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2025 DAILYLAW 8494 (GAU)

TAREK AKTAR ANSARI v. UNION OF INDIA AND 2 ORS

I.A.(Civil)/736/2025 · 2025-03-18

N Unni Krishnan Nair

Transfer Petitionbody2025

Judgment text

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Page No.# 1/2 GAHC010010392025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/736/2025 In PIL/16/2025 TAREK AKTAR ANSARI, S/O LATE GHULAM SAMDANI ANSARI, R/O ABDUL HAMID BUILDING, NOREN BOSE ROAD, TEZPUR, DIST- SONITPUR, ASSAM, PIN-784001. -VERSUS- 1.UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, SHASTRI BHAWAN, TILOK MARG, NEW DELHI-110001. 2:THE STATE OF ASSAM, REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE HOME DEPARTMENT, DISPUR, GUWAHATI-6. 3:THE REGISTRAR GENERAL OF INDIA, UNDER MINISTRY OF HOME AFFAIRS, JAISING ROAD, NEW DELHI-1. 4:THE STATE CO-ORDIANTOR OF NRC, ASSAM, HOUSEFED COMPLEX, 2ND FLOOR, BANPHOOL NAGAR, DISPUR, GUWAHATI-6. 5:THE MINISTRY OF LAW AND JUSTICE, THROUGH DEPUTY SECRETARY (HOD), ROOM NO. 23-A, JAISELMER HOUSE 26, MANSINGH ROAD, NEW DELHI-11 For the Applicant(s) : Mr. A.R. Sikdar, Advocate. For the Respondent(s) : Mr. R.K.D. Choudhury, Deputy Solicitor General of India for respondent Nos.1 and 5. Page No.# 2/2 : Mr. D.K. Sarmah, Additional Senior Government Advocate, Assam for respondent No.2. : Mr. J. Payeng, Advocate for respondent No.4. – BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 19.03.2025 (Vijay Bishnoi, CJ) This Interlocutory Application is filed by the petitioner with a prayer to strike off the names of the respondent Nos.4 and 5 from the array of respondents in PIL No.16/2025. It is contended in the Interlocutory Application that since the challenge made in PIL No.16/2025 relates to the legality and validity of the Foreigners’ (Tribunals) Order, 1964 and the Foreigners’ Act, 1946, the names of the respondent Nos.4 and 5, i.e. the State Co-ordinator of NRC, Assam and the Ministry of Law and Justice through Deputy Secretary (HOD), respectively, may be struck off from the array of respondents in PIL No.16/2025. Having considered the averments made in the Interlocutory Application, the Application is allowed. Accordingly, the names of respondent Nos.4 and 5 are directed to be struck off from the array of respondents in PIL No.16/2025. Registry to make necessary correction/modification in the CIS. The Interlocutory Application is disposed of accordingly. JUDGE CHIEF JUSTICE Comparing Assistant