Page No.# 1/4 GAHC010170552019 2026:GAU-AS:9113 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5347/2019 JALEKHA KHATUN W/O.- MD. HURMUJ ALI, D/O- LT. KAZIMUDDIN @ SAZIMUDDIN, R/O. VILL. KAKALBHANGI, P.O. JOGIGAON, PS- DALGAON, SUB DIV. MANGALDOI, DIST. DARRANG, ASSAM. PIN- 784116. VERSUS UNION OF INDIA AND 6 ORS. TO BE REP. BY SECRETARY TO THE GOVT. OF INDIA, HOME DEPTT., NORTH BLOCK, NEW DELHI-1. 2:THE STATE OF ASSAM TO BE REP. BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY.-06. 3:ADDITIONAL DIRECTOR GENERAL OF POLICE ASSAM (BORDER) BHANGAGARH GUWAHATI- 05. 4:ELECTION COMMISSION OF INDIA REP. BY SECRETARY NIRVASAN SADAN NEW DELHI-1. 5:NATIONAL REGISTRAR OF CITIZENS- NRC STATE COORDINATOR ACHYUT PLAZA BHANGAGARH Page No.# 2/4 GUWAHATI-5 ASSAM. 6:DEPUTY COMMISSIONER DARRANG ASSAM. 7:SUPERINTENDENT OF POLICE (B) DARRANG ASSAM Advocate for the Petitioner : MR. A S TAPADER, MR. N AHMED,MS C M DEKA,MR M AHMED Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,SC, NRC,SC, ECI,MR H GUPTA BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 23.06.2026 (K.R. Surana, J) Heard Mr. A.S. Tapadar, learned counsel for the petitioner. Also heard Mr. A.K. Dutta, learned CGC; Mr. G. Sharma, learned standing counsel for FT and NRC; Mr. N. Kalita, learned counsel on behalf of Mr. A.I. Ali learned standing counsel for the ECI and Ms. R.B. Bora, learned Junior Govt. Advocate. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Jelekha Khatun has assailed the impugned opinion dated 26.11.2018, passed by the learned Member, Foreigners Tribunal (5th), Darrang, Mangaldai, in Case No. FT (V) 630/2016, arising out of S.P. Enquiry No. 1070/10, dated 04.12.2010, by which the petitioner was declared as an illegal migrant. Page No.# 3/4 3. In view of the nature of the order proposed to be passed, the Court does not find any reason to burden this order with pleadings and evidence on record. 4. It would suffice to mention that as per order dated 09.07.2018, passed by the learned Tribunal, 3 (three) evidence-on-affidavits were filed. The TCR reveals that the 3 (three) evidence-on-affidavits were respectively filed by the petitioner, Hurmuj Ali and Kalimuddin, which are available at page no. 101, 127 and 129 respectively of the TCR. 5. As per the evidence-on-affidavit filed by the petitioner as DW-1, she had exhibited 15 (fifteen) documents. The TCR reveals that the photocopies of the proved in original documents are available at page no. 146 to 169 out of which all except Ext.14 contains the signature of the learned Member. However, it appears that 2 (two) photocopies of thesame document i.e., the affidavit sworn on 25.06.2018 were marked as Ext.14 and Ext.10 respectively and are available at TCR page nos.162-163 and 166-169, respectively and the second affidavit at page no.166 to 169 is signed by the learned Member and marked as Ext.10, whereas the voter list of 2011 available at page no.157 is also found to be marked as Ext.10. 6. In the impugned opinion, the learned Tribunal has discussed the evidence of only the petitioner (DW-1). Though there is a reference to Ext.1 to Ext.10, but the appreciation of the exhibited documents reveals that only Ext. nos. 1, 2, 3, 4, 6, 7, 8, 9 and 10 have been made. The evidence of 2 (two) other witnesses and discussion on Ext.5 and Exts. 11 to 15 have not been made in the said opinion. Therefore, owing to non-discussion of the entire evidence available on record, the Court finds the impugned opinion Page No.# 4/4 dated 26.11.2018 to be vitiated by perversity for not dealing with all the evidence-on-record. 7. Accordingly, the Court has no hesitation to set aside the impugned opinion dated 26.11.2018, passed by the learned Member, Foreigners Tribunal (5th), Darrang, Mangaldai, in Case No. FT (V) 630/2016. 8. Thus, the Court is inclined to remand the matter back to the said learned Tribunal for a fresh opinion to be passed after considering all the evidence in deciding exhibited documents available on record. 9. As the petitioner is duly represented by her learned counsel, the petitioner is directed to appear before the said learned Foreigners Tribunal within the outer limit of 30.07.2026 and by producing a certified copy of the order await further order to be passed by the said learned Tribunal. 10. The Registry shall expeditiously return the records of the Tribunal. 11. The writ petition stands allowed to the extent as indicated above by order of remand. 12. The parties are left to bear their own cost. JUDGE JUDGE Comparing Assistant