Abdul Kuddus v. The Union of India and 4 Ors

Page No.# 1/3 GAHC010122032017

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/795/2017 ABDUL KUDDUS D/O LT. NOBI HUSSAIN R/O VILL-KURUATI, P.O. BAKARAPATTA P.S. SOOTEA MOUZA-SOOTEA DIST. SONITPUR ASSAM. VERSUS THE UNION OF INDIA and 4 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI -6. 3:THE DEPUTY COMMISSIONER SONITPUR P.O. and DIST. SONITPUR ASSAM. 4:THE SUPERINTENDENT OF POLICE BORDER SONITPUR DIST. SONITPUR ASSAM. 5:THE OFFICER-IN-CHARGE SOOTEA POLICE STATION DIST. SONITPUR ASSAM Advocate for the Petitioner : MR.A S TAPADER Advocate for the Respondent : Page No.# 2/3

BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR HON'BLE MR. JUSTICE BUDI HABUNG

:: O R D E R :: 12-09-2023 (L.S. Jamir, J)

Heard Mr. A.S. Tapadar, learned counsel for the petitioner. Also heard Ms. L. Devi, learned Central Government Counsel, for the respondent No. 1; Mr. G. Sarma, learned standing counsel, Foreigners' Tribunal, appearing on behalf of respondent Nos. 2, 4 and 5 as well as Mr. P. Sarma, learned Additional Senior Government Advocate appearing for respondent No. 3.

¶2On reference being made by the Superintendent of Police (Border), Sonitpur, Tezpur, dated 11-06-2004, in connection with IM(D)T Case No. 439/2002 with regard to nationality of the petitioner/proceedee, the Case No. FTC (6) 267/2015 was registered in the Foreigners' Tribunal-6, Tezpur, Assam. The petitioner appeared before the learned Tribunal and contested the case by filing written statement and exhibited as many as 10 documents in support of his case that he is an Indian national and not a foreigner.

¶3The learned Tribunal, thereafter, passed the order dated 26-12-2016, whereby the petitioner/proceedee was declared to be a foreigner/illegal migrant of post 25-03-1971 stream. Being aggrieved, the instant writ petition is filed.

¶4The learned counsel for the petitioner, at this stage, submits that except for the Voters' Lists of 1965 and 1970, the petitioner could not furnish the certified to be true copy of the other exhibits. He, therefore, submits that opportunity may be granted to the petitioner to enable him to furnish the certified copies of those exhibits, which the Page No.# 3/3 petitioner could not produce and, thereafter, the learned Tribunal may be directed to give a fresh finding.

¶5We have perused the records of the Case No. FTC (6) 267/2015 and on perusal of the same, we find that except for the Voters' List of 1965 and 1970, rest of the other documents were not certified true copies before the learned Tribunal. Therefore, without entering into the merit, this writ petition is disposed of remanding the matter to the Foreigners' Tribunal-6, Tezpur, Assam, permitting the petitioner to furnish the certified to be true copies of the Exhibits Nos. 3, 4, 5, 6, 7, 8, 9 and 10. Thereafter, the Tribunal after hearing the parties shall give a fresh finding with regard to the nationality of the petitioner.

¶6Accordingly, the order dated 26-12-2016 passed by the learned Foreigners' Tribunal-6, Tezpur, Assam, in Case No. FTC (6) 267/2015 is set aside and quashed.

¶7The petitioner is directed to appear before the learned Foreigners' Tribunal-6, Tezpur, Assam, on 29-09-2023.

¶8Send down the LCRs forthwith.

¶9The writ petition is disposed of accordingly.

¶10It is made clear that this order shall not be a precedent for other cases.

JUDGE JUDGE Comparing Assistant