Page No.# 1/4 GAHC010244882025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6415/2025 SOLIM UDDIN ALIAS MD SOLIM UDDIN ALIAS SELIM UDDIN SON OF LT ATIBAR RAHMAN, RAKHALKILLA, LAKHIPUR, GOALPARA, ASSAM VERSUS THE UNION OF INDIA AND OTHRS REPRESENTED BY THE SECRETARY OF THE MINISTRY OF HOME AFFAIRS GOVT OF INDIA, NEW DELHI 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI 3:THE ELECTION COMMISSION OF INDIA NEW DELHI 4:THE STATE COORDINATOR OF NRC ASSAM DISPUR GUWAHATI 5:THE DISTRICT COMMISSIONER GOALPARA ASSAM 6:THE SUPERINTENDENT OF POLICE B GOALPARA ASSAM Page No.# 2/4 7:THE OFFICER IN CHARGE LAKHIPUR GOALPARA ASSA Advocate for the Petitioner : MR. M I HUSSAIN, MR. N ISLAM,MR. R ISLAM,N. UDDIN Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 14-11-2025 Heard Mr. N. Uddin, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned Govt. Advocate, Assam appearing for the respondent No. 1, Mr. G. Sarma, learned standing counsel, FT & NRC appearing for the respondent Nos. 2, 4, 6 & 7 and Ms. S. Katakey, learned standing counsel, ECI appearing for the respondent No. 3. Having considered the nature of the grievance raised in this proceeding and as agreed to by the learned counsel for the parties, this writ petition is disposed of at the motion stage itself. The petitioner in the present proceeding has projected that against his name recorded in the Voters List of 1997 of village 86 Rakhal Killa, 87 Haldibari Part-II, Goalpara, a ‘D’ mark has been appended. He submits that the said ‘D’ mark has continued to remain in the Voters List published subsequently. The learned counsel for the petitioner submits that the ‘D’ mark being appended against his name and his citizenship have been rendered doubtful, the case of the petitioner was not forwarded by the authority Page No.# 3/4 concerned to the jurisdictional Foreigners Tribunal for determination of his citizenship. The learned counsel for the petitioner submits that the petitioner has relevant materials to establish linkage with his grandfather who was a resident of the State of Assam prior to 1966. The learned counsel for the respondents have fairly submitted that in the present case it appears that the petitioner has not been provided any opportunity of being heard and no due process of law has been followed. They submit that it would be appropriate to refer the matter to the appropriate authority for verification as to whether the petitioner is a citizen of India or not. In view of the said submission of learned counsel for the parties and the matter being required to be considered by the jurisdictional Foreigners Tribunal, this Court directs the Superintendent of Police (B), Goalpara, i.e. respondent No. 6, to verify as to whether the petitioner’s case has been referred to the jurisdictional Foreigners Tribunal for receiving an opinion on the question as to whether he is a citizen of India or not. In the event, it is found that the petitioner’s case is not forwarded to the jurisdictional Foreigners Tribunal, the Superintendent of Police (B), Goalpara shall take requisite steps for referring the case of the petitioner to the jurisdictional Foreigners Tribunal. The Foreigners Tribunal on receipt of the reference from the competent authority shall proceed to determine the citizenship status of the petitioner and render its opinion in the matter at the earliest. With the above observation and directions, the present writ petition stands disposed of. Page No.# 4/4 JUDGE Comparing Assistant