Page No.# 1/6 GAHC010005862026 2026:GAU-AS:4302- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/414/2026 MUSSTT. MARZINA KHATUN AND 3 ORS D/O- KHAIRUL BASA ALIAS SARAL BASA, RESIDENCE OF VILLAGE - KALIKAJARI, P.O. NAGABANDHA, P.S. - MIKIRBHETA, DISTRICT - MORIGAON, ASSAM. 2: MUSSTT. NAJIFA KHATUN D/O - KHAIRUL BASA ALIAS SARAL BASA RESIDENCE OF VILLAGE - KALIKAJARI P.O. - NAGABANDHA P.S. MIKIRBHETA DISTRICT - MORIGAON ASSAM. 3: MUSSTT. MAJITA KHATUN ALIAS MAJIDA KHATUN D/O- KHAIRUL BASA ALIAS SARAL BASA RESIDENCE OF VILLAGE - KALIKAJARI P.O. - NAGABANDHA P.S. - MIKIRBHETA DISTRICT - MORIGAON ASSAM. 4: MD. CHAIFUL ISLAM ALIAS SAIFUL ISLAM S/O- KHAIRUL BASA ALIAS SARAL BASA RESIDENCE OF VILLAGE - KALIKAJARI P.O. NAGABANDHA P.S. - MIKIRBHETA DISTRICT -MORIGAON ASSAM VERSUS THE UNION OF INDIA AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, Page No.# 2/6 MINISTRY OF HOME AFFAIRS, JAISALMER HOUSE, 26, MANSINGH ROAD, NEW DELHI - 110011. 2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HOME DISPUR GUWAHATI - 6. 3:THE SUPERINTENDENT OF POLICE (BORDER) MORIGAON DISTRICT- MORIGAON ASSAM. PIN - 782105. 4:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER NIRVACHAN SADAN ASHOKA ROAD NEW DELHI - 11000 Advocate for the Petitioner : MR. B C DAS, MR. U DUTTA,B DUTTA Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 25.03.2026 (K.R. Surana, J) Heard Mr. U. Dutta, learned counsel for the petitioners. Also heard Mr. J. Sarma, learned CGC; Mr. N. Kalita, learned counsel on behalf of Mr. A.I. Ali, learned Standing Counsel for the ECI; Mr. G. Sharma, learned standing counsel Page No.# 3/6 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 petitioners, namely, (1) Musstt. Marzina Khatun, (2) Musstt. Najifa Khatun, (3) Musstt. Majita Khatun @ Majida Khatun, and (4) Md. Chaiful Islam @ Saiful Islam have assailed the opinion dated 25.11.2013, passed by the learned Member, Foreigners Tribunal (2nd), Morigaon, Assam, in Case No. F.T. (C) 09/2009, arising out of I.M(D).T Case No. 228/2001 dtd. 28.03.2001, by which the petitioners along with Musstt. Jarina Khatun, the projected mother of the petitioners and late Sarul Basa, the projected father of the petitioners, were declared to be foreigners of post 25.03.1971 stream. 3. The learned counsel for the petitioners, by referring to the Tribunal records, has submitted that the initial enquiry suspecting that the proceedee was a foreigner, was made against Musstt. Jarina Khatun only and accordingly, investigation was carried out against Musstt. Jarina Khatun and the Superintendent of Police (Border), Morigaon made reference before the then Illegal Migrants (Determination) Tribunal, Morigaon against Musstt. Jarina Khatun alone. Thereafter, as the Illegal Migrants (Determination by Tribunals) Act, 1983 was declared to be ultra vires and the Illegal Migrants (Determination) Tribunals were made dysfunctional, vide Government Notification dated 02.02.2006 and 05.07.2006, the matters which were pending before the then Illegal Migrants (Determination) Tribunals were transferred to the Foreigners Tribunals and accordingly, FT(C) 9/2009 was registered before the Foreigners Tribunal (2nd), Morigaon, Assam and the proceedings had started against all the petitioners. Page No.# 4/6 4. The learned standing counsel for the FT matters and NRC has been heard in the matter. 5. It is seen on perusal of the Tribunal records, there is nothing to show in the records that there is nothing to show in the record that any investigation was carried out against any of the petitioners and that the investigation was only directed in respect of Musstt. Jarina Khatun. 6. In this regard, the Court takes notice of the reference dated 28.03.2001 bearing Memo No.III/2-0(a)/228/2001 by the Superintendent of Police (Border), Morigaon (Exhibit-4), by which the enquiry was started against Musstt. Jarina Khatun. The form of enquiry which is exhibited as Exihibit-1 and Exihibit-2, is found to be directed against Musstt. Jarina Khatun and the reference by Superintendent of Police (Border), Morigaon, in respect of F.T Case No.228/2001 dated 28.03.2001 was made before the Illegal Migrants (Determination) Tribunals only against Musstt. Jarina Khatun. 7. The learned standing counsel for the FT matters and NRC could not show any materials from the Tribunal records contrary to the above. 8. Accordingly, as there was no valid reference against the present petitioners, namely, (1) Musstt. Marzina Khatun, (2) Musstt. Najifa Khatun, (3) Musstt. Majita Khatun @ Majida Khatun, and (4) Md. Chaiful Islam @ Saiful Islam, as well as late Sarul Basa, the deceased father of the present petitioners, the Court is of the considered opinion that the impugned opinion dated 25.11.2013, passed by the learned Member, Foreigners Tribunal (2nd), Morigaon, Assam, in Case No. F.T. (C) 09/2009, arising out of I.M(D).T Case No. 228/2001 dtd. 28.03.2001, is not sustainable in respect of the petitioners, namely, (1) Page No.# 5/6 Musstt. Marzina Khatun, (2) Musstt. Najifa Khatun, (3) Musstt. Majita Khatun @ Majida Khatun, and (4) Md. Chaiful Islam @ Saiful Islam, as well as late Sarul Basa, the deceased father of the present petitioners, against whom no reference was made. 9. Accordingly, the said impugned opinion dated 25.11.2013 is set aside in respect of the present petitioners, namely, (1) Musstt. Marzina Khatun, (2) Musstt. Najifa Khatun, (3) Musstt. Majita Khatun @ Majida Khatun, and (4) Md. Chaiful Islam @ Saiful Islam, as well as late Sarul Basa, the deceased father of the present petitioners, without affecting the opinion against Musstt. Jarina Khatun, against whom the enquiry and the reference was made. 10. However, before parting with the records, it is provided that these orders shall not come in the way of the competent authorities, including Superintendent of Police (Border), Morigaon, to make an enquiry against the present petitioners, in case any doubt arises as to whether they are foreigners. 11. Accordingly, this writ petition stands allowed to the extent as indicated above. 12. There shall be no orders as to cost. 13. The Registry shall send back the Tribunal records to the learned Member, Foreigners Tribunal (2nd), Morigaon, Assam along with a copy of this order, to be made of part of the records by the said Tribunal for future reference. 14. The learned standing counsel for the FT matters and NRC is also requested to send a downloaded copy of this order to the authorities in the Page No.# 6/6 Home and Political (B) Department, Government of Assam. JUDGE JUDGE Comparing Assistant