Page No.# 1/5 GAHC010138322019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4473/2019 HASEM KHAN @ ASHEM KHAN @ HOSEM KHAN S/O- LATE KUDDUS KHAN @ KURDDUS KHAN, LATE KARIMAN NESSA, VILL- TATIKUCHI, P.S- BARPETA, DIST- BARPETA, ASSAM, PIN- 781309 VERSUS THE UNION OF INDIA AND 5 ORS REP. BY THE SECRETARY TO THE GOVT OF INDIA, MIN OF HOME AFFAIRS, SHASTRI BHAWAN, NEW DELHI- 110001 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOME DEPTT DISPUR GUWAHATI- 06 3:THE ELECTION COMMISSION OF INDIA NIRVACHAN BHAWAN ASHOK ROAD NEW DELHI- 110001 4:THE STATE COORDINATOR NRC ASSAM BHANGAGARH GUWAHATI- 781005 5:THE DEPUTY COMMISSIONER BARPETA DIST- BARPETA ASSAM PIN- 781301 Page No.# 2/5 6:THE SUPERINTENDENT OF POLICE (B) BARPETA DIST- BARPETA ASSAM PIN- 78130 Advocate for the Petitioner : MR. S AHMED, Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,SC, NRC,SC, ELECTION COMMISSION. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 25-03-2026 (K.R. Surana, J) Heard Mr. S. Ahmed, learned counsel for the petitioner as well as Ms. A. Verma, learned standing counsel for the Foreigners Tribunal and NRC, Mr. N. Kalita, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the Election Commission of India, Ms. J. Sarma, learned CGC, and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 23.05.2019, passed by the learned Member, Foreigners Tribunal 1st, Barpeta, in F.T. Case No. 15/18, corresponding to IM(D)T Ref. Case No. 7232/98, thereby declaring the proceedee, Ahashem Ali, son of Kuddush of village Tatikuchi, P.S. Barpeta, to be a foreigner of post 25.03.1971 stream. 3. The learned counsel for the petitioner is able to demonstrate that the reference was against Ahashem Khan and that the Electoral Registration Officer, Page No.# 3/5 47 Chenga Assembly Constituency ordered an inquiry vide Memo No. 2/47/680 dated 11.11.1997 in respect of Ahashem Khan, son of Kuddush. Accordingly, the Superintendent of Police (Border), Barpeta in its form of reference had submitted reference in respect of Ahashem Khan. However, in the Letter of Reference bearing Case No. 7232/98 dated 20.06.1998, the Superintendent of Police (Border), Barpeta forwarded to the Illegal Migrants (Determination) Tribunal at Barpeta the Doubtful Case No. 7232/98 against Ahashem Ali along with Annexure-A, Annexure-B and Form No. VII. Resultantly, the reference was registered against Ahashem Ali and the said proceedee was declared to be a foreigner. In the said context it is noticed that the present petitioner, Hasem Khan @ Ashem Khan @ Hosem Khan that in para-1 of the written statement that the notice of the Tribunal, his name had wrongly appeared as Ashem Khan instead of his correct name Hasem Khan and in his evidence-on-affidavit, it was reiterated in para-14 that in the notice his name wrongly appeared as Ashem Khan instead of his correct name Hasem Khan. Be that as it may, in the reference records, the name of the proceedee is Ahashem Ali and therefore the learned counsel for the petitioner submits that there is a case of mistaken identity. 4. Although the learned standing counsel for the FT and Border matters has supported the impugned opinion, but having noticed that the Electoral Registration Officer vide his communication dated 11.11.1997 had doubted the citizenship of Ahashem Khan and it is only in the forwarding of the reference where the Superintendent of Police (Border), Barpeta has referred the name of the proceedee as Ahashem Ali in Doubtful Case No. 7232/1998. The change of name from Ahashem Khan to Ahashem Ali has happened. 5. We also take notice of the fact that as per the first order in the order Page No.# 4/5 sheet dated 24.04.2018 of the learned Foreigners Tribunal-1, Barpeta, the name of the proceedee is mentioned as Ahashem Khan, yet, the opinion was rendered against Ahashem Ali. 6. And moreover the title page of the proceedings also contains the name of Ahashem Khan. Therefore, the Court is of the considered opinion that the matter needs to be remanded back to the said learned Tribunal for first determining the name of the proceedee and in the event if the name of the proceedee is determined and the present petitioner is the one who has desired to be proceeded against, the said learned Tribunal shall pass a fresh decision in accordance with law. 7. The Court is inclined to set aside the opinion dated 23.05.2019 passed by the learned Member, Foreigners Tribunal 1st, Barpeta in F.T. Case No. 15/18, corresponding to IM(D)T Ref. Case No. 7232/98 in respect of Ahashem Ali, which will not be a bar for the said learned Tribunal to first determine the name of the proceedee and thereafter pass a fresh judgment in the event the present petitioner is the desired proceedee. 8. The petitioner, who is duly represented by his learned counsel, is directed to appear before the learned Member, Foreigners Tribunal 1st, Barpeta, on 30.04.2026 and by producing a certified copy of the order before the said learned Tribunal, await for further order of the said learned Tribunal. It is made clear that if the petitioner fails to appear on the date fixed, it would be permissible for the said learned Tribunal to treat the petitioner as absent on call and pass appropriate orders. 9. The Registry shall send back the records expeditiously along with a copy of this order to be made a part of the record by the said learned Tribunal. Page No.# 5/5 10. The writ petition stands allowed to the extent as indicated above. JUDGE JUDGE Comparing Assistant