Page No.# 1/4 GAHC010196492022 2026:GAU-AS:10836-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6843/2022 MUSSTT KADBANU BEGUM @ KADBHANU NESSA W/O LATE MONIRUDDIN @ MONIR ALI OF VILL- MOIRAKUCHI PT-I, P.S.- SOUTH SALMARA, DIST-DHUBRI (NOW SOUTH SALMARA), ASSAM, PIN- 783127 VERSUS UNION OF INDIA AND 5 ORS TO BE REPRESENTED BY SECRETARY TO THE GOVT OF INDIA, HOME DEPARTMENT, NORTH BLOCK, NEW DELHI, PIN-110001 2:STATE OF ASSAM TO BE REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-06 3:SUPERINTENDENT OF POLICE (BORDER) DHUBRI ASSAM PIN-783301 4:SUPERINTENDENT OF POLICE (BORDER) JORHAT ASSAM PIN-785001 5:STATE CO-ORDINATOR NRC ASSAM ACHYUT PLAZA BHANGAGARH Page No.# 2/4 GUWAHATI-05 6:ELECTION COMMISSION OF INDIA NEW DELHI PIN-11000 Advocate for the Petitioner : MR. N H MAZARBHUIYAN, MS. L WAJEEDA,MR. M H SAIKIA Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,SC, ECI,SC, NRC,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 05.08.2026 (K.R. Surana, J) Heard Ms. L. Wajeeda, learned counsel for the petitioner. Also heard Mr. R. Sarma, learned CGC; Mr. A.I. Ali, learned standing counsel for the ECI; Mr. G. Sharma, learned standing counsel for the FT matters and NRC; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for respondent. 2. The case of the petitioner is that on service of notice in connection with case No. F.T./SVR/373/2012, from the learned Member, Foreigners Tribunal, Jorhat, the petitioner had entered appearance and filed her written statement on 11.10.2019. 3. The petitioner relies on an opinion dated 03.03.2014, passed by learned Member, Foreigner’s Tribunal No.1, Dhubri, in F.T. Case No.2017/SSM/11, arising out of Ref F.T. Case No.04/99, by which the petitioner, namely Kadbanu begum @ Smti. Kadbhanu Nessa, was declared to be not a foreigner. Accordingly, by filing this present writ petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing of the proceedings of case No. F.T./SVR/373/2012, which is pending for disposal before the learned Page No.# 3/4 Member, Foreigners Tribunal, Jorhat. 4. Pursuant to the order passed earlier, the records of the Tribunal has been received from the Foreigners Tribunal, Jorhat and it is noticed that the impugned opinion dated 03.03.2014, referred to above has been filed by the petitioner as Annexure-12 along with her written statement and other documents. 5. The learned standing counsel for the FT and Border matters has submitted that as this Court is exercising certiorari jurisdiction, the interest of justice would be served if the issue regarding the identity of the petitioner and the previous opinion can be examined by the learned Foreigners Tribunal. 6. Having heard both sides, the Court is of the that as the Court is exercising certiorari jurisdiction, the Court would be slow in examining the documents, which can effectively be done by the learned Foreigners Tribunal, Jorhat. 7. Accordingly, the Court is inclined to send back the records of the learned Foreigners Tribunal, Jorhat with a direction to first examine the identity of the petitioner so as to ascertain as to whether the petitioner is the same person against whom opinion dated 03.03.2014, passed by the learned Member, Foreigner’s Tribunal No.1, Dhubri, in F.T. Case No.2017/SSM/11. 8. The Supreme Court of India, in the case of Abdul Kuddus Vs. Union of India, (2019) 6 SCC 604, has held that the principles of res judicata applies to the proceedings before the Foreigners Tribunal and the ratio laid down in the said case was followed by this Court in the case of Jahir Ali Vs. Union of India, (2021) 3 GLR 105 : 2021 (2) GLT 596, the said learned Tribunal, is directed that if it arrives at a finding that the identity of the petitioner and the person in whose proceeding the previous opinion dated 03.03.2014, was passed are the Page No.# 4/4 same, it would be bound to apply the principles of res judicata as a subsequent proceeding would not be maintainable. However, in the event the identity of the petitioner and the proceedee in the other case is found to be different, it would permissible for the said learned Tribunal to continue with the proceedings. 9. It would be open to the learned Member, Foreigners Tribunal, Jorhat to call for a scanned copy of the records of F.T. Case No.2017/SSM/11, decided by the impugned opinion dated 03.03.2014, if so desired and on receipt of requisition, the learned Member, Foreigner’s Tribunal No.1, Dhubri, shall transmit the records to the said learned Tribunal. 10. The writ petition stands disposed of with directions to the extent as indicated above. 11. As the matter has been remanded back, the petitioner, who is duly represented by her learned counsel, is directed appear before the learned Member, Foreigners Tribunal, Jorhat within the outer time limit of 11.09.2026 and by producing a certified copy of the order, await for further directions to be passed by the said learned Tribunal. 12. The Registry shall return back the Tribunals records along with a copy of this order to the said learned Tribunal expeditiously. 13. The learned standing counsel for the FT and Border shall communicate a downloaded copy of this order to the Home and Political (B) Department for their record. JUDGE JUDGE Comparing Assistant