Page No.# 1/4 GAHC010295232019 2026:GAU-AS:9279 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/9044/2019 SAMSUL ALOM @ MOHAMMAD SAMSUL ALOM S/O- LT. ABUL @ ABDUL HUSSAIN, R/O-VILL- BIHAPARA, P.S. CHHAYGAON, DIST.- KAMRUP, ASSAM VERSUS UNION OF INDIA AND 3 ORS. REP. BY SECY., MINISTER OF HOME AFFAIRS UNION OF INDIA, NEW DELHI-110011 2:STATE OF ASSAM REP. BY THE COMM. AND SECY. GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-06 3:THE DY. COMMISSIONER KAMRUP DISTRICT AMINGAON 4:THE S.P. BOARDER KAMRUP DISTRICT AMINGAO Advocate for the Petitioner : MR. B K DAS, MS. P DAS Advocate for the Respondent : ASSTT.S.G.I., GA, ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 25.06.2026 (K.R. Surana, J) Heard Ms. P. Das, learned counsel for the petitioner. Also heard Mr. S.S. Roy, learned CGC; Ms. A. Verma, 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 Mr. P. Sarmah, learned Addl. Senior Govt. Advocate. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Samsul Alom @ Mohammad Samsul Alom has assailed the impugned ex parte opinion dated 12.03.2019, passed by the learned Member, Foreigners’ Tribunal, Kamrup (Rural) No.1, in (1) GFT (R) Case No. 1095/2017, arising out of Ref. IM(D)T Case No. 134/98 by which the petitioner was declared as an illegal migrant. 3. The petitioner was served with a notice to appear in the proceedings and the date of appearance was fixed on 20.02.2019. On the prayer for adjournment, the matter was adjourned till 27.02.2019. Thereafter, the petitioner sought for further adjournment on 27.02.2019 and the matter was fixed on 08.03.2019. On the prayer for adjournment, the same was rejected and the matter was fixed on 12.03.2019 for passing necessary orders and accordingly, the impugned ex parte opinion declaring the petitioner to be a foreigner was passed on 12.03.2019. Accordingly, the learned counsel for the petitioner prays for one more opportunity for the petitioner to contest the proceedings. Page No.# 3/4 4. The learned standing counsel for the FT and Border matters has opposed the prayer on the ground that the rejection of the prayer for adjournment was in accordance with the provisions contained in Order 3 of the Foreigners (Tribunals) Order, 1964. 5. Considered the submission. 6. In this case the notice of appearance was fixed on 20.02.2019 and the ex parte opinion was passed on 12.03.2019. Under order 3 (14) of the Foreigners (Tribunals) Order, 1964, it is desirable that the reference be answered within a period of 60 (sixty) days from the date of service of notice. Under the circumstances, the Court is of the considered opinion that as the opinion was passed within 20 (twenty) days from the date of first appearance, the petitioner deserves one more opportunity to contest the proceedings. 7. Accordingly, the Court in inclined to set aside the impugned ex parte opinion dated 12.03.2019, passed by the learned Member, Foreigners’ Tribunal, Kamrup (Rural) No.1, Guwahati 8. The matter is remanded back to the learned Member, Foreigners’ Tribunal, Kamrup (Rural) No.1 for fresh opinion after giving opportunity to the petitioner to file his written statement of defence and to produce evidence. 9. The petitioner, who is duly represented by his learned counsel, is directed to appear before the said learned Tribunal within the outer time limit of 30.07.2026 by producing a certified copy of the order and shall also file his written statement of his defence and along with the documents on which he intends to rely upon. Page No.# 4/4 10. The petitioner shall also take requisite steps if so advised, for securing presence of the witnesses or to call for the records. 11. From the date of first appearance, the learned Tribunal shall make an endeavour to dispose of the case within the time as prescribed under para 17 (14) of the Immigration and Foreigners Order, 2025. 12. The Registry shall expeditiously return the records of the Tribunal. 13. The writ petition stands allowed to the extent as indicated above by order of remand. 14. There shall be no order as to cost. JUDGE JUDGE Comparing Assistant