Page No.# 1/7 GAHC010272802025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7084/2025 MD. AMIR HUSSAIN ALIAS AMIR HUSSAIN S/O - LT. SUBHAN ALI ALIAS SOBAHAN ALI, R/O.- VILL. NO.1 BHANDARA PART, P.S. - MANIKPUR SUB-DIVISION- BIJNI, DIST - BONGAIGAON, ASSAM. PIN-783390. VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, HOME DEPARTMENT, NEW DELHI-1. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 06 3:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOK ROAD NEW DELHI PIN-110001 4:THE STATE COORDINATOR NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GUWAHATI- 05. 5:THE DISTRICT COMMISSIONER BONGAIGAON Page No.# 2/7 DIST. BONGAIGAON ASSAM PIN - 783380. 6:THE SUPERINTENDENT OF POLICE (B) BONGAIGAON DIST. BONGAIGAON ASSAM. PIN-783380 7:THE OFFICER- IN-CHARGE MANIKPUR POLICE STATION DISTRICT- BONGAIGAON ASSAM PIN-783392 Advocate for the Petitioner : MR. M I HUSSAIN, MS. P AHMED,N. UDDIN,R KHA Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 12-12-2025 (K.R. Surana, J) Heard Mr. M.I. Hussain, learned counsel for the petitioner. Also heard Mr. S.S. Roy, learned CGC; Mr. G. Sarma, learned standing counsel for the FT and Border matters; Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Md. Amir Hussain @ Amir Hussain has assailed the impugned ex parte opinion dated 06.10.2022, passed by the learned Member, Foreigners’ Tribunal No.1, Bongaigaon, Assam, in Case No. BNGN/FT/677/2010, arising out of Ref. IM(D)T No. 877/2002, thereby, declaring the petitioner to be Page No.# 3/7 foreigner post 25.03.1971 stream. 3. The learned counsel for the petitioner, by referring to the contents of the said ex parte opinion dated 06.10.2022 as well as the process service report which forms a part of Annexure-10, has submitted that the notice of the proceedings was affixed by hanging it in the compound of Bhandara Gaon Panchayat located in presence of 2 (two) witnesses. Accordingly, it is submitted that the service of notice was not in accordance with Order 3(5)(f) of the Foreigners’ (Tribunals) Order, 1964, which requires that the notice shall be affixed on the outer door or some other conspicuous part of the house in which the proceedee last resided. 4. Per contra, the learned Standing Counsel made a submission in support of the ex parte opinion and he submitted that the process was served by hanging it in the compound of Bhandara Gaon Panchayat. Accordingly, he submits that the service of notice on the petitioner is not in accordance with the provisions of Order 3 of the Foreigners (Tribunals) Order, 1964. 5. It would be appropriate to quote the provisions of Order 3(5)(f) of the Foreigners (Tribunals) Order, 1964:- “Order - 3. Procedure for disposal of questions. (5)(f) if the proceedee has changed the place of residence or place of work, without intimation to the investigating agency, the process server shall affix a copy of the notice on the outer door or some other conspicuous part of the house in which the proceedee ordinarily resides or last resided or reportedly resided or personally worked for gain or carries on business, and shall return the original to the Foreigners Tribunal from which it was issued with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did do, and the name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed;” 6. A rough English translation of the process report dated 29.06.2022 is Page No.# 4/7 also extracted below:- “Translated Typed Copy (Relevant Portion) I/C (B) Manikpur P.S. Please serve and return early. 1. HC (B) Jiten Das 2. CN (B) Biraj Ch. Rajbongshi Sd/- Illegible Border Branch, Bongaigaon 15/06/22 Witness No.1, Sd- Hikmot Ali President/Secretary 6 No. Jamadaha V.D.P. 28-06-2022 Witness No.2 Sd/- Illegible Kasem Ali S/O Lt. .... anser Ali 08-06-22 Sir, Pursuant to the Hon’ble Court’s order, the notice is served by hanging in the compound of Bhandara Gaon Panchayat at the address of the person mentioned in the notice in presence of two witnesses and after taking signature of the witnesses, the original copy is sent back to the Hon’ble Court. Notice, returning after hanging procedure and with report of I/C and CN(B). Yours faithfully 1. HC (B) Jiten Das 2. CN (B) Biraj Ch. Rajbongshi Date- 29-06-22 Sd/- Illegible IC Border PS Manikpur Sd- Illegible I/C Border Branch Bongaigaon 30-06-22 Seen Sd/ Page No.# 5/7 Ratan J. Bargayary Member (Attached) Foreigner Tribunal No.1, Bongaigaon (Assam)” 7. From the contents of the impugned ex parte opinion dated 06.10.2022, it does not appear that the petitioner was last working at the Bhandara Gaon Panchayat, where the process was hanged. As per the notice, the address furnished by the Police was village No. 6 Jamdaha, P.S Manikpur, District- Bongaigaon. 8. It is noticed that though the process server’s report clearly states that the notice was served by hanging it in the compound of Bhandara Gaon Panchayat, but in paragraph-5 of the impugned opinion, the learned Tribunal has mechanically and without careful perusal of the process server’s report has made an erroneous observation that the notice issued to the proceedee to be duly served by affixing it at the last residence or conspicuous part of the outer door/house of the proceedee and as per the report of the process server, it reveals that such named person is not available at concerned address, hence, notice has been duly affixed/hanged up at the last residence of the proceedee. Such mechanical order cannot be appreciated or approved and it is hoped that the learned Tribunal shall exercise greater caution while accepting the process server’s report, which is not in accordance with the provisions of the Foreigners (Tribunals) Order, 1964. 9. Accordingly, the Court is of the considered opinion that no purpose will be served to call for the record and keep the matter pending as the notice was not shown to have been served at the last known address of the petitioner in terms of the requirement of Order 3(5)(f) of the Foreigners (Tribunals) Order, Page No.# 6/7 1964. 10. Accordingly, this Court is inclined to interfere with the ex parte opinion dated 06.10.2022, so as to give an opportunity to the petitioner to contest the proceedings. Accordingly, the said ex parte opinion is set aside. 11. The matter is remanded back to the said learned Tribunal for passing a fresh opinion in the matter by giving reasonable opportunity to the petitioner to file his written statement and to produce evidence in support of his defence. 12. The petitioner, who is duly represented by his learned counsel is directed to appear before the learned Foreigners’ Tribunal No. 1, Bongaigaon and by producing a certified copy of the order, within the outer time limit of 09.01.2026, shall file his written statement of defence along with copies of all relevant documents. 13. The learned Tribunal shall give reasonable time to the petitioner to produce his witnesses and to exhibit the documents. Thereafter, the opinion shall be passed by the said learned Tribunal in accordance with law. 14. Accordingly, the writ petition stands allowed to the extent as stated above at the motion stage, without issuance of notice to the respondents. 15. The Registry shall send a downloaded copy of this order to the Home & Political (B) Department to circulate the order to all the Foreigners Tribunals in the State so as to ensure that service report is strictly made/accepted in terms of the provisions of Order 3(5)(f) of the Foreigners (Tribunals) Order, 1964. JUDGE JUDGE Page No.# 7/7 Comparing Assistant