Page No.# 1/3 GAHC010243312025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6431/2025 MOHIRUDDIN SHEIKH ALIAS MOHIR UDDIN ALIASMOHIR UDDIN SHEIKH S/O- LT. ABEDALI SHEIKH ALIAS ABEDALI ALIAS ABED,VILL- CHATAMARI,P.O PS-BAGUAN,DIST-GOALPARA, ASSAM.PIN-783129. VERSUS THE UNION OF INDIA, AND OTHRS REPRESENTEDBY THE SECRETARY, MINISTRY OFHOME AFFAIRS, GOVT. OF INDIA, NEWDELHI-01. 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY ITS SECRETARY NIRVACHAN BHAWAN NEW DELHI-01. 3:THE STATE OF ASSAM REPRESENTEDBY THE COMMISSIONER ANDSECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-06. 4:THE STATE COORDINATOR OF NRC ASSAM BHANGAGARH GUWAHATI-05. 5:THE DISTRICT COMMISSIONER CUM DISTRICT ELECTION OFFICER GOALPARA Page No.# 2/3 ASSAM. PIN-783101 6:THE SUPERINTENDENT OF POLICE B GOALPARA ASSAM. PIN-783101 Advocate for the Petitioner : H R KHAN, MR. M ALI 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. M. Ali, 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 taken up for disposal 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 38 Goalpara West Legislative Constituency, 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 being rendered doubtful, the case of the petitioner was required to be forwarded 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 a person figuring in the Voters List and whose residence in the State can be traced to a period prior to 1966. Page No.# 3/3 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 citizenship status of the petitioner being now 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 has not been 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. JUDGE Comparing Assistant