Page No.# 1/4 GAHC010151842025 2025:GAU-AS:10283-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4392/2025 JALAL UDDIN SHEIKH S/O LT. TANKUR ALI @ TANKU SHEIKH, R/O VILL- BALAJANI, P.S.- ABHAYAPURI, DIST- BONGAIGAON (ASSAM), PIN-783384 VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, THE MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TILOK MARG, NEW DELHI-1 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HOME DISPUR GUWAHATI-6 3:THE SUPERINTENDENT OF POLICE (BORDER) BONGAIGAON PIN-783385 4:THE DISTRICT COMMISSIONER BONGAIGAON DIST- BONGAIGAON (ASSAM) PIN-783384 5:THE OFFICER-IN-CHARGE BONGAIGAON POLICE STATION DIST- BONGAIGAON PIN-783384 Page No.# 2/4 6:THE OFFICER-IN-CHARGE (BORDER) ABHAYAPURI POLICE STATION DIST- BONGAIGAO Advocate for the Petitioner : MR. A ROSHID, MS. T BEGUM Advocate for the Respondent : DY.S.G.I., SC, NRC,SC, F.T,SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 06.08.2025 (K.R. Surana, J) Heard Mr. A. Roshid, learned counsel for the petitioner. Also heard Ms. S. Baruah, learned CGC; Ms. A. Verma, learned standing counsel for the FT matters and NRC; Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent. 2. In brief, the case of the petitioner, namely, Jalal Uddin Sheikh, is that by an opinion dated 14.07.2016, passed by the learned Member, Foreigners’ Tribunal, Bongaigaon No.2, Abhayapuri in BNGN/FT/CASE No. 1420/07, arising out of Ref: FT BNGN 151/05, he was declared to be a foreigner/illegal migrant of post 25.03.1971 stream. The said opinion was unsuccessfully challenged before this Court by filing WP(C) 4503/2016, which was dismissed by order dated 09.04.2019. 3. The impugned opinion appears to have attained finality as the said opinion was not further challenged and accordingly, the dismissal of the writ petition by order dated 09.04.2019, has also attained finality. 4. It is projected that pursuant to the opinion referred above, the Page No.# 3/4 petitioner was taken into custody on 14.07.2016 and he was kept at the Transit Camp at Matia, Goalpara and that pursuant to order dated 10.05.2019, passed by the Supreme Court of India in Writ Petition (Civil) No. 1045/2018, Supreme Court Legal Services Committee v. Union of India & Anr., the petitioner was released on completing more than 3 (three) years of detention on certain conditions that are mentioned in the said order. 5. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for issuance of writ in the nature of mandamus and/or certiorari for directing the respondent authorities to discharge the petitioner from opinion dated 14.07.2016, passed by the learned Member, Foreigners’ Tribunal, Bongaigaon No.2, Abhayapuri in BNGN/FT/CASE No. 1420/07. 6. The learned standing counsel for the FT matters has opposed the prayer. 7. In the considered opinion of the Court, as the hereinbefore referred opinion dated 14.07.2016 has attained finality, and moreover, after the challenge to the same was dismissed by order dated 09.04.2019, passed by this Court in WP(C) 4503/2016, there being no provision under any law in force which provides for discharge of a declared foreign national from the opinion rendered by the jurisdictional Foreigners Tribunal merely because the declared foreign national has undergone 3 (three) years of detention. 8. Accordingly, this Court, having dismissed the challenge to the hereinbefore referred opinion dated 14.07.2016 by order dated 09.04.2019, passed in WP(C) 4503/2016, would have no jurisdiction to interfere with the said opinion by entertaining the present writ petition in respect of the same Page No.# 4/4 cause of action, and to determine as to whether or not the petitioner can be discharged from the said opinion. 9. Resultantly, this writ petition is dismissed at the motion stage without issuance of notice on the respondents. 10. The Registry shall communicate a copy of this order to the concerned Foreigners Tribunal, Bongaigaon No.2, Abhayapuri to make it a part of the record of BNGN/FT/CASE No. 1420/07. JUDGE JUDGE Comparing Assistant