Page No.# 1/4 GAHC010211432018 2025:GAU-AS:656 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7014/2018 RAMEZ UDDIN S/O- LT HABEJ UDDIN, R/O- VILL- DAKSHIN SITOLI, P.S. BAGHBOR, DIST- BARPETA, ASSAM VERSUS THE UNION OF INDIA AND 5 ORS. REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TILOK MARG, NEW DELHI-1 2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6 3:THE DY. COMMISSIONER BARPETA P.O. AND DIST- BARPETA ASSAM PIN- 781301 4:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O. AND DIST- BARPETA ASSAM PIN- 781301 5:THE ELECTION COMMISSION OF INDIA NEW DELHI-1 6:THE ASSAM STATE CO-ORDINATOR OF NRC Page No.# 2/4 BHANGAGARH GHY- Advocate for the Petitioner : MR. A R SIKDAR, MR N AHMED,MR A ALI,MR. S ISLAM Advocate for the Respondent : ASSTT.S.G.I., SC, NRC,SC, ELECTION COMMISSION.,SC, F.T BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 20.01.2025 (M.R.Pathak, J) Heard Mr. A R Sikdar, learned counsel for the petitioner and Mr. P S Bhattacharya, learned CGC for the respondent No. 1, Union of India. Also heard Mr. G Sharma, learned Standing counsel, Home Department, Assam for the respondent Nos. 2, 4 & 6; Mr. R Talukdar, learned Government Advocate, Assam for the respondent No. 3 and Mr. H Kuli, learned Standing counsel, Election Commission of India for the respondent No. 5. 2. Being aggrieved with the common judgment and order dated 14.03.2018 passed by learned Member, Foreigners Tribunal 4th, Barpeta in F.T. Case No. 495/2015 arising out of Reference F.T. Case No. 292/2015 by which he along with his wife, Ms. Shahatan Nessa were declared as foreigners of post 25.03.1971 stream, the petitioner, namely, Ramez Uddin, son of Late Habej Uddin, resident of Village-Dakshin Sitoli, Police Station-Baghbor, District-Barpeta has preferred this writ petition on 19.09.2018. 3. The contention of the petitioner is that the entire proceeding relating to said Reference F.T. Case No. 292/2015 that was forwarded by the Superintendent of Police (Border), Barpeta under Rule 2(1) of the Foreigners (Tribunals) Order, 1964 was against his wife Ms. Shahatan Nessa, but not against him and inspite of that the Foreigners Tribunal 4th, Barpeta in F.T. Case No. 495/2015 (arising out of said Reference F.T. Case No. 292/2015) issued Notice to him and further, by the impugned common judgment and order dated 14.03.2018 opined him to be a foreigner of post 25.03.1971 stream under the said 1946 Act. 4. Though notice was issued to him as husband of Ms. Shahatan Nessa, but he did not appear Page No.# 3/4 in the matter and the learned Member, Foreigners Tribunal 4th, Barpeta in the common impugned judgment and order dated 14.03.2018 observed that he did not contest the case in spite of receipt of notice and opined the petitioner to be a foreigner of post 25.03.1971 stream under the Foreigners Act, 1946. 5. Perused the records of F.T. Case No. 495/2015, wherein the impugned judgment and order dated 14.03.2018 was passed by the learned Member, Foreigners Tribunal 4th, Barpeta that was called for by order dated 09.10.2018. 6. On perusal of the records of said F.T. Case No. 495/2015 arising out of Reference F.T. Case No. 292/2015, it is seen that the proceeding against one Ms. Shahatan Nessa, wife of the present petitioner Ramez Uddin was initiated way back on 01.12.2015 and after enquiry, the Superintendent of Police (Border), Barpeta on 01.12.2015 vide Reference F.T. Case No. 292/2015 referred the matter to the learned Member, Foreigners Tribunal 4th, Barpeta under Rule 1(1) of the Foreigners (Tribunals) Order, 1964 with the detailed enquiry report, requesting the said authority to give its opinion as to whether said Ms. Shahatan Nessa, wife of the petitioner is a foreigner under the Foreigners Act, 1946 or not. 7. On perusal of the relevant records and the order-sheets of said F.T. Case No. 495/2015 arising out of Reference F.T. Case No. 292/2015, it is seen that by order dated 27.09.2016 the Foreigners Tribunal 4th, Barpeta issued notice to the proceedee, Ms. Shahatan Nessa, wife of the present petitioner Ramez Uddin only. However, it is seen that in the Notice, name of both Ms. Shahatan Nessa as well as the present petitioner, Ramez Uddin as husband of said Ms. Shahatan Nessa were marked as Nos. 1 and 2 and the said Notice was received by the present petitioner. 8. As the record of the case reveals that after the enquiry, the relevant Reference made by the Superintendent of Police (Border), Barpeta was with regard to Ms. Shahatan Nessa, wife of the petitioner and not against the petitioner, Ramez Uddin, as noted above, therefore, we found that the proceeding initiated against the petitioner, Ramez Uddin under the provisions of the Foreigners (Tribunals) Order, 1964 in said F.T. Case No. 495/2015 arising out of Reference F.T. Case No. 292/2015 by the Foreigners Tribunal 4th, Barpeta is bad in law. 9. As such the impugned common judgment and order dated 14.03.2018 passed by the learned Member, Foreigners Tribunal 4th, Barpeta in said F.T. Case No. 495/2015 arising out of Page No.# 4/4 Reference F.T. Case No. 292/2015, opining the petitioner, namely, Ramez Uddin, son of late Habej Uddin, resident of village-Dakshin Sitoli, P.S.-Baghbor, District-Barpeta, Assam to be a foreigner of post 25.03.1971 stream under the Foreigners Act, 1946, being illegal and not tenable in law, is accordingly set aside and quashed. 10. However, it is made clear that there shall not be any bar on the part of the Superintendent of Police (Border), Barpeta to make any fresh enquiry and Reference against the petitioner, if he is found to be a suspected foreigner under the Foreigners Act, 1946 during such enquiry. 11. The interim protection granted to the petitioner earlier on 09.10.2018 stands merged with this order. 12. With the above observation and direction, this writ petition stands allowed. 13. Registry shall immediately communicate this order to the Foreigners Tribunal 4th, Barpeta as well as the Superintendent of Police (Border), Barpeta for their necessary use. 14. Registry shall also retain the record of F.T. Case No. 495/2015 arising out of Reference F.T. Case No. 292/2015 of the Foreigners Tribunal 4th, Barpeta and shall tag it with W.P. (C) No. 2983/2018 (Shahatan Nessa -Vs- Union of India 5 others) for its adjudication. JUDGE JUDGE Comparing Assistant