Page No.# 1/4 GAHC010186692025 2025:GAU-AS:11768-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5009/2025 MD SAIDULLAH ALI S/O LATE HAFIZUDDIN, R/O VILL- MANIKPUR, P.S.- DHAKUAKHANA, DIST- LAKHIMPUR, ASSAM VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, HOME DEPARTMENT, NEW DELHI-1 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-06 3:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOK ROAD NEW DELHI PIN-110001 4:THE DISTRICT COMMISSIONER LAKHIMPUR P.O.- NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM PIN-787001 5:THE SUPERINTENDENT OF POLICE (BORDER) LAKHIMPUR Page No.# 2/4 P.O.- NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM PIN-787001 6:THE STATE COORDINATOR NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GUWAHATI-0 Advocate for the Petitioner : MR H P GUWALA, MR. A BORO 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. H.P. Guwala, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC; Ms. P. Barua, learned standing counsel for the ECI; Ms. A. Verma, learned standing counsel for the FT matters and NRC; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for respondent. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely Md. Saidullah Ali, has assailed the impugned ex parte opinion dated 09.04.2009, passed by the learned Member, Foreigners Tribunal-II, Lakhimpur, North Lakhimpur, in LFT Case No. F.T. 32/08, arising out of Dist. No. 3981/07, by which the petitioner was declared as an illegal migrant. 3. The learned counsel for the petitioner has submitted that the petitioner had contested the case on merit but unfortunately after service of notice from the learned, the petitioner became ill and suffered a prolonged Page No.# 3/4 illness and therefore, he failed to participate in the proceedings before the learned Tribunal. It is submitted by the learned counsel for the petitioner that the petitioner has documents to show that he is a citizen of India and his name has entered in the National Register of Citizens. Accordingly, it is submitted that following the principle that no genuine Indian Citizen should be thrown out of the Country, the petitioner has prayed for setting aside of the impugned ex parte opinion dated 09.04.2009. 4. The learned standing counsel for the FT matters has opposed the issuance of notice in this writ petition on the ground of inordinate delay and laches in challenging the impugned ex parte opinion. 5. On perusal of the materials available on record and there is no document to show that what sort of illness the petitioner suffering since service of notice in the year 2009, which lasted for about 16 (sixteen) years, disabling him from taking appropriate steps before the learned Tribunal. 6. In the affidavit sworn-in-support of the present writ petition, the petitioner has declared his age to 56 (fifty six) years which is found to be inconsistent with the date of birth of 19.11.1980, recorded in the Electoral Photo Identity Card as well the Aadhar Card and the Income Tax PAN Card, where date of birth is recorded as 09.03.1981. 7. Under the circumstances, in view of the projection of incorrect age of the petitioner, same amounts to fraud upon the Court. Therefore, on the ground of lack of explanation about the cause of delay and laches of more than 16 (sixteen) years in challenging the opinion dated 09.04.2009, passed by the learned Member, Foreigners Tribunal-II, Lakhimpur, North Lakhimpur in LFT Case No. F.T. 32/08, arising out of Dist. No. 3981/07, this writ petition is dismissed. Page No.# 4/4 8. In view of the incorrect projection of the age of the petitioner, which is found to be inconsistent with documents annexed, the Court is inclined to hold that the petitioner has committed fraud upon the Court. Accordingly, writ petition stands dismissed at the motion stage without issuance of notice upon the respondents. 9. Registry shall communicate a copy of this order to the learned Member, Foreigners Tribunal-II, Lakhimpur, North Lakhimpur to make it a part of record. JUDGE JUDGE Comparing Assistant