Page No.# 1/4 GAHC010179632026 2026:GAU-AS:12647-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4620/2026 MD ABDUL MALEK SON OF- LATE HAMED ALI, RESIDENT OF VILLAGE-RANGRAI CHAPORI, P.O.- MOIRABARI, P.S.- MOIRABARI, DISTRICT- MORIGAON (ASSAM), PIN- 782126. VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE DEPUTY COMMISSIONER OF MORIGAON DISTRICT- MORIGAON (ASSAM). PIN-782105. 4:THE CHIEF ELECTION OFFICER OF THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI DELHI-110001. 5:THE OFFICE OF THE STATE COORDINATOR OF NATIONAL REGISTRATION (NRC) ASSAM REPRESENTED BY ITS COORDINATOR 1ST FLOOR ACHYUT PLAZA BHANGAGARH Page No.# 2/4 GUWAHATI ASSAM- 781005. 6:THE DISTRICT MAGISTRATE MORIGAON DISTRICT- MORIGAON (ASSAM). PIN-782105. 7:THE SUPERINTENDENT OF POLICE (BORDER) MORIGAON DISTRICT- MORIGAON (ASSAM). PIN-782105 Advocate for the Petitioner : G UDDIN, MR A K AZAD,P ADHIKARI Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, NRC,SC, ECI,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 02.09.2026 (K.R. Surana, J) Heard Mr. G. Uddin, learned counsel for the petitioner. Also heard Ms. L. Devi, learned CGC; Mr. Ms. A. Verma, learned standing counsel for the FT and Border matters; Ms. S. Katakey, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate for the State respondent. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the ex parte impugned opinion dated 11.12.2020, passed by the learned Member, Foreigners’ Tribunal- 5th, Morigaon, in M.F.T.(J).2020/1921; in Case No. F.T.(D) 1258/2017 (New Number); F.T.(D) 1049/2011 (New Old); and D/N Case No. 1844/98 dated 24.06.1998, by which the petitioner was declared as an illegal migrant. 3. The learned counsel for the petitioner has submitted that the notice of Page No.# 3/4 the proceedings was hung near the Panchayat Office of the petitioner’s village, which is not in accordance with law. It is further submitted that as per the notice issued by the learned Tribunal and the impugned opinion, the name of the father of the petitioner is shown as Abdul Hamed, whereas the actual name of the father of the petitioner is Hamed Ali. 4. The learned standing Counsel for Border and FT matters has opposed the challenge to the said ex parte opinion on the ground of inordinate delay in assailing the opinion and further on the ground that the address of the petitioner as given in the notice and the impugned opinion is the same as the address given in the cause title of this application. Accordingly, it is submitted that the petitioner had been evading service. 5. Be that as it may, as service of notice of the proceedings by hanging the same near the Panchayat Office, as was done in the present case, is not the procedure prescribed under the Foreigners (Tribunals) Order, 1964, the impugned opinion dated 11.12.2020 stands vitiated. 6. Accordingly, the Court is inclined to set aside the impugned opinion dated 11.12.2020, passed by the learned Member, Foreigners’ Tribunal- 5th, Morigaon, in M.F.T.(J).2020/1921; Case No. F.T.(D) 1258/2017 (New Number); F.T.(D) 1049/2011 (Old Number); and D/N Case No. 1844/98 dated 24.06.1998. Hence, the matter is remanded back to the learned Tribunal for rendering a fresh opinion. 7. It is provided that the petitioner, namely, Md. Abdul Malek, who is duly represented by his learned counsel, shall appear before the learned Tribunal on or before 25.09.2026 and, on the date of appearance, shall also file his written statement and the documents on which he intends to rely upon. Thereafter, the Page No.# 4/4 learned Tribunal shall afford reasonable time to the petitioner to produce or to take steps to summon witnesses and to take steps for calling for the documents, if so advised. 8. It is made clear that if the petitioner fails to appear within the outer time limit indicated above, it would be open to the learned Tribunal to treat the petitioner as absent on call and pass a fresh opinion in accordance with law. 9. The learned Tribunal shall make an endeavour to dispose of the proceedings within the time permitted under paragraph 17(14) of the Immigration and Foreigners Order, 2025. 10. The writ petition is allowed at the motion stage without issuance of notice to the respondents. 11. The learned standing counsel for Border and FT matters shall transmit a downloaded copy of this order to the concerned authorities. JUDGE JUDGE Comparing Assistant