Gauhati High Court
Nausad Ali @ Nased Ali vs The Union Of India And 6 Ors on 19 January, 2022
Bench: N. Kotiswar Singh, Malasri Nandi
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GAHC010003932019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/177/2019
NAUSAD ALI @ NASED ALI
S/O LATE ALIMUDDIN
VILL- KARAKONI (PATHALIPAM)
P.O. GOROIMARI, P.S. BOGINODI
DIST. LAKHIMPUR, ASSAM, PIN - 787032.
VERSUS
THE UNION OF INDIA AND 6 ORS.
REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA,
NEW DELHI.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY
DEPARTMENT HOME
SECRETARY
DISPUR
GUWAHATI -06.
3:THE DEPUTY COMMISSIONER
LAKHIMPUR
NORTH LAKHIMPUR
DIST. LAKHHIMPUR
ASSAM.
4:THE SUPERINTENDENT OF POLICE (B)
LAKHIMPUR
NORTH LAKHIMPUR
ASSAM.
5:THE ELECTION COMMISSIONER OF INDIA
NEW DELHI- 110001.
6:THE STATE COORDINATOR NATIONAL REGISTRATION OF CITIZENS
(NRC)
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BHANGAGARH
GUWAHATI - 781032.
7:THE MEMBER FOREIGNERS TRIBUNAL-II
LAKHIMPUR
NORTH LAKHIMPUR
ASSAM
Advocate for the Petitioner : MR. H R KHAN
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MRS. JUSTICE MALASRI NANDI
:: O R D E R ::
19.01.2022 [N. Kotiswar Singh, J] None appears for the petitioner on call today. Heard Mr. S.K. Medhi, learned Central Government Counsel appearing for respondent No.1; Mr. G. Sarma, learned Standing Counsel, Foreigners Tribunal for respondent Nos.2, 4 & 7; Ms. U. Das, learned Additional Senior Government Advocate, Assam for respondent No.3; Mr. A.I. Ali, learned Standing Counsel, ECI for respondent No.5 and Ms. L. Devi, learned Standing Counsel, NRC for respondent No.6 and
2. Though none appears for the petitioner today, since the records have been received and after hearing the learned counsel for the State, we propose to dispose of this petition in the following manner.
3. The plea raised in this petition is that the present petitioner, namely, Md. Nausad Ali @ Nased Ali, aged 67 years, Son of Late Alimuddin, Village Karakoni (Pathalipam), P.O. Goroimari, P.S. Boginodi, District Lakhimpur, Assam, PIN-787032 was earlier proceeded before the learned Foreigners Tribunal-II, Lakhimpur, North Lakhimpur in LFT-II (D) Case No. 1491/08 in which by opinion dated 19.06.2014, one Nased Ali, Son of Alimuddin, Village Karakani (Pathalipam), P.S. Boginadi, District Lakhimpur, Assam was declared as not a foreigner.
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4. The petitioner's claim is that the present petitioner is the same person who was proceeded earlier in LFT-II (D) Case No.1491/08 before the learned Foreigners Tribunal-II, Lakhimpur, North Lakhimpur.
5. Under the circumstances, we are of the view that in view of the decision of the Hon'ble Supreme Court rendered in Abdul Kuddus Vs. Union of India & Ors., (2019) 6 SCC 604 if the present petitioner happens to be same person who was proceeded earlier in LFT-II (D) Case No. 1491/08, the subsequent opinion dated 30.10.20 passed by the learned Foreigners Tribunal: II, Lakhimpur, North Lakhimpur in Lakhimpur FT-II Case No.02/09 [District No.322/08] by which the petitioner was declared a foreigner which is challenged in this writ petition would not lie.
However, we are of the opinion that this is an aspect which the learned Tribunal will ascertain.
6. We have noted that in the opinion dated 30.10.2018, the learned Foreigners Tribunal had not given any finding as regards the earlier opinion dated 19.06.2014 passed in LFT-II(D) Case No.1491/08. However, there is a reference by the learned Foreigners Tribunal that the proceedee's name is shown as Nased Ali and Nachet Ali which are two different names. Further, his father has been shown as Alimuddin and Alimudin and Alim and the father of Alimuddin has been shown as Bisu Shekh and Bisu, and the years of birth are also in two different years 1950 and 1960.
7. Be that as it may, we do not wish to make any observation at this stage apart from observing that the aforesaid discrepancies do not appear to be very major one and not sufficient to reject the claim of the petitioner.
8. Under the circumstances, we are of the view that the learned Foreigners Tribunal will re-examine the issue as to whether the present petitioner is the same person who was proceeded earlier in LFT -II (D) Case No. 1491/08 and was declared as not a foreigner vide opinion dated 19.06.2014 or not, and if the learned Foreigners Tribunal comes to a finding that the present petitioner is the same person who was proceeded earlier in LFT -II (D) Case No. 1491/08, the subsequent proceeding initiated under Lakhimpur FT-II Case No.02/09 which is challenged herein will stand terminated with the finding in favour of the present Page No.# 4/5 petitioner. However, only when the learned Foreigners Tribunal comes to a different conclusion that the present petitioner is not the same person who was earlier proceeded in LFT-II (D) Case No.1491/08, the petitioner will be at liberty to challenge said opinion as well as the other findings before this Court again.
9. With the above observation and direction, the present petition is allowed by setting aside the impugned opinion dated 30.10.2018 passed in Lakhimpur FT-II Case No. 02/09 [District No. 322/88] by the learned Foreigners Tribunal: II, Lakhimpur, North Lakhimpur.
10. Accordingly, the petitioner will appear before the learned Foreigners Tribunal: II, Lakhimpur, North Lakhimpur within a period of one month from today and thereafter, the learned Foreigners Tribunal will pass a fresh opinion in the light of the observation made above.
11. It is also made clear that during the pendency of the aforesaid proceeding, the petitioner will be allowed to remain on bail subject to condition that the petitioner will appear before the Superintendent of Police (Border), Lakhimpur and furnish a bond of Rs.5,000/- with one local surety of the like amount to the satisfaction of the said authority. The concerned Superintendent of Police (Border) may obtain necessary information and documentation as required under the rules from the petitioner for securing his presence and shall also take steps for capturing the finger prints and biometrics of the iris of the petitioner, if so advised.
The petitioner shall not leave the jurisdiction of Lakhimpur District without giving details of the place of destination and his place of stay to the Superintendent of Police (Border), Lakhimpur.
12. Since neither the petitioner nor his counsel is present before this Court today, the Superintendent of Police (Border), Lakhimpur will inform the petitioner about the order passed by this Court today directing the petitioner to appear before the learned Foreigners Tribunal: II, Lakhimpur, North Lakhimpur and to be proceeded by the aforesaid learned Foreigners Tribunal in accordance with law.
13. A copy of this order may be furnished to Mr. G. Sarma, learned Standing Counsel, Foreigners Tribunal for informing the concerned Superintendent of Police (Border).
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14. Records be remitted forthwith to the concerned Foreigners Tribunal.
15. The present petitions is accordingly disposed of.
JUDGE JUDGE Comparing Assistant