Md. Nurul Islam @ Nurul Islam @ Nur Islam v. Union of India and 5 Ors

ORDER Date : 11.09.2024 (S. Saikia, J) Heard the learned counsel for the parties.

¶2By filing this writ petition, the petitioner has challenged the opinion dated 20.04.2021, passed by the learned Member, Foreigners Tribunal-6th, Nagaon in FT Case No. NFT(6th)269/2016, whereby the Tribunal had held that the petitioner is a foreigner as defined under Section 2(a) of the Foreigners' Act, 1946 and the reference was answered in favour of the State.

¶3After arguing the matter at some length, the learned counsel for the petitioner submits that since the basis of passing the opinion was that the petitioner took no steps for cross-examination pursuant to his last appearance before the Tribunal, which was during the Covid-19 pandemic period, he would like to exhaust his remedies by filing a review petition before the learned Tribunal.

¶4Accordingly, without expressing any opinion on the merits of the opinion dated 20.04.2021, passed by the learned Member, Foreigners Tribunal-6th, Nagaon in FT Case No. NFT(6th)269/2016, this writ petition stands closed by giving liberty to the petitioner to file a review before the learned Tribunal, if Page No.# 3/3 so advised.

¶5Needless to say that if the grievance subsists, the petitioner is at liberty to approach this Court again.

¶6The petitioner is also given liberty to file an application seeking adequate protection before the Tribunal and if such application is filed, the learned Tribunal will consider and pass appropriate orders as per procedure of law. The certified copy of the opinion dated 20.04.2021, passed by the learned Member, Foreigners Tribunal-6th, Nagaon in FT Case No. NFT(6th)269/2016 be returned back to the petitioner by the Registry.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010177002024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4489/2024o MD.oNURULoISLAMo@oNURULoISLAMo@oNURoISLAMo SONoOFoLT.oIMANoALIoANDoPERMANENToRESIDENToOFoVILLAGE-o AMLAKHI,oP.S.oBATADRAVA,oDISTRICT-oNAGAON,oASSAM VERSUSo UNIONoOFoINDIAoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoINDIA,o MINISTRYoOFoHOMEoAFFAIRS,oNEWoDELHI,oPIN-o110001 2:ELECTIONoCOMMISSIONoOFoINDIA oREPRESENTEDoBYoTHEoCHIEFoELECTIONoCOMMISSIONER oNEWoDELHI-o110001 3:STATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-o781006 4:THEoDISTRICToCOMMISSIONER oNAGAONoPIN-o782001 5:THEoSUPERINTENDENToOFoPOLICEo(B) oNAGAON oPIN-o782001 6:THEoCOORDINATOR oNATIONALoREGISTERoOFoCITIZENS oBHANGAGARH oGUWAHATI-o78100o Page No.# 2/3 Advocate for the Petitioner : MR A W AMAN, SAMIM RAHMAN,MR S A BARBHUYAN,MR SARFRAZ NAWAZ,MS SURAYA RAHMAN Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ELECTION COMMISSION.,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE SOUMITRA SAIKIA