Page No.# 1/4 GAHC010225292025 2025:GAU-AS:16643 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6794/2025 JOYNUDDIN SHEIKH SON OF LATE JALIPUDDIN SHEIKH, RESIDENT OF VILLAGE- KATLAMARI, POLICE STATION- LAKHIPUR, DISTRICT- GOALPARA, ASSAM VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, SHASTRI BHAWAN, NEW DELHI-110001. 2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI. PIN-781006 3:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSION NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001 4:THE STATE COORDINATOR NATIONAL REGISTRATION OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA G.S. ROAD BHANGAGARH GUWAHATI ASSAM PIN-781005 Page No.# 2/4 5:THE DISTRICT COMMISSIONER GOALPARA POST OFFICE AND POLICE STATION- GOALPARA DISTRICT- GOALPARA ASSAM PIN-783101 6:THE SUPERINTENDENT OF POLICE (BORDER) GOALPARA POST OFFICE AND POLICE STATION- GOALPARA DISTRICT-GOALPARA ASSAM PIN-78310 For the Petitioner(s) : Mr. A.K. Hajong, Advocate For the Respondent(s) : Mr. G. Sarma, Standing Counsel Mr. A. Ali, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 03.12.2025 Heard Mr. A.K. Hajong, the learned counsel appearing on behalf of the petitioner. Mr. G. Sarma, the learned Standing Counsel appears on behalf of the NRC and Mr. A. Ali, the learned Standing Counsel appears on behalf of the Election Commission of India. 2. It is the case of the petitioner that the petitioner is a voter of 39 No. Jaleswar Legislative Assembly Constituency. In the Electoral Roll of the year 2011, a “D” was marked against the name of the petitioner and the said remark continues till date. It Page No.# 3/4 is the grievance of the petitioner that the remark “D” should be removed against the name of the petitioner in the Electoral Roll. 3. It is relevant to take note of that at paragraph No. 18 of the writ petition, the petitioner has duly mentioned that an FT Case No. 205/2018 was registered against the petitioner at Guwahati, Kamrup (M), Assam. However, it is the stand of the petitioner as submitted by the learned counsel appearing on behalf of the petitioner that no notice has been received by the petitioner in respect to the said FT Case No. 205/2018. 4. Considering the fact, that there is already a FT Case being FT Case No. 205/2018 registered against the petitioner and it is only the Foreigners Tribunal that can decide, as to whether, the petitioner is a citizen of India or not, it is therefore the opinion of this Court that no directions can be passed in the present writ petition thereby directing the Respondent Authorities to remove the remark “D” against the name of the petitioner till the FT Case No. 205/2018 is resolved. 5. This Court, however, is also of the view that the petitioner should be intimated as to in which Foreigners Tribunal, the said FT Case No. 205/2018 is pending so that the petitioner can appear before it, if the proceedings have not yet been disposed of. Page No.# 4/4 6. Accordingly, this Court, therefore, grants liberty to the petitioner to approach the Deputy Commissioner of Police (Border), Guwahati along with a certified copy of the instant order and the said Official shall duly intimate the petitioner whether the FT Case No. 205/2018 is pending or disposed of and if pending, in which Foreigners Tribunal it is pending. 7. With the above, the instant writ petition stands disposed of. JUDGE Comparing Assistant