETI, P.S- BATADRAVA, DIST-

NAGAON, ASSAM VERSUS THE UNION OF INDIA AND 6 ORS REP. BY THE SECRETARY TO THE GOVT OF INDIA, MIN OF 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 OF ASSAM REP. BY THE SECRETARY TO THE GOVT OF ASSAM HOME DEPTT DISPUR GHY- 06

4:THE STATE COORDINATOR NRC GS ROAD BHANGAGARH GUWAHATI- 781005

5:THE MEMBER FOREIGNERS TRIBUNAL

6TH NAGAON ASSAM PIN- 782001

6:THE DEPUTY COMMISSIONER NAGAON ASSAM PIN- 782001

7:THE SUPERINTENDENT OF POLICE (B)

NAGAON ASSAM PIN- 78200 Advocate for the Petitioner : MR S HOQUE, MR M DEKA Advocate for the Respondent : ASSTT.S.G.I., SC, NRC,SC, F.T,SC, ELECTION COMMISSION.

B E F O R E HON'BLE MR. JUSTICE SANJAY KUMAR MEDHI HON'BLE MR. JUSTICE PRANJAL DAS Advocate for the petitioner : Shri S. Hoque, Advocate.

Advocates for the respondents : Ms. A. Verma, S.C., Home Deptt., Shri G. Sarma, S.C., NRC, Shri P. Sarma, G.A., Assam, Shri N. Kalita, Advocate (on behalf of A.I.

Ali, SC, E.C.I.)

Shri S.S. Roy, C.G.C.

Date on which judgment is reserved : 11.05.2026. Date of pronouncement of judgment : 22.05.2026.

Whether the pronouncement is of the operative part of the judgment? : NA Whether the full judgment has been pronounced? : Yes Judgment & Order ( S.K. Medhi , J.)

The extra-ordinary jurisdiction of this Court has been sought to be invoked by filing this application under Article 226 of the Constitution of India by putting to challenge the opinion rendered vide impugned order dated 21.12.2018 th passed by the learned Foreigners’ Tribunal (6 ), Nagaon, Assam in F.T. Case No.

th FT(6 ) 318/2016. By the impugned judgment, the petitioner, who was the proceedee before the learned Tribunal, has been declared to be a foreigner post

25.03.1971.

2. The facts of the case may be put in a nutshell as follows:

(i) A reference was made by the Superintendent of Police (B), Nagaon, against the petitioner giving rise to the aforesaid F.T. Case No.

th FT(6 ) 318/2016.

(ii) As per requirement u/s 9 of the Foreigner’s Act, 1946 to prove that the proceedee is not a foreigner, the petitioner had filed the written statement on 25.11.2016 along with certain documents and adduced evidence.

(iii) The learned Tribunal, after considering the facts and circumstances and taking into account of the provisions of Section 9 of the Foreigners’ Act, 1946 had come to a finding that the petitioner, as opposite party, had failed to discharge the burden cast upon her and accordingly, the opinion was rendered declaring the petitioner to be a foreign national post 25.03.1971.

3. We have heard Shri S. Hoque, learned counsel for the petitioner. We have also heard Ms. A. Verma, learned Standing Counsel, Home Department; Shri G. Sarma, learned Standing Counsel, N.R.C.;Shri P. Sarma, learned G.A., Assam, Shri N. Kalita, learned counsel appearing on instructions of A.I. Ali, learned Standing Counsel, Election Commission of India and Shri S.S. Roy, learned C.G.C. We have also carefully examined the records of the Tribunal which were requisitioned vide an order dated 02.12.2019.

4. Shri Hoque, the learned counsel for the petitioner has submitted that the petitioner could prove his case with cogent evidence and in view of the fact that there was no rebuttal evidence, the learned Tribunal should have accepted the said proof and accordingly hold the petitioner to be a citizen of India. In this regard, he has referred to the following documentary evidence.

(i) Ext-1- certified copy of voter list of 1965, (ii) Ext-2- voter list of 1971, (iii) Ext-3-certified copy of voter list of 1985, (iv) Ext-4- certified copy of voter list of 1997, (v) Ext-5-certified copy of sale deed, (vi) Ext-6-Jamabandi copy, (vii) Ext-7 - revenue receipt, (viii) Ext-8 - Admit Card in original of S.E.B.A.,