Page No.# 1/4 GAHC010205182019 2025:GAU-AS:13927 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6539/2019 RUPCHAN ALI @ RUPSHAN ALI S/O- MD. SAIJUDDIN @ SAYER UDDIN, VILL- CHAKIRVITA, P.S. AND DIST- BARPETA, ASSAM, PIN- 781301 VERSUS THE UNION OF INDIA AND 6 ORS. REP. BY THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI- 110001 2:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSIONER INDIA NEW DELHI- 110001 3:THE STATE OF ASSAM REP. BY THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6 4:THE STATE CO-ORDINATOR ASSAM NATIONAL REGISTER OF CITIZENS BHANGAGARH GHY-5 5:THE SUPERINTENDENT OF POLICE (B) BARPETA DIST- BARPETA ASSAM PIN- 781301 Page No.# 2/4 6:THE DY. COMMISSIONER OF POLICE GHY KAMRUP (M) ASSAM GHY-1 7:THE DY. COMMISSIONER BARPETA DIST- BARPETA ASSAM PIN- 78130 Advocate for the Petitioner : MR R ISLAM, MS M DEKA Advocate for the Respondent : ASSTT.S.G.I., SC, NRC,SC, ELECTION COMMISSION.,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 17.10.2025 (K.R. Surana, J) Heard Mr. R. Islam, learned counsel for the petitioner. Also heard Mr. G. Sharma, learned standing counsel for the FT and Border matters; Mr. P.S. Lahkar, learned CGC ; Mr. H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for ECI and Mr. P. Sarmah, learned Additional Senior Govt. Advocate. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the ex parte opinion dated 19.06.2018, passed by the learned Member, Foreigners’ Tribunal No-5, Kamrup (Metro), Assam at Guwahati, in F.T. Case No. 44/2018, corresponding to Police Case No. 72/2018, thereby declaring the petitioner, to be foreigner of post 25.03.1971 stream. 3. Pursuant to earlier orders passed, the records of the Tribunal is Page No.# 3/4 received. 4. The learned standing counsel for the FT and Border matters made is submissions in support of the impugned opinion stating that once an opinion is rendered that would over-ride the observations made by the Enquiry Officer in respect of the petitioner. 5. On a perusal of the records, it appears that the Enquiry Officer having examined the witness and on receipt of reply from the In-Charge of Koyakuchi Police Station vide report dated 16.02.2018 to the effect that the petitioner is an Indian by birth, recommended that the case be dropped. Nonetheless, the matter was forwarded to the Foreigners Tribunal No-5, Kamrup (Metro), Guwahati for opinion. In terms of the said recommendation made by the In- Charge, Border Branch, Fatasil Ambari Police Station dated 09.03.2018, the matter was taken up by the Deputy Commissioner of Police (Border), Guwahati and without expressing any disagreement with the opinion of the Enquiry Officer, nearly forwarded the matter to the Foreigners Tribunal No-5, Kamrup (Metro), Guwahati for opinion without disclosing any material as to why he is suspected the petitioner to be a foreigner of post 25.03.1971 stream. 6. It is too well settled that without reference made by the authorized officer, suspecting a person to be a foreigner, the Foreigners Tribunal would not have jurisdiction to entertain a proceeding against a person who is not suspected to be a foreigner but in respect of whom the opinion of the Enquiry Officer is that he is an Indian. 7. Resultantly, in the absence of any reference against the petitioner, the impugned opinion is found to be vitiated as the Tribunal would not have jurisdiction to examine the reference in respect of an Indian. 8. Resultantly, the said impugned ex parte opinion dated 19.06.2018, Page No.# 4/4 passed by learned Member, Foreigners’ Tribunal No-5, Kamrup (Metro), Assam at Guwahati, in F.T. Case No. 44/2018, corresponding to Police Case No. 72/2018, is hereby set aside and quashed. 9. The petitioner shall produce a certified copy of the order before the Deputy Commissioner of Police (Border), Kamrup (Metro), Guwahati to bring the order to notice of the said authority. 10. The Registry shall send back the records of the Tribunal along with a copy of the order to be made a part of record by the said learned Tribunal. 11. Accordingly, the writ petition stands allowed. JUDGE JUDGE Comparing Assistant