Page No.# 1/4 GAHC010135362025 2025:GAU-AS:10950-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No: WP(C)/4136/2019 SAMARUDDIN AND ANR. S/O LT. ISAB ALI @ USUF ALI R/O VILL. NARAMARI P.S. DHARAMTUL DIST.- MORIGAON ASSAM 2: RAFIKUL ISLAM S/O MD. SAMARUDDIN R/O VILL. NARAMARI P.S. DHARAMTUL DIST.- MORIGAON ASSAM VERSUS THE UNION OF INDIA AND 3 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HOME AFFAIRS JAISALMER HOUSE 26 MANSINGH ROAD NEW DELHI-110011 2:THE STATE OF ASSAM REP. BY ITS SECRETARY DEPTT. OF HOME DISPUR GUWAHATI-6 3:THE DISTRICT ELECTION OFFICER MORIGAON Page No.# 2/4 DIST.-MORIGAON ASSAM PIN-782105 4:THE SUPERINTENDENT OF POLICE (BORDER) MORIGAON DIST.-MORIGAON ASSAM PIN-782105 ------------ Advocate for : MR. U DUTTA Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 3 ORS. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 18.08.2025 (K.R. Surana, J) Heard Mr. U. Dutta, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC; Ms. N. Bedi, learned counsel on behalf of Ms. P. Barua, learned standing counsel for the ECI; Mr. J. Payeng, learned standing counsel for the FT matters and NRC; and Mr. H.K. Hazarika, learned Junior Govt. Advocate for respondent. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioners, namely, Md. Smaruddin and Md. Rafikul Islam have assailed the impugned opinion dated 16.05.2018, passed by the learned Member, Foreigners Tribunal No. 1st, Morigaon, Assam, in F.T (C) Case No. 779/2010, arising out of IM(D)T Case No. 531/2001, dated 29.08.2001, by which the said 2 (two) petitioners was declared as an illegal migrant. 3. The sole ground on which this opinion has been assailed by the petitioners is that as regards the petitioners, no enquiry was ever made and that Page No.# 3/4 the Superintendent of Police (Border), Morigaon had directed an enquiry to be made with regard to the nationality only of Rahima Begam, who is the wife of petitioner no. 1 and mother of petitioner no. 2, suspecting her to be an illegal migrant from the specified territory of Bangladesh who had entered into India on/ or after 25.03.1971. However, no enquiry was conducted in respect of the petitioners herein and that no reference was forwarded by the Superintendent of Police (Border), Morigaon to the erstwhile Illegal Migrants (Determination) Tribunal. However, despite the reference been made against Rahima Khatun, the learned Member, Foreigners Tribunal No. 1st, Morigaon registered the proceedings of F.T. (C) Case No. 779/2010, in the names of Rahima Begum @ Khatoon, Samaruddin and Rofikul Islam. 4. The learned standing counsel for the FT matters has opposed the challenge made in this writ petition. 5. The records received by the learned Tribunal are perused. It is observed that the enquiry was directed to be made only against “Rahima Begam” and accordingly, the Enquiry Officer had made enquiry only against her. Thus, the reference by the Superintendent of Police (Border), Morigaon was only made against her, however, the name was spelt as “Rahima Khatoon”, wife of Samaruddin (petitioner no. 1). 6. It is well settled that the Foreigners Tribunal can make determination only against the person against whom the reference is made. The Tribunal, derives jurisdiction only on specific reference being made. 7. In this case no reference was made by the competent authority i.e., the Superintendent of Police (Border), Morigaon, against the 2 (two) petitioners herein. 8. Therefore, the proceeding of F.T. (C) Case No. 779/2010, which had Page No.# 4/4 proceeded, amongst others, against the petitioners, was wholly without jurisdiction. 9. Resultantly, the impugned opinion dated 16.08.2018, is not found sustainable in respect of the 2 (two) petitioners herein, namely, Samaruddin and Rofikul Islam. 10. In respect of the said legal proposition, the if one requires any authority on the point, the case of Sahera Khatun v. Union of India, WP(C) No. 7404/2017, decided on 31.01.2019 may be referred to. 11. Resultantly, the said opinion is hereby set aside in so far as the 2 (two) petitioners namely, Samaruddin and Rofikul Islam are concerned, without any interference with the said opinion in respect of the first proceedee namely, Rahima Begum @ Khatoon. 12. Let the record of the Tribunal, which is tagged with this writ petition is returned forthwith along with the copy of the order to be made a part of record. 13. The petitioners shall produce a certified copy of the order to the Superintendent of Police (Border), Morigaon to bring the order to the notice of the said authority. 14. This order shall not preclude the competent authority to make an independent enquiry against the petitioners if so advised and to take appropriate steps. JUDGE JUDGE Comparing Assistant