Page No.# 1/4 GAHC010116962025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2973/2025 MUKLESH UDDIN SON OF MAFIZUDDIN, RESIDENT OF 1921, PUNIYANI (PART- 2), TEZPUR, TEZPUR, DISTRICT- SONITPUR AND FATHER OF ELIJA BEGUM (DETAINEE), AGED ABOUT 44 YEARS, RESIDENT OF THENGASHALI, MIKIRBHETA P.S., CHARAIBAHI, MORIGAON, ASSAM- 782106 VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN-110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF HOME DISPUR GUWAHATI-781006. 3:THE CHIEF ELECTION COMMISSIONER ELECTION COMMISSION OF INDIA ASHOKA ROAD NEW DELHI- 110001 4:THE DISTRICT COMMISSIONER MORIGAON ASSAM- 782105 5:THE SUPERINTENDENT OF POLICE (BORDER) MORIGAON ASSAM- 782105 Page No.# 2/4 6:OFFICER IN CHARGE MIKIRBHETA POLICE STATION MORIGAON ASSAM-78200 Advocate for the Petitioner : MR. D GOGOI, MR. I BORTHAKUR Advocate for the Respondent : DY.S.G.I., SC, NRC,SC, F.T,SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 08.09.2025 (S. K. Medhi, J) Heard Shri I. Borthakur, learned counsel for the petitioner as well as the intervenor. Also heard Shri H. K. Hazarika, learned Govt. Advocate, Assam, Shri G. Sarma, learned Standing Counsel, NRC, Ms. A. Verma, learned Standing Counsel, Foreigners’ Tribunal, Ms. N. Bedi, learned counsel appearing on behalf of Ms. P. Baruah, Standing Counsel, ECI and Ms. K. Phukan, learned CGC. 2. Vide an order passed today in IA(C)/2826/2025, Musstt. Elija Begum against whom the proceeding was initiated has been permitted to intervene in the present writ petition. 3. Considering the subject matter involved and as agreed to by the learned counsel for the parties, the instant writ petition is taken up for disposal at the admission stage. 4. The challenge is against the order dated 21.11.2017 passed in FT Case No. 381/2016 by the Foreigners’ Tribunal No. 3, Morigaon arising out of Reference FT Case No. 380/2010. As noted above, when this petition was taken up for Page No.# 3/4 consideration on the last date i.e. 06.08.2025, the issue regarding the whereabouts of the daughter of the petitioner was also raised. Subsequently, the affected party, namely, Musstt. Elija Begum has filed the aforesaid IA in which permission to intervene has been granted. 5. By the impugned order dated 21.11.2017 passed in FT Case No. 381/2016 by the Foreigners’ Tribunal No. 3, Morigaon, the intervenor, Musstt. Elija Begum has been declared as a foreigner in post 1971 stream. It is the case of the petitioner/intervenor that the impugned opinion was rendered ex-parte and there was no notice served by which the intervenor was deprived from a fair opportunity to defend her case. It is also projected that there are materials to demonstrate that the petitioner is not a foreigner. 6. On the other hand, the learned counsel for the respondents have submitted that all attempts were made to serve notice upon the party which was avoided for which, the notice had to be affixed in a conspicuous place in the locality. 7. We have gone through the records of the case. 8. It appears from the report of the process server that the notice was affixed on a tree which may not be held to be strictly in the manner prescribed for issuance of notice. However, without going into the aforesaid issue in details, this Court is of the opinion that the interest of justice would be served and the equity would be balanced if the intervenor, Musstt. Elija Begum is granted an opportunity to contest the proceeding. Accordingly, the impugned order dated 21.11.2017 passed in FT Case No. 381/2016 by the Foreigners’ Tribunal No. 3, Morigaon is set aside. 9. Consequently, the intervenor Musstt. Elija Begum is directed to be released from custody forthwith. The Superintendent of Police (Border), Morigaon is however required to obtain and retain the biometrics of the iris of both eyes, the fingerprints and the photographs of the intervenor, before such release Page No.# 4/4 10. This Court further directs the intervenor, Musstt. Elija Begum to appear before the learned Tribunal on 23.09.2025 from which date the learned Tribunal would take charge of the proceeding. It is also made clear that since this order has been passed in presence of the learned counsel for the parties, there would be no requirement to issue further notice for appearance. 11. This Court also makes it clear that though the Reference was made in the name of Musstt. Elija Begum, vide the impugned order, certain observations have been made against the family members. It is needless to state that unless a Reference is made against a particular individual, no opinion can be rendered against any other persons. 12. Writ petition accordingly stands allowed. JUDGE JUDGE Comparing Assistant