Page No.# 1/3 GAHC010247062019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7889/2019 MOHIRUDDIN @ MOHUR UDDIN @ MOHIR UDDIN SHEIKH S/O- LATE RAHMAN ALI MISTRI @ RAKMAN MISTRI @ RAHMAN MISTRI, R/O.-VILL- JHELTURCHAR PT-II, P.O. KAZAIKATA, P.S.- BILASIPARA, DIST- DHUBRI, ASSAM, PIN- 783348. VERSUS THE UNION OF INDIA AND 10 ORS. REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-01. 2:THE CHIEF ELECTION COMMISSIONER OF INDIA NEW DELHI-01. 3:THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GHY-06. 4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GHY-06. 5:THE STATE CO-ORDINATOR NRC ASSAM BHANGAGARH GUWAHATI-05. 6:THE DIRECTOR GENERAL OF POLICE ASSAM Page No.# 2/3 ULUBARI GUWAHATI-05. 7:THE SUPERINTENDENT OF POLICE (B) DHUBRI DIST- DHUBRI ASSAM. PIN- 783301. 8:THE DEPUTY COMMISSIONER DHUBRI DIST- DHUBRI ASSAM. PIN- 783301. 9:THE OFFICER-IN-CHARGE BAGRIBARI POLICE STATION DIST- DHUBRI ASSAM. PIN- 783349. 10:THE OFFICER-IN-CHARGE BILASIPARA POLICE STATION DIST- DHUBRI ASSAM. PIN- 783348. 11:THE ELECTORAL REGISTRATION OFFICER 26TH BILASIPARA WEST LAC DIST- DHUBRI ASSAM PIN- 783348 Advocate for the Petitioner : MR. M HUSSAIN, MD. A. RASHID Advocate for the Respondent : ASSTT.S.G.I., SC, ECI,SC, F.T,SC, NRC BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 06.05.2026 (Shamima Jahan , J.) Heard Shri M. Hussain, learned counsel for the petitioner. Also heard Shri G. Sarma, learned Standing Counsel, NRC and FT matters as well as Shri N. Page No.# 3/3 Kalita, learned counsel appearing on behalf of Shri AI Ali, learned Standing Counsel, ECI and Shri P. Sarma, learned State Counsel. 2. The instant writ petition has been filed challenging the opinion dated 28.10.2015 passed by the learned Member, Foreigners' Tribunal No. 7th, Dhubri at Bilasipara in FT Case No. 28/BBR/15whereby the petitioner wasdeclared to be a foreigner post 25.03.1971 stream. 3. The learned counsel for the petitioner has submitted that the petitioner had expired on 22.08.2021 and a death certificate has been produced when the matter is taken up today. In view of the same, the present challenge has been rendered as mere academic. Further, it has been decided in a number of cases that any opinion rendered by the learned Tribunal against a proceedee would not be the sole ground to declare any other family members as foreigner since the declaration that a proceedee is a foreigner is specific in nature. In this regard, reliance can be placed on the case of Sudhir Kr. Roy Vs. Union of India decided on 04.01.2019 in WP(C)/6790/2018. 4. In view of the above, the instant writ petition is closed. 5. The records handed over by the learned Standing Counsel, FT, may be transmitted to the concerned Foreigners Tribunal. JUDGE JUDGE Comparing Assistant