Md. Iddish Ali @ Idrish Ali v. The Union of India and 6 Ors

ORDER

31.08.2023 (Lanusungkum Jamir, J)

Heard Mr. Z. Hussain, learned counsel for the petitioner. Also heard Ms. L. Devi, learned CGC as well Standing Counsel, NRC representing the respondent Nos. 1 & 4; Mr. J. Payeng, learned Standing Counsel, Foreigners Tribunal for the respondent Nos. 2 & 7 as well as Mr. T. Pegu, learned Standing Counsel, Election Commission of India for the respondent No.3 and Mr. P. Sarma, learned Additional Government Advocate for the State respondent Nos. 5 & 6.

¶2On reference made by the Sr. Superintendent of Police, Kamrup (M) with regard to the doubt of nationality of the petitioner, F. T. Case No. FT [K(M)-4]66/18 was registered against the petitioner. Thereafter, as the petitioner did not appear before the learned Tribunal, the Tribunal passed the ex-parte Order dated 30.08.2018 declaring the petitioner to be a foreigner who entered the State of Assam after 25.03.1971. Being aggrieved, this writ petition is instituted.

¶3We have perused the ex-parte Order dated 30.08.2018 passed by the learned Foreigners Tribunal, No.4, Kamrup (M), Guwahati, wherein, it is indicated that the copy of the notice was affixed at a conspicuous part of the place in presence of witnesses where the proceede was originally traced and left without information to the referral authority. In view of that, the Tribunal drew a presumption of service of notice upon the petitioner/proceede and thereafter, passed the order.

¶4In the present case in hand, as the petitioner has approached this Court challenging the ex-parte Order dated 30.08.2018, we are of the opinion that without entering into the Page No.# 4/4 merits the matter should be remanded back to the Tribunal for the ends of justice.

¶5Mr. J. Payeng, the learned Standing Counsel, Foreigners Tribunal has also raised no objection.

¶6In that view of the matter, the ex-parte Order dated 30.08.2018 passed by the learned Foreigners Tribunal, No.4, Kamrup (M), Guwahati in F. T. Case No. FT [K(M)- 4]66/18 is set aside.

¶7At this stage, the learned counsel for the petitioner submits that the petitioner is in custody in connection with Pragjyotishpur P.S. Case No.90/19, registered under Section 3 of the Passport Entry into India Act, 1920.

¶8The Superintendent of Central Jail, Guwahati is accordingly directed to produce the petitioner before the learned Foreigners Tribunal, No.4, Kamrup (M), Guwahati on

25.09.2023. In the meantime, if the petitioner is already released on bail, he is directed to appear on the said date fixed i.e. on 25.09.2023.

¶9The petition stands allowed as indicated above. Send back the LCR.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010157712023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4201/2023o MD.oIDDISHoALIo@oIDRISHoALIo S/O-oLT.oKAJIMUDDINoSHEK,o PERMANENToRESIDENToOFo-o VILLAGE-oKIRAKARAo(CHAPARI),o P.S.-oSIPAJHAR,oDIST.-oDARRANG(ASSAM),o PIN-o784115. VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoINDIA,o MINISTRYoOFoHOMEoAFFAIRS,o NEWoDELHI,oPIN-o110001. 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM o HOMEoDEPARTMENT oDISPUR o GUWAHATI-o781006. 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREPRESENTEDoBYoTHEoSTATEoELECTIONoCOMMISSION oASSAM o HOUSEFEDoCOMPLEX oDISPUR o GUWAHATI-o781006. Page No.# 2/4 4:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM P.O. BHANGAGARH GUWAHATI- 781005 DIST.- KAMRUP(M) ASSAM. 5:THE DEPUTY COMMISSIONER KAMRUP(M) AT GUWAHATI AT HENGRABARI DIST.- KAMRUP(M) (ASSAM) PIN- 781036. 6:THE DEPUTY COMMISSIONER DARRANG AT MANGALDAI DIST.- KAMRUP (ASSAM) PIN- 784125. 7:THE DEPUTY COMMISSIONER OF POLICE (B) KAMRUP(M) AT GUWAHATI P.O.- PANBAZAR DIST.- KAMRUP(M) ASSAM PIN- 781001 Advocate for the Petitioner : MR Z HUSSAIN Advocate for the Respondent : DY.S.G.I. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR HONOURABLE MRS. JUSTICE MITALI THAKURIA