Amir Uddin @ Amir Hosen v. The Union of India and 6 Ors

ORDER 06-10-2023 (M.R.Pathak, J) Heard Mr. M. H. Ahmed, learned counsel for the applicant and Ms. L. Devi, learned Central Government Counsel as well as Standing counsel, NRC for the opposite party Nos. 1 & 4. Also heard Mr. A. I. Ali, learned Standing counsel, Election Commission of India for the opposite party No. 2; Mr. G. Sarma, learned Standing counsel, Home Department of the State for the opposite party Nos. 3, 5 & 6; and Mr. H. K. Hazarika, learned Government Advocate, Assam for the opposite party No. 7.

¶2The applicant herein as a writ petitioner preferred the connected WP(C) No. 3003/2020 against Page No.# 3/4 the final order/opinion dated 17.01.2019 whereby the learned Member, Foreigners' Tribunal No.1, Bongaigaon, Assam in F.T. Case No. BNGN/FT/493/07 arising out of Ref.IM(D)T Case No. 23/2005 opined him to be a foreigner of post 1971 stream under the Foreigners Act, 1946.

¶3The Court after hearing the matter by its order dated 26.10.2022 set aside and quashed the said impugned order/opinion dated 17.01.2019, noted above and remanded back the said F.T. Case No. BNGN/FT/493/07 to the Foreigners' Tribunal No. 1, Bongaigaon, Assam directing the said Tribunal to give an opportunity to the said petitioner/applicant herein for his cross-examination and also for final hearing of the said case.

¶4By the said order dated 26.10.2022, this Court directed the petitioner of said WP(C) No. 3003/2020, i.e., the present applicant to appear before the learned Member, Foreigners' Tribunal No.1, Bongaigaon within a period of 6 (six) weeks along with the certified copy of said order dated

26.10.2022, noted above.

¶5It is stated that after obtaining the certified copy of said order dated 26.10.2022 passed in said WP(C) No. 3003/2020 on 24.07.2023, though the said petitioner appeared before the learned Member, Foreigners' Tribunal No.1, Bongaigaon in said F.T. Case No. BNGN/FT/493/07 arising out of Ref.IM(D)T Case No. 23/05; but the learned Member, Foreigners' Tribunal No. 1, Bongaigaon did not record his presence considering that it was beyond the period of 6 (six) weeks from the date of the order dated 26.10.2022 passed earlier in said WP(C) No. 3003/2020.

¶6Hence, the said petitioner of WP(C) No. 3003/2020 as applicant has filed this interlocutory application praying for extension of the time for his appearance before the learned Member, Foreigners' Tribunal No. 1, Bongaigaon in terms of the order dated 26.10.2022 passed earlier in said WP(C) No. 3003/2020.

¶7After hearing the learned counsels for the parties and considering the entire aspects of the matter, the applicant/petitioner of said WP(C) No. 3003/2020, namely, Amir Uddin @ Amir Hosen, son of late Abdul Matleb Ali, is directed to appear before the learned Member, Foreigners' Tribunal No. 1, Bongaigaon on or before 19.10.2023 for necessary compliance of the order dated 26.10.2022 passed in said WP(C) No. 3003/2020.

¶8This order shall be read together with the order dated 26.10.2022 passed in the connected WP(C) No. 3003/2020. Page No.# 4/4

¶9With the above observations and directions, this interlocutory application is allowed to the extent above.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010210852023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2994/2023 oooooooooooooooooin oooooooooooooooWP(C)o3003/2020o AMIRoUDDINo@oAMIRoHOSENo S/O.oLT.oABDULoMATLEBoALIo@oMOTLEBoALIoSHEIKH,oVILL.oBHANDARAo PART-1,oP.O.oBHANDARAoBAZAR,oP.S.oMANIKPURo(EARLIERoBIJNI),oDIST.o BANGAIGAON,oASSAM. VERSUSo THEoUNIONoOFoINDIAoANDo6oORS.o REPRESENTEDoBYoTHEoSECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,oNEWo DELHI-01. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGUWAHATI-06. 3:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI-07. 4:THEoSUPDT.oOFoPOLICEo(B) oBANGAIGAON oP.O. oP.S.oANDoDIST.oBANGAIGAON oASSAM. Page No.# 2/4 5:THE DY. COMMISSIONER BANGAIGAON P.O. P.S. AND DIST. BANGAIGAON ASSAM. 6:THE ELECTION COMMISSION OF INDIA THROUGH ITS SECRETARY NIRBACHAN BHAWAN NEW DELHI-01. 7:THE STATE CO-ORDINATOR OF NATIONAL REGISTER OF CITIZENS (NRC) ASSAM BHANGAGARH GHY.-05 Advocate for the Petitioner : MR M H AHMED Advocate for the Respondent : DY.S.G.I. BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MR. JUSTICE BUDI HABUNG