Page No.# 1/6 GAHC010264722018 2026:GAU-AS:12252 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/8265/2018 JAHAR ALI S/O- LT HUSSAIN ALI, R/O- VILL- DHINGBORI CHAPORI, P.S. JURIA, DIST- NAGAON, ASSAM- 782124 VERSUS THE UNION OF INDIA AND 5 ORS. THROUGH- THE MINISTRY OF HOME AFFAIRS, GRIHA MANTRALAYA, NEW DELHI 2:THE STATE OF ASSAM THROUGH- THE SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6 3:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASOKA ROAD NEW DELHI- 110001 4:THE STATE CO-ORDINATOR NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GHY- 5 5:THE DY. COMMISSIONER NAGAON P.O. NAGAON DIST- NAGAON ASSAM PIN- 784001 Page No.# 2/6 6:THE SUPERINTENDENT OF POLICE (B) NAGAON P.O. NAGAON DIST- NAGAON ASSAM PIN- 78400 Advocate for the Petitioner : MR. S C BISWAS, MR. F A HASSAN,MS J BORAH,MS A BORAH Advocate for the Respondent : ASSTT.S.G.I., SC, ELECTION COMMISSION.,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 26.08.2026 (K.R. Surana, J) Heard Mr. F.A. Hassan, learned counsel for the petitioner. Also heard Mrs. A. Gayan, 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 Sr. Govt. Advocate for respondents. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 24.09.2018, passed by the learned Member, Foreigners Tribunal, 4th, Nagaon, Juria, Assam, in F.T. Case No. 141/16, arising out of Police Reference F.T. No.76/16, thereby declaring the petitioner to be a foreigner of post 25.03.1971 stream. 3. In view of the order of remand that the Court is proposing to pass, this order is not burdened with a discussion on the pleadings and evidence on record. It would suffice to mention that as per the Tribunal's records, the petitioner had exhibited 6(six) documents, being : Page No.# 3/6 (i) Certificate of the Gaon burah dated 02.07.2016 (Ext.1). (ii) Certified copy of Electoral Roll of 1965 (Ext.2). (iii) Certified copy of Electoral Roll of 1971(Ext.3). (iv) Certified copy of sale deed registered on 24.11.1958,which was obtained on 04.05.1967 (Ext.4). 4. The reference to the said exhibits is found in the evidence- -on- affidavit. However, in the evidence-on-affidavit filed by the petitioner as OPW-1, the same contains reference to only 3(three) exhibited documents, being Exhibit-1, Exhibit-2, and Exhibit-3. However, Exhibit-4 in the TCR bears the signature of the learned Member, Foreigners Tribunal, 4th, Nagaon, Juria, Assam. The examination-in-chief of OPW-1 was recorded on 14.05.2018, and in his examination-in-chief, the petitioner had referred to Exhibit-5, being a sale deed which was in respect of land which was sold off. 5. On 14.05.2018, OPW-1, OPW-3, and OPW-4 were cross-examined and their examination-in-chief as well as cross-examination was recorded and they were discharged. So far as, OPW-2 is concerned, apart from his evidence-on- affidavit on record, he was orally examined and cross-examined on 30.05.2018 and discharged. 6. The typed copy of the examination-in-chief and the cross-examination of the petitioner, recorded on 14.05.2018, does not contain the reference to Exhibit-5, but on perusal of the records, the deposition recorded in Assamese Page No.# 4/6 contains mention of Exhibit-5. 7. On a perusal of the records, it appears that the OPW-3, namely, Safar Ali, had not referred to any exhibits in his evidence-on-affidavit. However, the learned Tribunal proceeded to record the evidence-in-chief of the OPW-3 on 14.05.2018, where he had stated that the land of Ext.6, which was exhibited, has been sold. Therefore, the Tribunal’s records reveal 6(six) exhibits of the petitioner. However, in the impugned opinion dated 29.04.2018, the learned Tribunal has referred to only 4(four) exhibits, and it has been specifically mentioned to the effect that the petitioner had submitted other 3(three) other certified copies of voter lists of 1989 and 1965, which were not exhibited. In the records, the document marked as Ext.5 is the voter list of 1989, which is available at page 58 of the TCR and the document marked as Ext.6 is a copy of Jamabandi, which is available at page 59 and page 60 of the TCR. However, Ext.5 and Ext.6 have not been signed by the learned Tribunal, though referred in the examination-in-chief. Therefore, the Court is of the considered opinion that the learned Tribunal had failed to appreciate the evidence available on record, which forms the basis for the impugned opinion dated 24.09.2018, which is under challenge in this writ petition. On consideration of the exhibited documents, the decision-making process of the learned Tribunal is found to be perverse. 8. Accordingly, the Court has no hesitation to set aside the impugned opinion dated 24.09.2018, passed by the learned Member, Foreigners Tribunal, 4th, Nagaon, Juria, Assam, in F.T. Case No. 141/16, arising out of Police Reference F.T. No.76/16. Page No.# 5/6 9. However, the proceedings of F.T. Case No.141/2016 are remanded back to the said learned Tribunal for fresh appreciation of the evidence on record and for passing a fresh opinion in accordance with law. 10. The petitioner, who is duly represented by his learned counsel, is directed to appear before the learned Tribunal within the outer time limit of 28.09.2026, and by producing a certified copy of the order, await further orders to be passed by the said learned Tribunal. 11. It is made clear that if the petitioner remains absent within the time allowed, it would be open to the learned Tribunal to treat the petitioner as absent on call and proceed to decide the matter in accordance with law. 12. The petitioner, namely, Md. Jahar Ali, is also directed that on the date of appearance, he shall furnish bail of such amount as the learned Tribunal may so fix and the learned Tribunal shall accept the bail on condition that it would remain valid for a period of 30 days beyond the date on which the final opinion is passed. 13. The learned Standing Counsel for the Border and F.T Matters is permitted to send a download copy of this order to the Home and Political (B) Department for the record. 14. The writ petition stands allowed to the extent as indicated above, with the order of remand and the matter is remanded along with a copy of this order Page No.# 6/6 to be made a part of the record by the said learned Tribunal. 15. The Registry shall send back the Tribunal records expeditiously along with a copy of this order, to be made a part of the record. JUDGE JUDGE Comparing Assistant