Page No.# 1/4 GAHC010183132025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5048/2025 MD SAHEB ALI @ SAIBALI AND 2 ORS. S/O LATE ROBIULLA @ RABI ULLAH, R/O VILL- KURANIBORI, P.S.- MAYONG, DIST- MORIGAON, ASSAM 2: MUSSTT BEDENA KHATOON @ KHATUN W/O MD SAHEB ALI @ SAIBALI D/O LATE KITAB ALI @ KHITAP ALI R/O VILL- KURANIBORI P.S.- MAYONG DIST- MORIGAON ASSAM 3: MD AZARA UDDIN @ AJAR UDDIN S/O MD SAHEB ALI @ SAIBALI R/O VILL- KURANIBORI P.S.- MAYONG DIST- MORIGAON ASSA VERSUS THE UNION OF INDIA AND 5 ORS THROUGH THE MINISTRY OF HOME AFFAIRS, GRIHA MANTRALAYA, NEW DELHI 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006 3:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN Page No.# 2/4 ASOKA ROAD NEW DELHI PIN-110001 4:THE STATE CO-ORDINATOR NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GUWAHATI-781005 5:THE DISTRICT COMMISSIONER MORIGAON DIST- MORIGOAN ASSAM 6:THE SUPERINTENDENT OF POLICE (BORDER) MORIGAON DIST- MORIGOAN ASSA Advocate for the Petitioner : MR. I CHOUDHURY, R L CHUTIA Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, NRC,SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 01-09-2025 (K.R. Surana, J) Heard Mr. I. Choudhury, learned counsel for the petitioner as well as Ms. A. Verma, learned standing counsel for the Foreigners Tribunal, Mr. A.I. Ali, learned standing counsel for the Election Commission of India and Ms. A. Gayan, learned CGC. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 28.01.2019, passed by the learned Member, Foreigners’ Tribunal No. 4th, Morigaon, in F.T. Page No.# 3/4 case no. 56/2017, arising out of Police Reference F.T. Case No.85/2017, by which the petitioner was declared as an illegal migrant. 3. The issuance of notice in this writ petition is opposed by the learned Standing counsel for the FT matters on the ground that the delay and laches in assailing the order is vague. 4. On the query of the Court as to explain the delay and laches in assailing the impugned opinion, the learned counsel for the petitioner has referred to the statement made in paras-14 and 15 of the writ petition and it is submitted that the petitioners could not challenge the impugned opinion due to ill health and financial hardship and the certified copy of the opinion could only be collected on 16.06.2025. It is submitted that due to the fault of the learned counsel for the petitioners, the petitioners had failed to submit any documents of citizenship and nothing regarding the petitioner nos.2 and 3 was mentioned in their written statement. 5. On perusal of the materials available on record, it is seen that though there are 3 petitioners, no documents have been annexed to show the nature of illness by which all the three petitioners were suffering from 2019 i.e. for 6 years. Moreover, there is no statement in this writ petition to show that the petitioners had provided all the requisite instructions to their learned counsel but there was no pleadings in the writ petition in terms of the instructions provided. It is also not explained why the petitioner no.1 had sworn an affidavit in support of the writ petition by affixing his mark without understanding its contents. 6. Moreover having filed the written statement on 13.07.2018, the Page No.# 4/4 petitioners had sufficient time to peruse the written statement before opinion was rendered on 28.01.2019. Accordingly, the allegation against the learned counsel for the petitioners before the learned Tribunal and in the writ petition before this Court, being vague, cannot be accepted. 7. The opinion was rendered on 28.01.2019, and this writ petition was filed on 13.08.2025. Therefore, there is an unexplained delay of 6 years, 6 months, 16 days (i.e. 2389 days) in filing this writ petition. In view of the delay and laches on part of the petitioners to assail impugned opinion the present writ petition stands dismissed. 8. The Registry shall transmit a copy of the order to the learned Member, Foreigners’ Tribunal No. 4th, Morigaon to make it a record of F.T. case no. 56/2017 for future reference. JUDGE JUDGE Comparing Assistant