GUWAHATI, India, Oct. 9 -- Gauhati High Court issued the following order on Sept. 9:
1. Heard Mr. D.P. Chaliha, learned senior counsel, assisted by Mr. M. Rana, learned counsel for the petitioner. Also heard Ms. M. Das, learned counsel, appearing on behalf of Mr. S.K. Medhi, learned CGC for respondent no.1; Mr. G. Sarma, learned standing counsel for the FT, Border matters and NRC for respondent nos. 2, 4 and 6; Mr. H.K. Hazarika, learned Govt. Advocate for respondent no.3 and Ms. P. Baruah, learned standing counsel for respondent no.5. It may be stated that the names of respondent nos. 7 and 8 were struck off vide order dated 25.06.2025.
2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Alimuddin Ali, has assailed the opinion dated 30.09.2021, passed by the learned Member, Foreigners Tribunal No.2, Kamrup at Boko in B.F.T. Case No. 1989/2016 [arising out of F.T. Case No. 76/08], by which the reference was answered in favour of the State and against the petitioner, thereby declaring him to be a foreigner of post 25.03.1971 stream.
3) The hereinbefore referred case was registered upon reference made by the Superintendent of Police (Border), Kamrup (Rural), Boko [now Kamrup District]. Upon receipt of notice of the proceeding, the petitioner had submitted his written statement on 29.01.2020. His defence is that he and his father, Late Karam Ali were born and brought-up at Village- Kachumara NC, P.S. Kachumara in Kamrup District [now District Barpeta] and his mother is Late Kulson Nessa and grandfather is Late Piyar and Haidar Ali is his paternal uncle. His father had died in the year 1979 and his mother had died in the year 2016. He has 3 (three) brothers and 5 (five) sisters, namely, Chalimuddin, Surjyabhanu, Sahitan, Ambiya, Joynub, Alimuddin Ali (himself), Firoja and Kumuruddin and he has 2 (two) sons and 3 (three) daughters, namely, Hamida Begum, Hamela Khatun, Halima Khatun, Saddam Hussain and Saiful Islam. He had referred to the names appearing in the voters lists of 1966, 1970, 1989, 1997, 2005, 2010, 2013, 2018, EPIC of his mother and himself, PAN Card and Gaonburah's certificate.
4) Thereafter, he had filed his evidence-on-affidavit as DW-1, and he had reiterated the statements made in the written statement. He had stated that he had married Sabiya Khatun. He had exhibited the following documents:-
i. Ext.A:certified copy of voter list of 1966 of village- Kachumara Nonke under 54 No. Chenga LAC, containing the names of Jalaluddin, JamiranBidhaba, SuryabhanNessa, Karam Ali and Kulson Nessa;
ii. Ext.B:certified copy of voter list of 1970 of village- Kachumara Nonke under 54 No. Chenga LAC, containing the names of Jalaluddin, JamiranNessa, SuryabhanNessa, Karam Ali and Kulson Nessa;
iii. Ext.C:certified copy of voter list of 1989 of Village- Mandira NC under 48 No. Boko (SC) LAC, containing the names of Alimuddin and KulsunNessa;
iv. Ext.D: certified copy of voter list of 1997 of Village- MandiraNC, under 48 No. Boko (SC) LAC, containing the names of KulsonBidhaba, Alimuddin, SabiyaKhatun and Kumuruddin;
v. Ext.E: certified copy of voter list of 2005 of Village- MandiraNC under 48 No. Boko (SC) LAC, containing the names of KulsonBidhaba, Alimuddin and SabiyaKhatun, and Kumuruddin;
vi. Ext.F: certified copy of voter list of 2010 of Village- MandiraNC, under 48 No. Boko (SC) LAC, containing the names of KulsomBidhaba, Alimuddin and SabiyaKhatun;
vii. Ext.G: certified copy of voter list of 2015 of Village- MandiraNC, under 48 No. Boko (SC) LAC, containing the names of KulsonBidhaba, Alimuddin, SabiyaKhatun, Kumuruddin and Momotaz Begum;
viii. Ext.H: Elector Photo Identity Card (EPIC for short) of KulsonBidhaba;
ix. Ext.I: EPIC of the petitioner;
x. Ext.J: Income Tax PAN card of the petitioner;
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x%2BcdkV1UmY4ItfY6sAX3YNxEoRD9dw4nsfRvqHVNnGta&caseno=WP(C)/3597/2025&cCode=1&cino=GAHC010131722025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
