Ajahar Ali v. The Union of India and 5 Ors

PageoNo.#o1/3 GAHC010276722018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8664/2018o AJAHARoALIo S/O-oAKUBoALIo@oIYAKUBoALIo@oEUKUBoALI,oVILL-oBARPATHAR,oP.S.o NORTHoLAKHIMPUR,oDIST-oLAKHIMPUR,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECY..,oTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oNEWoDELHI-o110001 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-6 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSIONER oNIRVVACHANoSADAN oASHOKoROAD oNEWoDELHI-01 4:THEoSUPERINTENDENToOFoPOLICEo(B) oLAKHIMPUR oP.O.oLAKHIMPUR oDIST-oLAKHIMPUR oASSAM 5:THEoSTATEoCOORDINATOR oNATIONALoREGISTERoOFoCITIZENS oACHYUToPLAZA oBEHINDoHUB Page No.# 2/3 BHANGAGARH GHY-05 6:THE DY. COMMISSIONER LAKHIMPUR P.O. LAKHIMPUR DIST-LAKHIMPUR ASSA Advocate for the Petitioner : MR. M RAHMAN Advocate for the Respondent : ASSTT.S.G.I.

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MR. JUSTICE MRIDUL KUMAR KALITA O R D E R

03.06.2024 (M.R. Pathak, J) No representation on behalf of the petitioner on call though the names of three counsels for the petitioner have been reflected in the cause list.

¶2From the orders, it is seen that on the three previous occasions, i.e., on

27.05.2024, 20.05.2024 and 08.02.2019, the petitioner remained unrepresented.

¶3By order dated 09.01.2019, the records of Lakhimpur F.T(1st) Case No.2760/2011, District No.254/2005 was called for from the learned Foreigners' Tribunal No.1, North Lakhimpur and the Registry received the same and further, in the interim, directed that the petitioner shall not be deported. The said interim order is in force till date.

¶4On 08.02.2019, the Court issued notice in this case.

¶5In a reference being made by the Superintendent of Police (Border), Page No.# 3/3 Lakhimpur under Order-2 of the Foreigner (Tribunals) Order, 1964, vide District Case No.254/2005 based on the police enquiry as to whether the petitioner is a foreigner or not, the learned Member, Foreigners' Tribunal, Lakhimpur (1st), North Lakhimpur, in Lakhimpur F.T.(1st) Case No.2760/2011, after hearing the parties and considering the evidence adduced by the petitioner, by its final order and opinion dated 24.09.2018, opined the petitioner to be a foreigner, who had entered into the territory of India (Assam) from the specified territory of Bangladesh on or after 25.03.1971.

¶6Aggrieved with the said final order and opinion dated 24.09.2018, passed in Lakhimpur F.T.(1st) Case No.2760/2011, the petitioner filed this writ petition on 13.12.2018.

¶7The writ petition stands dismissed for non-prosecution.

¶8The interim order passed earlier on 09.01.2019 stands vacated/hereby recalled.

¶9Registry shall return the records of said Lakhimpur F.T.(1st) Case No.2760/2011 along with a copy of this order to the learned Foreigners' Tribunal No.1, North Lakhimpur.

¶10Registry shall also communicate this order to the Superintendent of Police (Border), Lakhimpur, North Lakhimpur forthwith.

JUDGE JUDGE Comparing Assistant