Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 25082 (GAU)

MD TAHER ALI v. THE UNION OF INDIA

I.A.(Civil)/3765/2025 · 2025-12-07

Kalyan Rai Surana, Shamima Jahan

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010170042025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5174/2025 MD TAHER ALI S/O-LATE SAHAMAT ALI @ SAHAMAD ALI @ SAMED ALI @ SAHABUDDIN, R/O- VILL-KHAGORIJAN, P.O. AND P.S.- THEALAMARA, DIST.-SONITPUR, ASSAM. VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY, HOME AFFAIRS, NEW DELHI-110001. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 3:THE ELECTION COMMISSION OF INDIA NEW DELHI-110001. 4:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) BHANGAGARH GUWAHATI-5. 5:THE SUPERINTENDENT OF POLICE BORDER SONITPUR ASSAM. PIN-784001 6:THE DISTRICT COMMISSIONER DIST-SONITPUR Page No.# 2/4 ASSAM PIN-78400 Advocate for the Petitioner : MR S C DAS, D R BONGSHIARY,MR. C. SHIL,P BURAGOHAIN Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, NRC,SC, ECI,GA, ASSAM Linked Case : I.A.(Civil)/3765/2025 MD TAHER ALI S/O-LATE SAHAMAT ALI @ SAHAMAD ALI @ SAMED ALI @ SAHABUDDIN R/O- VILL-KHAGORIJAN P.O. AND P.S.- THEALAMARA DIST.-SONITPUR ASSAM. VERSUS THE UNION OF INDIA REPRESENTED BY THE SECRETARY HOME AFFAIRS NEW DELHI-110001. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 3:THE ELECTION COMMISSION OF INDIA NEW DELHI-110001. 4:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) BHANGAGARH GUWAHATI-5. 5:THE SUPERINTENDENT OF POLICE BORDER SONITPUR ASSAM. PIN-784001 Page No.# 3/4 6:THE DISTRICT COMMISSIONER DIST-SONITPUR ASSAM PIN-784001 ------------ Advocate for : MR S C DAS Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 17.12.2025 (K.R. Surana, J) Heard Mr. S. C. Das, learned counsel for the petitioner. Also heard Ms. S. kataky, learned standing counsel for the ECI and Mr. G. Sharma, learned standing counsel for the FT matters and NRC. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 03.08.2023, passed by the learned Member, Foreigners Tribunal, No. 8, Tezpur, in F.T.(8) Case No.3795/2018 (Ref.TZP(B) F.T. Case No.934/10), thereby declaring the petitioner to be a foreigner of post 25.03.1971 stream. 3. Issue notice returnable on 30.01.2026. 4. Let the relevant records be called for from the concerned Foreigners Tribunal thorough e-mail at the following e-mail address of the learned Tribunal:- pank.adv.abhivy@gmail.com Page No.# 4/4 5. Requisite extra copies of the writ petition be furnished to the learned counsel for the respondents within 2 (two) working days. 6. Prayer for bail shall be considered on receipt of records. 7. In the meantime, if the petitioner, namely, Md. Taher Ali, is apprehended he shall not be deported out of the Country without the order of the Court. 8. The petitioner shall cause production of certified copy of the order to the Superintendent of Police (Border), Sonitpur, Assam to bring the order to the notice of the said authority. 9. List on 30.01.2026. JUDGE JUDGE Comparing Assistant